NCS000500_Ayden Audit Report_App A_20190725

NCS000500_Ayden MS4 Audit Report_Appendix A_20190723

APPENDIX A: SUPPORTING DOCUMENTS

NCS000500_Ayden MS4 Audit Report_Appendix A_20190723

Town of Ayden

NPDES Phase II
Stormwater Management Program

Comprehensive Stormwater Management Plan

July 2010 - DRAFT

NCS000500_Ayden MS4 Audit Report_Appendix A_20190723

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TABLE OF CONTENTS
INTRODUCTION ......................................................................................................................... 2
1. Storm Sewer System Information. ................................................................ 3
1.1 Population Served ................................................................................ 3
1.2 Growth Rate ......................................................................................... 3
1.3 Jurisdictional Area ................................................................................ 3
1.4 MS4 Conveyance System..................................................................... 3
1.5 Land Use Composition. ........................................................................ 4
1.6 TMDL Identification. .............................................................................. 4
2. Receiving Streams ........................................................................................ 5
3. Existing Water Quality Programs .................................................................. 6
3.1 Local Programs .................................................................................... 6
3.2 State Programs ..................................................................................... 6
4. Permitting Information. .................................................................................. 7
4.1 Responsible Party Contact List ............................................................. 7
4.2 Organizational Chart. ............................................................................ 7
4.3 Signing Official ...................................................................................... 8
4.4 Duly Authorized Representative. ........................................................... 8
5. Co-Permit Status Information. ....................................................................... 9
6. Reliance on Another Entity ........................................................................... 10
6.1 Name of Entity ...................................................................................... 10
6.2 Elements Implemented ......................................................................... 10
6.3 Contact Information .............................................................................. 10
6.4 Legal Agreement .................................................................................. 10
7. Stormwater Management Program Plan. ...................................................... 11
7.1 Public Education and Outreach ............................................................. 11
7.2 Public Involvement and Participation .................................................... 12
7.3 Illicit Discharge Detection and Elimination ............................................. 13
7.4 Construction-Site Stormwater Runoff Control........................................ 14
7.5 Post-Construction Stormwater Management ......................................... 15
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations ...... 17
ANNUAL REPORTING .............................................................................................................................. 19
LIST OF APPENDICES ........................................................................................................................... 20
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INTRODUCTION
Why Is Stormwater Important?
North Carolina’s number one water quality problem is stormwater runoff pollution. As
stormwater flows across impervious surfaces, it picks up various pollutants, such as oil &
grease, excess nutrients, bacteria and sediment. Polluted stormwater flows down our storm
drains and ditches where it is discharged, untreated, into our streams, rivers, and lakes.
Stormwater runoff pollution causes adverse impacts to aquatic ecosystems, poses human
health risks, and can greatly increase the cost of treating our drinking water.

Program Background
In 1972, the National Pollutant Discharge Elimination System (NPDES) program was
established under the authority of the Federal Clean Water Act. Phase I of the NPDES
Stormwater program was established in 1990. It required NPDES permit coverage for
municipalities with populations of 100,000 or more.

Phase II of the NPDES Stormwater program was signed into law in December 1999. The Phase
II program extended permit coverage to smaller (< 100,000 pop.) communities and public
entities that own or operate a municipal separate storm sewer system (MS4). It required these
smaller communities to develop a stormwater program and obtain an NPDES permit for
stormwater discharges.

In North Carolina, the Department of Environment and Natural Resources, Division of Water
Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ issued the Town of
Ayden’s (Town) initial Phase II permit, on December 1, 2005. The permit required the Town to
develop, implement, and enforce a stormwater program designed to reduce the discharge of
pollutants from the MS4 to the maximum extent practicable. The program was implemented in
phases over the last five years. Pursuant to the permit the stormwater program included the
following six minimum measures or best management practices (BMPs):

1. Public education and outreach;

2. Public involvement/participation;

3. Illicit discharge detection and elimination;

4. Construction site stormwater runoff controls;

5. Post-construction site runoff controls for new development and redevelopment;

6. Pollution prevention and good housekeeping for municipal operations.
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1. Storm Sewer System Information

1.1 Population Served
Estimated population served. ...................... 4,9431
1.2 Growth Rate
Estimated growth rate ................................. 7.5%2
1.3 Jurisdictional Area
Town Limits ........................................................ sq. mi
ETJ Only .................................................. 14.63 sq. mi.
Total Planning Jurisdiction ....................... 17.90 sq. mi.

1.4 MS4 Conveyance System
Much of the Town’s stormwater conveyance system is in excess of 50 years old, thus it
consists of a variety of materials and components. These range from typical curb and
gutter systems conveyed by concrete, terra cotta, ductile iron and corrugated galvanized
pipes to simple sheet flow. The predominate conveyance components include grass
lined swales and vegetated drainage ditches with various pipes and culverts. There are
also very few detention facilities within the Town’s jurisdiction; with all of these being
located on private property.
Stormwater conveyance system components are periodically inspected to ensure proper
function. Additionally, visual inspections are performed during significant rain events.
The North Carolina Department of Transportation (NCDOT) maintains systems within
their public road rights-of-way. Systems located on private property, including detention
facilities and other structural and nonstructural BMP’s, are maintained by the owner.
The Town, as part of its stormwater program, performs mechanical street sweeping and
leaf/debris removal on a weekly basis on all streets within its jurisdiction. Additionally,
stormwater piping is mechanically cleaned by means of a high pressure water jet
vacuum assisted truck. After cleaning, the stormwater piping is videoed with a crawling
camera which transmits video to DVD. This work assists in identifying possible pipe
failures/fractures.

July 2008 Town Population Estimate Data from North Carolina Office of Budget and Management,
http://www.osbm.state.nc.us/.
Percentage increase from 2000 to 2008 (source North Carolina Office of Budget and Management).
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1.5 Land Use Composition
Estimated Land Use3
Residential .................................................. 12%
Commercial .................................................. 5%
Industrial ....................................................... 2%
Open Space ............................................... 81%
Total ........................................................... 100%

1.6 TMDL Identification
Currently, no streams within the Town of Ayden’s jurisdiction have an associated Total
Maximum Daily Load.

Land use percentages were estimated from the Town of Ayden Existing Land Use GIS Layer. Area of parcels for
each designated land use type were summed and calculated for relative percentage of the planning jurisdictional area
(Town Limits and ETJ).
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2. Receiving Streams
The Town of Ayden lies within the Swift Creek and Contentnea Creek Watersheds and is
located entirely within the Neuse River Basin. Specific receiving waters are listed below and
are depicted on Map1.

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3. Existing Water Quality Programs

3.1 Local Programs
The following programs and ordinances are being implemented within the Town’s
jurisdiction.

Town of Ayden Zoning Ordinance – regulates overall development and land use.
Specific water quality aspects of the Zoning Ordinance include maximum lot coverage
standards, landscaping and buffering requirements, and the Conservation Zoning District
which has been applied to all of the jurisdiction’s Regulatory Floodplain.

Town of Ayden Subdivision Ordinance – regulates the subdivision of property and
includes the specifications for new streets (including their stormwater conveyance
design).

Pitt County Flood Damage Prevention Ordinance – protects water quality by preventing
new development within flood hazard zones. This Ordinance is administered by Pitt
County via an Inter-Local Agreement.

Pitt County Soil Erosion and Sedimentation Control Ordinance – protects water quality
by providing measures to ensure construction site stormwater runoff control. This
Ordinance is administered by Pitt County via an Inter-Local Agreement.

Town of Ayden Comprehensive Plan – The Town of Ayden is currently developing a new
Comprehensive Plan that will guide how the Town grows and operates over the next
twenty years. One Chapter proposed for this Plan will address the general issue of
Environmental Quality and will have specific Goals and Objectives related to stormwater
and water quality.

3.2 State Programs
Development within the Town’s jurisdiction is subject to the Neuse River Basin Rules
which are implemented by Pitt County through the administration of their Soil Erosion
and Sedimentation Control Ordinance. The Town of Ayden does rely on NCDOT to
maintain stormwater facilities and programs within their road rights-of-way.
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4. Permitting Information
The Town’s Stormwater Program is a component of the Department of Public Works and
Utilities. The Public Works and Utilities Director oversees the program and works closely with
the Town Manager, Assistant Town Manager, and Pitt County Department of Planning staff.

4.1 Responsible Party Contact List
Overall implementation and oversight of the Town’s Stormwater Program is provided
through the Town’s Public Works Department. The Contact person is:

Robert Sutton
Public Works and Utilities Director
Town of Ayden
P.O. Box 219
Ayden, NC 28513
Telephone: [phone]
Email: [e-mail]

4.2 Organizational Chart
The Town’s organization chart is provided below.

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4.3 Signing Official

The Town of Ayden operates under a council-manager form of government. The town
manager is responsible for management and oversight of the Town’s daily operations.
Contact information is listed below:

Adam G. Mitchell
Town Manager
Town of Ayden
P.O. Box 219
Ayden, NC 28513
Telephone: [phone]
Email: [e-mail]

4.4 Duly Authorized Representative
Not applicable.
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5. Co-Permit Status Information
The Town is not co-permitting with another entity.
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6. Reliance on Another Entity
The Town of Ayden utilizes Pitt County to implement portions of its Stormwater Program as
follows:

6.1 Name of Entity
Pitt County

6.2 Elements Implemented

A. Administration of the Pitt County Flood Damage Prevention Ordinance within the
town’s planning jurisdiction. Authority to do so is provided by Inter-Local
Agreement.

B. Administration of the Pitt County Soil Erosion and Sedimentation Control
Ordinance within the town’s planning jurisdiction. The administration and
implementation of this Ordinance is also the mechanism by which the Neuse River
Basin Stormwater Rules are implemented. Authority to do so is provided by Inter-
Local Agreement.

6.3 Contact Information

Jonas Hill
Pitt County Planning Department
1717 W. 5th Street
Greenville, NC 2
Telephone: [phone]
Email: [e-mail]

6.4 Legal Agreement
The Town entered into an inter-local agreement with Pitt County, effective December 8,
2003, to administer the County’s Flood Damage Prevention Ordinance within the town’s
planning jurisdiction. A copy of the Agreement is attached.

The Town entered into an inter-local agreement with Pitt County, effective December 8,
2003, to administer the County’s Soil Erosion and Sedimentation Control Ordinance
within the town’s planning jurisdiction. A copy of the Agreement is attached.
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7. Stormwater Management Program Plan
The following sections describe the Town’s Stormwater Management Program and
measurable goals for each BMP. While the six BMPs are not expected to change over the life
of this Stormwater Management Plan, measurable goals may be modified, removed, or new
goals added. Changes may be necessary to meet permit renewal requirements, changes in
resources, or to be more effective in reducing impacts to the MS4. Modifications to these
goals will be documented within the required annual report.

7.1 Public Education and Outreach
The Town’s stormwater public education and outreach program includes dissemination
of educational materials at festivals and special events, the development and distribution
of a stormwater newsletter to all town utility customers, and the provision of a
Stormwater Management Program Page on the Town’s Website.
Target Pollutant Sources
Land use within the Town’s jurisdiction is composed primarily of residential, commercial,
and agricultural uses. Target pollutant sources from these land uses include:

Sediment – Sediment can adversely impact waterways and aquatic environments. Due
to recent drought cycles, maintaining vegetative cover has been an issue. For new
construction, erosion control is necessary to keep sediment on site.

Litter/Yard Waste – Litter and yard waste can block stormwater conveyances. As litter
and yard waste decompose it introduces chemicals and additional nutrients into the
storm system.

General Household and Landscape Chemicals – These include fertilizers, pesticides,
automotive chemicals, and detergents and can cause significant impacts to aquatic
environments.

Target Audience
Two primary target audiences have been identified, local citizens and business owners.
Local citizens will be targeted via their residences, churches, schools, and other civic
groups. Business owners, particularly developments with high impervious surface ratios,
will be targeted.

Measurable Goals
.
A. Develop and Distribute Materials
Develop educational materials or modify/utilize existing materials available
from other agencies. Distribute educational materials through educational
programs, local events (such as Downtown Day and the Ayden Collard
Festival) and placement of informational flyers at Town Hall (4144 West
Avenue) and the Town Operations Center (4061 East Avenue).

B. Stormwater Related Newsletter
Publish a Town Newsletter related the Town’s Stormwater Management
Program and general water quality issues quarterly. The Newsletters will be
distributed to all town utility customers (water, sanitary sewer, and/or electric)
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via monthly utility bills and a digital catalog of the Newsletters will be available
on the Stormwater Management Program Page of the Town’s Website.

C. Stormwater Page on the Town’s Website
The Town will maintain a Stormwater Management Program Section on the
Town Website where appropriate educations materials and information will be
made available to the public.

D. Additional Educational Programs
The Town will provide stormwater and water quality related educational
programs to scouts groups, homeowner associations, and other civic groups
as requested. The Town will also provide educational information to local
business, and evaluate the feasibility of conducting workshops for local
business targeting illicit discharge and good housekeeping practices.

Evaluation
The Town’s Public Education and Outreach program will be evaluated by assessing
progress towards each measurable goal listed above. Information and data towards
completion of each measurable goal will be tracked. Progress will be reported each year
in the annual report to the state.

7.2 Public Involvement and Participation
The Town’s Stormwater Public Involvement and Participation Program includes
maintaining an informational website with contact information; participation in local
events and festivals; annual input from the Governing Board, Planning Board and
citizens;, and a Volunteer Storm Drain Stenciling Program.

Measurable Goals
.
A. Stormwater Page on the Town’s Website
The Town will maintain a Stormwater Management Program Section on the
Town Website where contact information for citizens to report concerns or
make requests. Respond to citizen request as warranted.

B. Annual Review and Input
The Town of Ayden Stormwater Management Plan will be reviewed annually
by the Town Planning Board and Governing Body. Each body will provide an
opportunity for public comment related to the Plan.

C. Outreach Events/Festivals
The Town will distribute information related to the Town’s Stormwater
Management Program at various events and festivals such as Downtown Day
and the Ayden Collard Festival.

D. Volunteer Program
The Town will initiate and oversee a Volunteer Storm Drain Stenciling
Program. The Program will consists of stenciling a message next to street
storm drains reminding people "Dump No Waste- Drains to Neuse River" with
the image of a fish.
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Evaluation
The Town’s Public Involvement and Participation Program will be evaluated by
assessing progress towards each measurable goal listed above. Information and data
towards completion of each measurable goal will be tracked. Progress will be reported
each year in the annual report to the state.

7.3 Illicit Discharge Detection and Elimination

The Town’s Stormwater Illicit Discharge Detection and Elimination program is outlined
below and includes Storm Sewer System Mapping; the regulatory mechanism used to
prohibit illicit discharges into the MS4; enforcement; and detection and elimination.

Measurable Goals

A. Storm Sewer System Map
The Town of Ayden maintains a Geographic Information System (GIS)
database that includes detailed geospatial information related to the Town’s
storm sewer conveyance system. The database also includes geospatial
information related to drainage areas, receiving streams, land use, zoning,
floodplain data, and other pertinent data. This information is updated
periodically.

Pursuant to the Town of Ayden’s current permit, components of their MS4
were mapped using Global Positioning System (GPS) technology and are
included in the GIS. The Town will update the GIS Stormwater Layer to
reflect changes to the MS4 as necessary. This may include updating
stormwater system components for new development, repairs, and
maintenance, in addition to updating stream data based on surface water
identification requests. Mapping updates of the MS4 is solely the Town’s
responsibility.

B. Regulatory Mechanism
Article VII of the Town’s Phase II Stormwater Ordinance provides the
regulatory mechanism for addressing illicit discharges and connections to the
Town’s MS4 System. The Town will continue to maintain this regulatory
mechanism for the duration of this Plan.

C. Procedures for Illicit Discharge Detection and Elimination
In an effort to identify and eliminate illicit discharges into the MS4, the Town
will investigate citizen complaints; identify at least one new priority area for
detection and elimination annually; and conduct dry weather inspections in
priority area(s).

D. Staff Training
The Town will provide appropriate employees with information related to the
hazards associated with illegal discharges and improper disposal of waste.
The Town will further explore the feasibility of partnering with other regional
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Phase II Communities to conduct at least one training session for Town
employees related to this topic.

E. Public Outreach
The Town will provide area businesses and the general public with
information related to the hazards associated with illegal discharges and
improper disposal of waste. This information will be distributed as part of the
Public Education and Outreach Program component of this Plan via the
previously described Stormwater Related Newsletter and Stormwater Page
on the Town’s Website.

F. Local Stream Monitoring
Evaluate the need for additional stream sampling/monitoring. Identify possible
partnerships for collaborative sampling/monitoring efforts.

Evaluation
The Town’s Public Illicit Discharge Detection and Elimination Program will be evaluated
by assessing progress towards each measurable goal listed above. Generally,
inspection and complaint information will be logged and tracked. Assessments will be
made toward completion of the goals listed above. Progress will be reported each year
in the annual report to the state.

7.4 Construction-Site Stormwater Runoff Control
Pitt County implements and enforces construction site stormwater runoff control for the
Town of Ayden through its Soil Erosion and Sedimentation Control Program. Pitt County
has local delegated authority from the state to implement such a Program.

Measurable Goals

A. Regulatory Mechanism
Pitt County administers the Pitt County Soil Erosion and Sedimentation
Control Ordinance within the town’s planning jurisdiction. Authority to do so
is provided by Inter-Local Agreement.

B. Plan Review
Pitt County reviews and approves Soil Erosion and Sedimentation Control
Plans for proposed new development projects within the Town’s jurisdiction to
ensure compliance with the Pitt County Soil Erosion and Sedimentation
Control Ordinance.

C. Inspections
Pitt County inspects permitted construction sites within the Town’s jurisdiction
to ensure compliance with approved Soil Erosion and Sedimentation Control
Plans. As needed, they request corrective actions, issue Notice of Violations
and Stop Work Orders as outlined in the Ordinance.
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Evaluation
Pitt County maintains a database and inspection reports on each permitted construction
site. Information regarding number of sites, acreage of disturbance, compliance, notice
of violations, and enforcement actions are tracked and will be included in the annual
report to the state for sites within the Town’s jurisdiction.

7.5 Post-Construction Stormwater Management in New Development and
Redevelopment
The Town’s Post-Construction Stormwater Program includes four primary components:
new development review, stormwater BMP inspection, education and outreach, and
retro-fit opportunities. The Town is responsible for the implementation and enforcement
of its Phase II Stormwater Ordinance.

Regulatory Mechanism
On September 8, 2008, the Town of Ayden Governing Board adopted the Town of
Ayden Phase II Stormwater Ordinance which provides the regulatory mechanism for
post-construction stormwater controls in the town’s jurisdiction.

Post-Construction Stormwater Requirements
The Town of Ayden utilizes both structural and non-structural BMPs to treat and control
post-construction stormwater. Non-structural BMPs include stream buffers, flood hazard
zone protection, and landscaping requirements.

Structural stormwater BMPs include those listed in the NCDWQ Stormwater BMP
Manual. Through its Phase II Stormwater Ordinance, the Town requires structural BMPs
to have a signed operations and maintenance agreement and certification by a licensed
engineer that the BMPs have been properly constructed. These measures are in place
to ensure proper operation of the BMP.

Specific post-construction stormwater requirements for new development are outlined
below.

For projects that individually, or cumulatively, disturb more than one-acre there are two
options; low-density and high-density.

A project is a low-density project if it has no more than two dwelling units per acre for
residential development and no more than twenty-four (24) percent built-upon area
(BUA) for non-residential development.

Low-density development requirements include:
Use vegetative conveyances;
Minimum stream buffers (30-feet);
Reduce nutrient loading (i.e. Meet Neuse River Basin Rules);
Must have an operation and maintenance agreement and restrictive
covenants for structural BMPs.

A project is a high-density project if it exceeds the low-density threshold for dwelling
units per acre and/or built-upon area.
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High-density development requirements include:
85% total suspended solids reduction;
Control/treat the first 1-inch of rainfall;
Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one (1) year, twenty-four (24) hour
storm;
Drawdown between 48 and 120 hours;
Reduce nutrient loading (i.e. Meet Neuse River Basin Rules);
Must have an operation and maintenance agreement and restrictive
covenants for structural BMPs.;
Minimum stream buffers (30-feet).

Other Related Policies, Practices, Regulations
In addition to the specific post-construction stormwater requirements listed above, the
Town of Ayden employs other policies, practices and regulations that help to protect the
water quality of its receiving waters. Measures are currently in place that help to protect
natural resources, protect open space, preserve trees, regulate redevelopment and
street design. During the Comprehensive Plan development process, the Town is
evaluating additional measures to minimize water quality impacts associated with future
development activities.

Measurable Goals
A. New Development Review
Review and approve proposed new development projects to ensure
compliance with the Town’s Phase II Stormwater Ordinance requirements.

B. BMP Inspections
Inspect new structural stormwater BMPs at the time the project is complete
to ensure compliance with approved plans. Map new BMPs using GPS/GIS
technology. Review required annual inspection reports submitted by the
BMP owner. Conduct follow-up inspections as warranted and provide
inspection reports to owner outlining follow up actions. Issue notice of
violations if warranted.

C. Education/Outreach
This portion of the Post-Construction Stormwater Management Program is
part of the overall education/outreach component described in Sections 7.1
and 7.2 herein. This primarily includes providing information to businesses,
homeowner associations and other stormwater BMP owners about
maintenance and inspection requirements.

D. Retro-fit Opportunities
Identify at least one new possible stormwater retro-fit location annually.
Evaluate sites already identified based on land availability, willing
ownership, potential for pollution reductions, and other pertinent variables.
Rank these sites and evaluate grant availability and/or other funding
sources to implement retro-fits. Identify potential partnerships to develop
and fund retro-fit projects.
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Evaluation
Electronic records of each BMP site approved through the Town’s Phase II Stormwater
Ordinance, including inspection records, shall be maintained by the Town. Information
regarding the number of plans reviewed, BMP inspections and other pertinent
information will be included in the annual report to the state for development within the
Town’s jurisdiction.

7.6 Pollution Prevention / Good Houskeeping for Municipal Operations
The Town’s Pollution Prevention/Good Housekeeping Program includes four primary
components: evaluate Town operations, corrective action, employee training, and public
awareness.

Affected Town Operations
The following facilities are owned by the Town and are included in Pollution
Prevention/Good Housekeeping Program:

1. Town Hall;
2. Town Operations Center;
3. Old Town Hall;
4. Community Building;
5. Arts and Recreation Community Center;
6. Veteran’s Park;
7. J.J. Brown Park;
8. Town Library
9. Water Distribution System;
10. Sanitary Sewer Collection System.
11. Town Street Network

Measurable Goals

A. Training
The Town will provide appropriate employees with information related to
preventing and reducing pollutant runoff from municipal operations. The
Town will further explore the feasibility of partnering with other regional Phase
II Communities to conduct at least one training session for Town employees
related to this topic. This training may be combined with training related to
the hazards associated with illegal discharges into the MS4 and improper
disposal of waste.

B. Public Awareness
Provide information to users of public facilities regarding efforts and
measures implemented, instructions for proper use of facilities, and penalties
for failure to comply.

C. Maintenance and Inspections
Ensure implementation of the following:
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The Town will perform street sweeping on all town streets on a
weekly basis.

The Town will utilize a vehicle wash area wherein all wastewater is
drained to the sanitary sewer, not the storm sewer system.

The Town will investigate and, where appropriate and feasible,
implement an Integrated Pest Management Program wherein the
prevention and management of pests including insects, weeds and
plant disease is addressed by a minimally toxic method.

The Town will continue a systematic schedule of high-pressure
cleaning the piped portions of the town’s storm sewer system.

The Town will continue to limit the use of salt for safety in extreme
cold temperature events. When salt is required to provide for the
public safety, it is no more than a 1/3 salt - 2/3 sand mixture that is
limited to sidewalks and intersections.
~ 19 ~

ANNUAL REPORTING
In order to help evaluate the effectiveness of the Town’s NPDES Phase II Stormwater Program,
NCDWQ requires the submittal of an annual report. The annual report submitted to NCDWQ is
an online report that quantifies program elements completed in the previous permit year. The
Town will complete and submit the report annually.
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LIST OF APPENDICES

Town of Ayden Phase II Stormwater Ordinance
Pitt County Flood Damage Prevention Ordinance
Inter-Local Agreement between Pitt County and Town of Ayden – Administration of the Pitt
County Flood Damage Prevention Ordinance

Pitt County Soil Erosion and Sedimentation Control Ordinance

Inter-Local Agreement between Pitt County and Town of Ayden – Administration of the Pitt
County Soil Erosion and Sedimentation Control Ordinance

TOWN OF AYDEN

PHASE II STORMWATER ORDINANCE

Adopted September 8th, 2008
2

TOWN OF AYDEN

PHASE II STORMWATER ORDINANCE

Art. I. General Provisions
Art. II. Applicability and Jurisdiction
Art. III. Administration and Procedures
Art. IV. Standards
Art. V. Maintenance
Art. VI. Enforcement and Violations
Art. VII. Illicit Discharges
Art. VIII. Definitions
3

ARTICLE I. GENERAL PROVISIONS

Section 10.1 TITLE

This ordinance shall be officially known as the “Phase II Stormwater Ordinance
for the Town of Ayden, North Carolina,” and may be referred to as “stormwater
ordinance”.

Section 10.2 AUTHORITY

The Board of Commissioners of the Town of Ayden is authorized to adopt this
ordinance pursuant to North Carolina law, including but not limited to Article 14,
Section 5 of the Constitution of North Carolina; North Carolina General Statutes
143-214.7 and rules promulgated by the Environmental Management Commission
there under; Session Law 2004-163; Chapter 160A, §§ 174, 185.

Section 10.3 FINDINGS

It is hereby determined that:

Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge;

These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology which are harmful to public health
and safety as well as to the natural environment; and

These effects can be managed and minimized by applying proper design and well-
planned controls to manage stormwater runoff from development sites.

Further, the Federal Water Pollution Control Act of 1972 („Clean Water Act”) and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the
North Carolina Environmental Management Commission Promulgated in
response to federal Phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt the minimum stormwater controls such as
those included in this ordinance.

Therefore, the Board of Commissioners of the Town of Ayden establishes this set
of water quality and quantity regulations to meet the requirements of state and
federal law regarding control of stormwater runoff and discharge.
4

Section 10.4 PURPOSE

(A) General

The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
increased post-development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment, as
well as illicit discharges into the municipal stormwater systems. It has
been determined that proper management of construction-related and post-
development stormwater runoff will minimize damage to public and
private property and infrastructure, safeguard the public health, safety, and
general welfare, and protect water and aquatic resources.

(B) Specific

This ordinance seeks to meet its general purpose through the following
specific objectives and means:

1. Establishing decision-making processes for development that protect
the integrity of watersheds and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre-
development hydrologic response in their post-development state as
nearly as practicable for the applicable design storm in order to reduce
flooding, stream bank erosion, nonpoint and point source pollution and
increases in stream temperature, and to maintain the integrity of stream
channels and aquatic habitats;
3. Establishing minimum post-development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function,
and use of structural stormwater Best Management Practices (BMPs)
that may be used to meet the minimum post-development stormwater
management standards.
5. Encouraging the use of better management and site design practices,
such the use of vegetated conveyances for stormwater and the
preservation of green space and other conservation areas to the
maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to
ensure that they continue to function as designed, are maintained
appropriately, an pose no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
5

inspection of approved projects, and to assure appropriate long-term
maintenance.
8. Coordinating site design plans that include open space and natural
areas that are consistent with the Town of Ayden Subdivision
Ordinance and the most current officially adopted Future Land Use
Plan.

ARTICLE II. APPLCABILITY AND JURISDICTION

Section 20.1 AUTHORITY

(A) General

Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not
limited to, site plan application, development plan application, and
subdivision application, unless exempt pursuant to Subsection (B) of this
Section, Exemption, below.

(B) Exemptions

Development that cumulatively disturbs less than one acre and is not part
of a larger common plan of development or sale is exempt from the
provisions of this ordinance.

Redevelopment that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.

Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of development
or sale, even though multiple, separate or distinct activities take place at
different times on different schedules.

Activities that are exempt from permit requirements of Section 404 of the
federal Clean Water Act, as specified in 40 CFR 232 (primarily, ongoing
farming and forestry activities) are exempt from the provisions of this
ordinance.

(C) Map

The provisions of this ordinance shall apply within the areas designated on
the the most current map titled “Official Zoning Map for the Town of
Ayden, North Carolina”, as adopted by the Ayden Board of
Commissioners.
6

The Stormwater Map shall be kept on file by the Stormwater
Administrator and shall be updated to take into account changes in the
land area covered by this ordinance and the geographic location of all
structural BMPs permitted under this ordinance. In the event of a
dispute, the applicability of this ordinance to a particular area of land or
BMP shall be determined by reference to the North Carolina Statutes, the
North Carolina Administrative Code, and local zoning and jurisdictional
boundary ordinances.

Section 20.2 INTERPRETATION

(A) Meaning and Intent

All provisions, terms, phrases, and expressions contained in this ordinance
shall be construed according to the general and specific purposes set forth
in Section 104, Purpose. If a different or more specific meaning is given
for a term defined elsewhere in the Town of Ayden‟s Code of ordinances,
the meaning and application of the term in this ordinance shall control for
purposes of application of this ordinance.

(B) Text Controls in Event of Conflict

In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.

(C) Authority for Interpretation

The Stormwater Administrator has the authority to determine the
interpretation of this ordinance; any person may request an interpretation
by submitting a written request to the Stormwater Administrator who shall
respond in writing within thirty (30) days. The Stormwater Administrator
shall keep on file a record of all written interpretations of this ordinance.

(D) References to Statutes, Regulations, and Documents

Whenever reference is made to a resolution, ordinance, statute, regulation,
manual (including the Design Manual), or document, it shall be construed
as a reference to the most recent edition of such that has been finalized and
published with due provision for notice and comment, unless otherwise
specifically stated.
Formatted: Indent:
Left: 1.5", First line:
0"
Formatted: Indent:
Left: 1.5", First line:
0"
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(E) Computation of Time

The time in which an act is to be done shall be computed by excluding the
first day and including the last day. If a deadline or required date of action
falls on a Saturday, Sunday, or holiday observed by the Town of Ayden,
the deadline or required date of action shall be the next day that is not a
Saturday, Sunday or holiday observed by the Town of Ayden. References
to days are calendar days unless other wise referenced.

(F) Delegation of Authority

Any Act authorized by this Ordinance to be carried out by the Stormwater
Administrator or the Town of Ayden, may be carried out by his or her
designee.

(G) Usage

(1) Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature,
establishing an obligation or duty to comply with the particular
provision. The words “may” and “should” are permissive in
nature.

(2) Conjunctions

Unless the context clearly indicates the contrary, conjunctions shall
be interpreted as follows: The word “and” indicates that all
connected items, conditions, provisions or events apply. The word
“or” indicates that one or more of the connected items, conditions,
provisions or events apply.

(3) Tense, Plurals, and Gender

Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the
plural number includes the singular number, unless the context to
the particular usage clearly indicates otherwise. Words used in the
masculine gender include the feminine gender, and vice versa.

(H) Measurement and Computation
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Lot area refers to the amount of horizontal land area contained inside the
lot lines of a lot or site.

Section 20.3 DESIGN MANUAL

(A) Reference to Design Manual

The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the latest
approved North Carolina Division of Water Quality Stormwater Best
Management Practices Manual (Design Manual) as the basis for decisions
about stormwater permits and about the design, implementation and
performance of structural and non-structural stormwater BMP‟s.

The Design Manual includes a list of acceptable stormwater treatment
practices, including the specific design criteria for each stormwater
practice. Stormwater treatment practices that are designed, constructed,
and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of
the Phase II laws.

(B) Relationship of Design Manual to Other Laws and Regulations

If the specifications or guidelines of the Design Manual are more
restrictive or apply a higher standard than other laws or regulation, that
fact shall not prevent application of the specifications or guidelines in the
Design Manual.

(C) Changes to Standards

If the standards specifications, guidelines, policies, criteria, or other
information in the Design Manual are amended subsequent to the
submittal of an application for approval pursuant to this ordinance but
prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this ordinance with regard
to the application.

Section 20.4 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS

(A) Conflict of Laws

This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
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ordinance are in addition to the requirements of any other ordinance, rule,
regulation or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other
ordinance, rule, regulation or other provision of law, whichever provision
is more restrictive or imposes higher protective standards for human or
environmental health, safety, and welfare, shall control.

(B) Private Agreements

This ordinance is not intended to revoke or repeal any easement, covenant,
or other private agreement. However, where the regulations of this
ordinance are more restrictive or impose higher standards or requirements
than such easement, covenant, or other private agreement, then the
requirements of this ordinance shall govern. Nothing in this ordinance
shall modify or repeal any private covenant or deed restriction, but such
covenant or restriction shall not legitimize any failure to comply with this
ordinance. In no case shall the Town of Ayden be obligated to enforce the
provisions of any easements, covenants, or agreements between private
parties.

Section 20.5 SEVERABILITY

If the provisions of any section, subsection, paragraph, subdivision or clause of
this ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.

Section 20.6 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS

(A) Effective Date

This Ordinance shall take effect on September 9, 2008.

(B) Final Approvals, Complete Applications

All development and redevelopment projects for which complete and full
applications were submitted and approved by the Town of Ayden prior to
the effective date of this ordinance and which remain valid, unexpired,
unrevoked and not otherwise terminated at the time of development or
redevelopment shall be exempt from complying with all provisions of this
ordinance dealing with the control and/or management of post-
construction runoff, but shall be required to comply with all other
applicable provisions, including, but not limited to illicit discharge
provisions.
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A phased development plan shall be deemed approved prior to the
effective date of this ordinance if it has been approved by all necessary
government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:

1. For the initial or first phase of development, the type and intensity
of use for a specific parcel or parcels, including at a minimum, the
boundaries of the project and a subdivision plan that has been
approved.

2. Future phases of the development are designed and constructed in
a manner sufficiently consistent with the approved original
development plan.

(C) Violations Continue

Any violations of provisions existing on the effective date of this
ordinance shall continue to be a violation under this ordinance and be
subject to penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions
of this ordinance.

ARTICLE III. ADMINISTRATION AND PROCEDURES

Section 30.1 REVIEW AND DECISION-MAKING ENTITIES

(A) Designation

A Stormwater Administrator shall be designated by the Town Manager to
administer and enforce this ordinance.

(B) Powers and Duties

In addition to the powers and duties that may be conferred by other
provisions of the Town of Ayden Code of Ordinances and other laws, the
Stormwater Administrator shall have the following powers and duties
under the ordinance.

(1) To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this
ordinance.
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(3) To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the Board of Commissioners on applications
for development or redevelopment approvals.
(4) To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
(5) To maintain records, maps, and official materials that relate to the
adoption, amendment, enforcement, or administration of this
ordinance.
(6) To provide expertise and technical assistance to the Board of
Commissioners and Planning Board, upon request.
(7) To designate appropriate other persons who shall carry out the
powers and duties of the Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of
this ordinance.

Section 30.2 REVIEW PROCEDURES

(A) Permit Required; Must Apply for Permit

A stormwater permit is required for all development and redevelopment
unless exempt pursuant to this ordinance. A permit may only be issued
subsequent to a properly submitted and reviewed permit application,
pursuant to this section.

(B) Effect of Permit

A stormwater permit shall govern the design, installation, and construction
of stormwater management and control practices on the site, including
structural BMPs and elements of site design for stormwater management
other than structural BMPs.

The Permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and control
of stormwater for the development or redevelopment site consistent with
the requirements of this ordinance, whether the approach consists of
structural BMPs or other techniques such as low-impact or low-density
design. This permit does not continue in existence indefinitely after the
completion of the project; rather, compliance after project construction is
assured by the maintenance provisions of this ordinance.

(C) Authority to File Applications

All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the landowner or the landowner‟s duly
authorized agent.
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(D) Establishment of Application Requirements, Schedule, and Fees

(1) Application Contents and Form

The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the
stormwater permit application shall describe in detail how post-
development stormwater runoff will be controlled and managed,
the design of all stormwater facilities and practices, and how the
proposed project will meet the requirements of this ordinance.

(2) Submission Schedule

The Stormwater Administrator shall establish a submission
schedule for applications. The schedule shall establish deadlines
by which complete applications must be submitted for the purpose
of ensuring that there is adequate time to review applications, and
that the various stages in the review process are accommodated.

(3) Permit Review Fees

Stormwater permit fees shall be established and approved by the
Ayden Board of Commissioners, and shall be provided on the most
current adopted fee schedule. These fees may be amended and
updated from time to time.

(E) Submittal of Complete Application

Applications shall be submitted to the Stormwater Administrator pursuant
to the application submittal schedule in the form established by the
Stormwater Administrator, along with the appropriate fee established
pursuant to this section.

An application shall be considered as timely submitted only when it
contains all elements of a complete application pursuant to this ordinance,
along with the appropriate fee. If the Stormwater Administrator finds that
an application is incomplete, the applicant shall be notified of the deficient
elements and shall be provided with an opportunity to submit a complete
application. However, the submittal of an incomplete application shall not
suffice to meet a deadline contained in the submission schedule
established above.

(F) Review
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Within 30 working days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine
whether the application complies with the standards of this ordinance.

(1) Approval

If the Stormwater Administrator finds that the application complies
with the standards of this ordinance, the Stormwater Administrator
shall approve the application. The Stormwater Administrator may
impose conditions of approval as needed to ensure compliance
with this ordinance. The conditions shall be included as part of the
approval.

(2) Fails to Comply

If the Stormwater Administrator finds that the application fails to
comply with the standards of this ordinance, the Stormwater
Administrator shall notify the applicant and shall indicate how the
application fails to comply. The applicant shall have an
opportunity to submit a revised application.

(3) Revision and Subsequent Review

A complete revised application shall be reviewed by the
Stormwater Administrator within fifteen (15) working days after
its re-submittal and shall be approved, approved with conditions or
disapproved.

If a revised application is not re-submitted within thirty (30)
calendar days from the date the applicant was notified, the
application shall be considered withdrawn, and a new submittal for
the same or substantially the same project shall be required along
with the appropriate fee.

One re-submittal of a revised application may be submitted
without payment of an additional permit review fee. Any re-
submittal after the first re-submittal shall be accompanied by a
permit review fee additional fee, as established pursuant to this
ordinance.

Section 30.3 APPLICATIONS FOR APPROVAL

(A) Conceptual Sketch Plan and Consultation Meeting
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Before a stormwater management permit application is deemed complete
the Stormwater Administrator or developer may request a consultation on
a concept sketch plan for the post-construction stormwater management
system to be utilized in the proposed development project. This
consultation meeting should take place at the time of the sketch plan of
subdivision or other early step in the development process. The purpose
of this meeting is to discuss the post-construction stormwater management
measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced.
Overall site design, watershed plans, open space requirements, and other
relevant resource protection plans may be consulted in the discussion of
the concept plan.

To accomplish this goal the following information should be included in
the conceptual sketch plan, which should be submitted in advance of the
meeting:

(1) Existing Conditions / Proposed Site Plans

Existing conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography;
perennial and intermittent streams; mapping of predominant soils
from soil surveys (when available); boundaries of existing
predominant vegetation and proposed limits of clearing and
grading; and location of existing and proposed roads, buildings,
parking areas and other impervious surfaces.

(2) Natural Resources Inventory

A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the
project. This description should include a discussion of soil
conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and
boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other
setbacks. Particular attention should be paid to environmentally
sensitive features that provide particular opportunities or
constraints for development.

(3) Stormwater Management System Concept Plan

A written or graphic conceptual sketch plan of the proposed post-
development stormwater management system including:
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preliminary selection and location of proposed structural
stormwater controls; low impact design elements; location of
existing and proposed conveyance systems such as grass channels,
swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of
proposed stream channel modifications, such as bridge or culvert
crossings.

(B) Stormwater Management Permit Application

The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Section 3, Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil
scientist or landscape architect, and the engineer, surveyor, soil scientist or
landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater
management facilities and practices meets the submittal requirements for
complete applications, that the designs and plans are sufficient to comply
with applicable standards and policies found in the Design Manual, and
that the designs and plans ensure compliance with this ordinance.

The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 30.2 (D)

(C) As-Built Plans and Final Approval

Upon completion of a project, and before a Zoning Compliance Certificate
and certificate of occupancy shall be granted, the applicant shall certify
that the completed project is in accordance with the approved stormwater
management plans and designs, and shall submit actual “as built” plans for
all stormwater management facilities or practices after final construction is
completed.

The plans shall show the final design specifications for all stormwater
management facilities and practices and the filed location, size, depth, and
planted vegetation of all measures, controls, and devices, as installed. The
designer of the stormwater management measures and plans shall certify,
under seal, that the as-built stormwater measures, controls, and devices are
in compliance with the approved stormwater management plans and
designs and with the requirements of this ordinance. A final inspection
16

and approval by the Stormwater Administrator shall occur before the
release of any performance securities.

(D) Other Permits

No certificate of zoning compliance or occupancy shall be issued by the
Town of Ayden or Pitt County, respectively, without final as-built plans
and a final inspection and approval by the Stormwater Administrator.

Section 30.4 APPROVALS

(A) Effect of Approval

Approval authorizes the applicant to go forward with only the specific
plans and activity authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.

(B) Time Limit / Expiration

An approval plan shall become null and void if the applicant has failed to
make substantial progress on the site within one (1) year after the date of
approval. The Stormwater Administrator may grant a single, one-year
extension of this time limit, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan.

In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant‟s vested rights.

Section 30.5 APPEALS

(A) Right of Appeal

Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance
made by the Stormwater Administrator, may file an appeal to the Ayden
Board of Commissioners within thirty (30) days.

(B) Filing of Appeal and Procedures
17

Appeals shall be taken within the specified time period by filing a notice
of appeal and specifying the grounds for appeal on forms provided by the
Town of Ayden. The Stormwater Administrator shall forthwith transmit
to the Ayden Board of Commissioners all documents constituting the
record on which the decision appealed from was taken. The hearing
conducted by the Ayden Board of Commissioners shall be conducted in
the nature of a quasi-judicial proceeding with all findings of fact supported
by competent, material evidence.

ARTICLE IV. STANDARDS

Section 40.1 GENERAL STANDARDS

All development and redevelopment to which this ordinance applies shall comply
with the standards of this section.

Section 40.2 DEVELOPMENT STANDARDS FOR LOW-DENSITY PROJECTS

Low-density projects shall comply with each of the following standards:

(A) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.

(B) All Built-upon area shall be at a minimum of thirty (30) feet landward of
all perennial and intermittent surface waters. A perennial or intermittent
surface water shall be deemed present if the feature is approximately
shown on either 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) or similar site-specific determination made using
Division-approved methodology.

(C) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future development
and redevelopment maintains the site consistent with the approved project
plans.

Section 40.3 DEVELOPMENT STANDARDS FOR HIGH-DENSITY PROJECTS
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High-density projects shall implement stormwater control measures that comply
with each of the following standards:

(A) The measures shall control and treat the runoff from the first one (1) inch
of rainfall. Runoff volume drawdown time shall be a minimum of forty-
eight (48) hours, but not more that one hundred twenty (120) hours.

(B) All structural stormwater treatment systems used to meet the requirements
of this program shall discharge the storage volume at a rate equal to or less
than the predevelopment discharge rate for the one (1) year, twenty-four
(24) hour storm.

(C) All structural stormwater treatment systems used to meet the requirements
of the program shall be designed to a have a minimum of 85% average
annual removal for Total Suspended Solids (TSS);

(D) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Design Manual;

(E) All Built-upon area shall be at a minimum of thirty (30) feet landward of
all perennial and intermittent surface waters. A perennial or intermittent
surface water shall be present if the feature is approximately shown on
either 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) or similar site-specific determination made using
Division-approved methodology.

(F) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded deed
restrictions or protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project
plans.

Section 40.4 STANDARDS FOR STORMWATER CONTROL MEASURES

(A) Evaluation according to contents of Design Manual

All Stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPS) required under this
ordinance shall be evaluated by the Stormwater Administrator according
to the policies, criteria, and criteria for each stormwater practice, in the
Design Manual. The Stormwater Administrator shall determine whether
they will be adequate to meet the requirements of this ordinance.
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(B) Determinations of Adequacy; Presumptions and Alternatives

Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the Design
Manual will be presumed to meet the minimum water quality and quantity
performance standards of this ordinance. Whenever an applicant proposes
to utilize a practice or practices not designed and constructed in
accordance with the criteria and specifications in the Design Manual, the
applicant shall have the burden of demonstrating that the practice(s) will
satisfy the minimum water quality and quantity performance standards of
this ordinance. The Stormwater Administrator may require the applicant
to provide such documentation, calculations, and examples as necessary
for the Stormwater Administrator to determine whether such an
affirmative showing is made.

(C) Separation from Seasonal High Water Table

For BMPs that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring
soil above the seasonal high-water table.

Section 40.5 RESERVED

Section 40.6 VARIANCES

(A) Any person may petition the Ayden Board of Commissioners for a
variance granting permission to use the person‟s land in a manner
otherwise prohibited by this ordinance. To qualify for a variance, the
petitioner must show all of the following:

(1) Unnecessary hardships would result from strict application of this
ordinance.

(2) The hardships result from conditions that are peculiar to the property,
such as the location, size, or topography of the property.

(3) The hardships did not result from actions taken by the petitioner.

(4) The requested variance is consistent with the spirit, purpose, and intent
of this ordinance; will secure public safety and welfare; and will
preserve substantial justice.

(B) The Town of Ayden may impose reasonable and appropriate conditions
and safeguards upon any variance it grants.

(C) Statutory exceptions
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Notwithstanding subdivision (A) of this section, exceptions from the thirty
(30)-foot landward location of built-upon area requirement as well as the
deed restrictions and protective covenants requirements shall be granted in
any of the following instances:

(1) When there is a lack of practical alternatives for a road crossing,
railroad crossing, bridge, airport facility, or utility crossing as long
as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs.

(2) When there is a lack of practical alternatives for a stormwater
management facility; a stormwater management pond; or a utility,
including, but not limited to, water, sewer, or gas construction and
maintenance corridor, as long as it is located fifteen (15) feet
landward of all perennial and intermittent surface waters and as
long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect
against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs.

(3) A lack of practical alternatives may be shown by demonstrating
that, considering the potential for a reduction in size, configuration,
or density of the proposed activity and all alternative designs, the
basic project purpose cannot be practically accomplished in a
manner which would avoid or result in less adverse impact to
surface waters.

Section 40.7 ADDITIONAL STANDARDS

(A) Nutrient Sensitive Waters

In addition to the standards for stormwater handling set out in the Design
Manual, development and redevelopment that is within the Neuse River
Basin, or drains in whole or part to class Nutrient Sensitive Waters (NSW)
waters shall design and implement the best stormwater practices that
reduce nutrient loading, while meeting the other requirements of this
ordinance.

(B) Downstream Impact Analysis
All concentrated stormwater discharges must be conveyed into an existing
channel, storm sewer, or overland flow path, and shall not result in
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increased flood and/or drainage hazard to downstream properties during
the 10-yr 24-hour storm event.

In the event that the maximum discharge rate, at any point where
stormwater leaves the site, exceeds the pre-development discharge rate
during the 10-yr 24-hour storm, the applicant shall submit a report to the
Stormwater Administrator documenting downstream impacts between the
downstream property line and a point within the watershed where the total
acreage of the development site is equal to or less than 10% of the total
contributing drainage area within the watershed.

If there any adverse impacts to property or structures downstream of the
site the Stormwater Administrator may require additional improvements,
onsite or offsite, to mitigate the downstream impacts.

ARTICLE V: MAINTENANCE

Section 50.1 GENERAL STANDARDS FOR MAINTENANCE

(A) Function of BMPs As Intended

The owner of each structural BMP installed pursuant to this ordinance
shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.

(B) Annual Maintenance Inspection Report

The person responsible for maintenance of any structural BMP installed
pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from one of the following persons performing services
only in their area of competence: a qualified registered North Carolina
professional engineer, surveyor, landscape architect, soil scientist, aquatic
biologist, or person certified by the North Carolina Cooperative Extension
Service for stormwater treatment practice inspection and maintenance.
The inspection report shall contain all of the following:

(1) The name, address, phone number and email address (email address if
available) of the current land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly
and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
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(6) The original signature and seal of the engineer, surveyor, or landscape
architect.

All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as-built
certification/final plat approval and each year thereafter on or before
the date of the as-built certification/final plat approval.

Section 50.2 OPERATION AND MAINTENANCE AGREEMENT

(A) In General

Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to this ordinance, and prior to issuance of
any permit for development or redevelopment requiring a structural BMP
pursuant to this ordinance, the applicant or owner of the site must execute
an operational and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels
served by the structural BMP. Until the transference of all property, sites,
or lots served by the structural BMP, the original owner or applicant shall
have primary responsibility for carrying out the provisions of the
maintenance agreement.

The operation and maintenance agreement shall require the owner or
owners to maintain, repair and, if necessary, reconstruct the structural
BMP, and shall state the terms conditions, and schedule of maintenance
for the structural BMP. In addition, it shall grant to the Town of Ayden a
right of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the structural BMP; however, in no case shall the right of
entry, of itself, confer an obligation on the Town of Ayden to assume
responsibility for the structural BMP.

The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be
referenced on the final plat and shall be recorded with the county Register
of Deeds upon final plat approval. A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen
(14) days following its recordation.

(B) Special Requirement for Homeowners’ and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners‟ association, property
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owners‟ association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions:

(1) Acknowledgment that the association shall continuously operate
and maintain the stormwater control and management facilities.

(2) Acceptable financial security shall be deposited with the Town of
Ayden to ensure that each structural stormwater BMPs is
adequately maintained. The applicant shall deposit with the Town
of Ayden either cash or an evergreen letter of credit as financial
security approved by the Town of Ayden that is readily convertible
into cash at face value. The cash or evergreen letter of credit shall
be in an amount equal to fifteen (15) percent of the total cost of the
structural stormwater BMPs. If structural BMPs are not performing
adequately or as intended or are not properly maintained, the Town
of Ayden, in its sole discretion, may use the funds to remedy the
situation, and in such instances the Town of Ayden shall be fully
reimbursed by the association and its members for sediment
removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, provided that the
Town of Ayden shall first consent to the expenditure.

(3) Granting to the Town of Ayden a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.

(4) Allowing the Town of Ayden to recover from the association and
its members any and all costs the Town of Ayden expends to
maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Ayden all of its expended
costs, after forty-five (45) days written notice, shall constitute a
breach of the agreement. In case of a deficiency, the Town of
Ayden shall thereafter be entitled to bring an action against the
association and its members to pay, or foreclose upon the lien
hereby authorized by the agreement against the property, or both.
Interest, collection costs, and attorney fees shall be added to the
recovery.

(5) A statement that this agreement shall not obligate the Town of
Ayden to maintain or repair any structural BMPs, and the Town of
Ayden shall not be liable to any person for the condition or
operation of structural BMPs.

(6) A statement that this agreement shall not in any way diminish,
limit, or restrict the right of the Town of Ayden to enforce any of
its ordinances as authorized by law.
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(7) A provision indemnifying and holding harmless the Town of
Ayden for any costs and injuries arising from or related to the
structural BMP, unless the Town of Ayden has agreed in writing to
assume the maintenance responsibility for the BMP and has
accepted dedication of any and all rights necessary to carry out that
maintenance.

(8) An annual certified financial statement shall be provided to the
Stormwater Administrator

Section 50.3 INSPECTION PROGRAM

Inspections and inspection programs by the Town of Ayden may be conducted or
established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or other
notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited
to, reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the condition of
BMPs.

If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search
warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct,
hamper or interfere with the Stormwater Administrator while carrying out his or
her official duties.

Section 50.4 PERFORMANCE SECURITY FOR INSTALLATION AND
MAINTENANCE

(A) Required

(1) Installation
The Town of Ayden requires the submittal of a performance security or
bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit in order to ensure that the
structural BMPs are installed by the permit holder as required by the
approved stormwater management plan, and

(2) Maintenance
The Town of Ayden requires the submittal of a performance security in
the form of a cash or evergreen letter of credit prior to issuance of a permit
in order to ensure that the structural BMPs are maintained by the owner as
required by the operation and maintenance agreement.
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(B) Amount

(1) Installation

The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit,
plus 25%.

(2) Maintenance

Acceptable financial security shall be deposited with the Town of
Ayden to ensure that each structural stormwater BMP is adequately
maintained. The applicant shall deposit with the Town of Ayden either
cash or an evergreen letter of credit as financial security approved by
the Town of Ayden that is readily convertible into cash at face value.
The cash or evergreen letter of credit shall be in an amount equal to
fifteen (15) percent of the total cost of each structural stormwater
BMP.

(C) Uses of Performance Security

(1) Forfeiture Provisions

The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain any actions which may be
required of the applicant or owner in accordance with this
ordinance, approvals issued pursuant to this ordinance, or an
operation and maintenance agreement established pursuant to this
ordinance.

(2) Default

Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the
applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of
the security to make necessary improvements based on an
engineering estimate. Such expenditure of funds shall only be
made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use
of installation performance security, the Town of Ayden shall not
return any of the unused deposited cash funds or other security,
which shall be retained for maintenance.
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(3) Costs in Excess of Performance Security

If the Town of Ayden takes action upon such failure by the
applicant or owner, the Town of Ayden may collect from the
applicant or owner the difference between the amount of the
reasonable cost of such action and the amount of the security held,
in addition to any other penalties or damages due.

(4) Refund

Within sixty days of the final approval, the installation
performance security shall be refunded to the applicant or
terminated, except any amount attributable to the cost (plus 25%)
of landscaping installation and ongoing maintenance associated
with the BMPs covered by the security. Any such landscaping
shall be inspected one (1) year after installation with replacement
for compliance with the approved plans and specifications and, if
in compliance, the portion of the financial security attributable to
landscaping shall be released.

Section 50.5 NOTICE TO OWNERS

(A) Deed recordation and Indication On Plat

The applicable operations, including, but not limited to the maintenance
agreement (O&M) pertaining to every structural BMP(s) shall be
referenced on the final plat and shall be recorded with the Pitt County
Register of Deeds upon final plat approval. If no final plat is recorded for
the site, then the operations and maintenance agreement shall be recorded
with the Pitt County Register of Deeds so as to appear in the chain of title
of all subsequent purchasers under generally accepted searching
principles.

(B) Signage

To assure compliance with this ordinance, structural BMP(s) shall be
posted with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be erected and
maintained by the responsible party and remain visible and legible.

Section 50.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES

The owner of each structural BMP(s) shall keep records of inspections,
maintenance, and repairs for at least five (5) years from the date of creation of the
record and shall submit the same upon reasonable request to the Stormwater
Administrator.
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Section 50.7 NUISANCE

The owner of each stormwater BMP, whether structural or non-structural BMP,
shall maintain it so as not to create or result in a nuisance condition.

Section 50.8 MAINTENANCE EASEMENT

Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance easement. The
easement shall be recorded and its terms shall specify who may make use of the
easement and for what purposes.

ARTICLE VI: ENFORCEMENT AND VIOLATIONS

Section 60.1 GENERAL

(A) Authority to Enforce

The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Town of
Ayden. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of the City of
Conover.

(B) Violation Unlawful

Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment approval
or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance.

(C) Each Day a Separate Offense

Each day that a violation continues shall constitute a separate and distinct
violation or offense.

(D) Responsible Persons/Entities

Any person who erects, constructs, reconstructs, alters (whether actively
or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this
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ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies
and penalties set forth herein may include any architect, engineer, builder,
contractor, developer, agency, or any other person who participates in,
assists, directs creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action,
so that a violation of this ordinance results or persists; or an owner, any
tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the
violation occurs.

For the purpose of this article, responsible person(s) shall include but not
be limited to:

(1) Person Maintaining Condition Resulting In or
Constituting Violation

An Architect, engineer, builder, contractor, developer,
agency, or any other person who participates in, assists,
directs, creates, causes, or maintains a condition that
constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance
results or persists.

(2) Responsibility For Land or Use of Land

The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is
responsible for stormwater controls or practices pursuant to
a private agreement or public document, or any person,
who has control over, or responsibility for, the use,
development or redevelopment of the property.

SECTION 60.2 REMEDIES AND PENALTIES

(A) Remedies

(1) Withholding of Zoning Compliance Certificate

The Stormwater Administrator or other authorized agent may
refuse to issue a Zoning Compliance Certificate for the building or
other improvements constructed or being constructed on the site
and served by the stormwater practices in question until the
applicant or other responsible person has taken the remedial
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measures set forth in the notice of violation or has otherwise cured
the violations described therein.

(2) Disapproval of Subsequent Permits and Development
Approvals

As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized
agent may withhold, and the Ayden Board of Commissioners may
disapprove, any request for permit or development approval or
authorization provided for by this ordinance or any zoning permit
for the land on which the violation occurs.

(3) Injunction, Abatements, etc.

The Stormwater Administrator, with the written authorization of
the Ayden Town Manager, may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction
and order of abatement to correct a violation of this ordinance.
Any person violating this ordinance shall be subject to the full
range of equitable remedies provided in the General Statutes or at
common law.

(4) Correction as Public Health Nuisance, Costs as Lien, etc.

If the violation is deemed dangerous or prejudicial to the public
health or public safety and is within the geographic limits
prescribed by North Carolina G.S § 160A-193, the Stormwater
Administrator, with the written authorization of the Ayden Town
Manager, may cause the violation to be corrected and the costs to
be assessed as a lien against the property.

(5) Stop Work Order

The Stormwater Administrator may issue a stop work order to the
person(s) violation this ordinance. The stop work order shall
remain in effect until the person(s) has taken the remedial
measures set forth in the notice of violation or has otherwise cured
the violation or violations described therein. The stop work order
may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations

(B) Civil Penalties
30

Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not
pay the penalty within thirty (30) days after notice of the violation is
issued by the Stormwater Administrator. Civil penalties may be assessed
up to the full amount of penalty to which the Town of Ayden is subject for
violations of its Phase II Stormwater permit.

(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law.

Section 60.3 PROCEDURES

(A) Initiation / Complaint

Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a complaint. Such complaint shall state
fully the alleged violation and the basis thereof, and shall be filed with the
Stormwater Administrator, who shall record the complaint. The complaint
shall be investigated promptly by the Stormwater Administrator.

(B) Inspection

The Stormwater Administrator shall have the authority, upon presentation
of proper credentials, to enter and inspect any land, building, structure, or
premises to ensure compliance with this ordinance.

(C) Notice of Violation and Order to Correct

When the Stormwater Administrator finds that any building, structure, or
land is in violation of this ordinance, the Stormwater Administrator shall
notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the
violation is occurring, order the necessary action to abate the violation,
and dive a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil
penalties to be assessed, the time of their accrual, and the time within
which they must be paid or be subject to collection as a debt.

The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the Town of Ayden Police Department, or
by registered mail, return receipt requested, or by any means authorized
for the service of documents by Rule 4 of the North Carolina Rules of
Civil Procedure.
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If a violation is not corrected within a reasonable time as provided in the
notification, the Stormwater Administrator may take appropriate action
under this ordinance to correct and abate the violation and ensure
compliance with this ordinance.

(D) Extension of Time

A person who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the
Stormwater Administrator a written request for an extension of time for
correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the
violation, up to, but not exceeding thirty (30) days. The Stormwater
Administrator may grant fifteen (15) day extensions in addition to the
foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the person
violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension
shall state the date prior to which the correction must be made, after which
the violator will be subject to the penalties described in the notice of
violation and correction order.

(E) Enforcement After Time to Correct

After the time has expired to correct a violation, including any
extension(s) if authorized by the Stormwater Administrator, the
Stormwater Administrator shall determine if the violation is corrected. If
the violation is not corrected, the Stormwater Administrator may act to
impose one or more of the remedies and penalties authorized by this
ordinance.

(F) Emergency Enforcement

If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public
health, safety, or welfare, then the Stormwater Administrator may order
the immediate cessation of a violation. Any person so ordered shall cease
any violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any remedy
or penalty authorized by this article.
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ARTICLE VII. ILLICIT DISCHARGES

Section 70.1 ILLICIT DISCHARGES AND CONNECTIONS

(A) Illicit Discharges

No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, the waters of the
State, or upon the land in a manner and amount that the substance is likely to
reach a stormwater conveyance or the waters of the State, and liquid, solid, gas, or
other substance, other than stormwater; provided that non-stormwater discharges
associated with the following activities are allowed and provided that they do not
significantly impact water quality:

(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES
discharge permit has been approved and issued by the State of
North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by the
City of Conover

Prohibited substances include but are not limited to: oil, anti-freeze,
chemicals, animal waste, paints, garbage, and litter.
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(B) Illicit Connections

(1) Connections to a stormwater conveyance or stormwater
conveyance system that allow the discharge of non-stormwater
other than the exclusions described in section (A) above, are
unlawful. Prohibited connections include, but are not limited to:
(a) Floor drains
(b) Waste water from washing machines
(c) Waste water from sanitary sewers
(d) Wash water from commercial vehicle washing
(e) Wash water from commercial steam cleaning
(f) Waste water from septic systems

(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or
any other ordinance prohibiting such connections, the property
owner or the person using said connection shall remove the
connection within one year following the effective date of this
ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous
materials or other discharges which pose an immediate threat to
health and safety, or are likely to result in immediate injure and
harm to real or personal property, natural resources, wildlife, or
habitat.

(3) Where it is determined that said connection:

(a) May result in the discharge of hazardous materials or may
pose an immediate threat to health and safety, or is likely
to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or
ordinance, other than this section;
the Stormwater Administrator shall designate the time in
which the connection shall be removed. In setting the
time limit for compliance, the Stormwater Administrator
shall take into consideration:
(i) The quantity and complexity of the work,
(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public
health, and to public and private property, and
(iv) The cost of remedying the damage.
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(v)

(C) Spills

Spills or leaks of polluting substances released, discharged to, or having the
potential to be released or discharged to the stormwater conveyance system, shall
be contained, controlled, collected, and properly disposed. All affected areas
shall be restored to their preexisting condition.

Persons in control of the polluting substances immediately prior to their
release or discharge, and persons owning the property on which the
substances were released or discharged, shall immediately notify the Town
of Ayden Public Works and Utilities Director of the release or discharge,
as well as making any required notifications under state and federal law.
Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as a
result of said spill or leak, nor shall such notification relieve any person
from other liability which may be imposed by State or other law.

(D) Nuisance

Illicit discharges and illicit connections which exist within the Town of Ayden are
hereby found, deemed, and declared to be dangerous or prejudiced to the public
health or public safety and are found, deemed, and declared to be public
nuisances. Such public nuisances shall be abated in accordance with the
procedures set forth in Chapter (Insert #) of the Ayden Code of Ordinances.

ARTICLE VIII: DEFINITIONS

Section 80.1 TERMS DEFINED

When used in this Ordinance, the following words and terms shall have the
meaning set forth in this section, unless other provisions of this Ordinance
specifically indicate otherwise.

Built-upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel
areas such as roads, parking lots, and paths; and recreation facilities such as tennis
courts. “Built-Upon area” does not include a wooden slatted deck, the water area
of a swimming pool, or pervious or partially pervious paving material to the
extent that the paving material absorbs water or allows water to infiltrate through
the paving material.
35

Department
The North Carolina Department of Environment and Natural Resources.

Design Manual
The stormwater best management design manual approved for use in Phase II
jurisdictions by the Department. All references herein to the Design Manual are
to the latest published edition or revision.

Development
Any land-disturbing activity that increases the amount of built-upon area or that
otherwise decreases the infiltration of precipitation into the soil.

Division
The Division of Water Quality in the Department of Environment and Natural
Resources.

High-density project
Any Project that exceeds the low-density threshold for dwelling units per acre
and/or built-upon area.

Larger common plan of development or sale
Any area where multiple separate and distinct construction or land disturbing
activities will occur under one plan. A plan is an announcement or piece of
documentation (including but not limited to a sign, public notice or hearing, sales
pitch, advertisement, loan application, drawing, permit application, zoning
request, or computer design) or physical demarcation (including, but not limited
to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.

Low-density project
A project is a low-density project if it has no more than two dwelling units per
acre for residential development and no more than twenty-four (24) percent built-
upon area (BUA) for non-residential development.

A project with an overall density at or below the relevant low-density threshold,
but containing areas with a density greater than the overall project density, may be
considered low density as long as the project meets or exceeds the
post-construction model practices for low-density projects and locates the higher
density in upland areas and away from surface waters and drainage ways to the
maximum extent practicable.

1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of intensity expected to be
equaled or exceeded, on average, once in 12 months and with duration of 24
hours. For the purposes of this ordinance, the rainfall depth used to calculate
runoff shall be 3.15”.
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Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial
lessee, or any other person or entity holding proprietary rights in the property or
having legal power of management and control of the property. “Owner” shall
include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every
person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender
is included within the meaning of “owner” under another description in this
definition, such as a management entity.

Redevelopment
Any development on previously-developed land, other than a rebuilding activity
that results in no net increase in built-upon area and provides equal or greater
stormwater control than the previous development.

Structural BMP
A physical device designed to trap, settle out or filter pollutants from stromwater
runoff; to alter or reduce stormwater runoff velocity, amount, timing or other
characteristics; to approximate the pre-development hydrology on a developed
site; or to achieve any combination of these goals. Structural BMP includes
physical practices such as constructed wetlands, vegetative practices, filter strips,
grassed swales, and other methods installed or created on real property.
“Structural BMP” is synonymous with “structural practice”, “stormwater control
facility,” “stormwater control practice,” “stormwater treatment practice,”
“stormwater management practice,” “stormwater control measures,” “structural
stormwater treatment systems,” and similar terms used in this ordinance.

Substantial progress
For the purposes of determining whether sufficient progress has been made on an
approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit
and conducting grading activity on a continuous basis and not discontinued for
more than thirty (30) days; or installation and approval of on-site infrastructure; or
obtaining a building permit for the construction and approval of a building
foundation. “Substantial progress” for purposes of determining whether an
approved plan is null and void is not necessarily the same as “substantial
expenditures” used for determining vested rights pursuant to applicable law.