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HomeMy WebLinkAboutNCS000482_APPLICATION_20160510STORMWATER DIVISION CODING SHEET
M54 PERMITS
PERMIT NO.
CS o 0
DOC TYPE
❑FINAL PERMIT
❑ ANNUAL REPORT.
&--APPLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
(� (10
❑
YYYYMMDD
May 10, 2016
North Carolina Department of Environmental Quality
Division of Water Quality — Stormwater Permitting
Attn. Mr. Mike Randall
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Stormwater Permit Renewal
City of Monroe (Permit No. NCS000482)
Dear Mr. Randall,
CITY
_ OF
MONROE
u frerifase ofirrnsn•s5
RECEIVED
DENR•L.AND WAL.ITY
&TORMWArER P1 RMITTING
Please find enclosed one copy of the City of Monroe Comprehensive Stormwater Management
Program Report, along with an original signed NPDES Stormwater Permit application farm by
Mayor Bobby G. Kilgore
III you have any questions, feet free to contact me at (704) 282-4537 or email me at
ccostner2monroenc.org.
Sincerely,
&�f S17T—
Chris Costner, P.I.
Stormwater Supervisor
Enclosures
cc: file
NPDES STORMWATER PERMIT RENEWAL APPLICATION FORM
This application form is for use by Local Governments seeking NPDES stormwater permit coverage for
Regulated Public Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A
complete application package includes this form and one copy of a Narrative of The Stormwater
Management Program. The required Narrative of The Stormwater Management Program is described
in Section VII of this form.
I. NAME OF LOCAL GOVERNMENT, PERMIT NUMBER, AND EXPIRATION DATE
Name of Local Government
City of Monroe
Permit Number
NCS000482
RECEIVED
Expiration Date
November 30, 2016 1:!AY t 3 2016
01-:N':�LAND QUAUTY
II. CO -PERMIT APPLICATION STATUS INFORMATIONTM4R4hlAiRFFtMi1"f;rVG
(Complete this section only if co -permitting)
a. Do you intend to co -permit
with another regulated public
❑ Yes ® No
entity?
b. If yes, name of regulated
N/A
public entity
c. If yes, have legal
agreements been finalized
❑ Yes ❑ No
between the co- ermittees?
III. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT
OBLIGATIONS (If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more
❑ Yes ® No
of your permit obligations?
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will
implement
• Contact Person
• Contact Address
• Contact Telephone
Number
c. Are legal agreements in
place to establish
❑ Yes ❑ No
responsibilities?
Page 1
SWU-264 June 17, 2015
NPDES RPE Stormwater Permit Application
IV. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member.
This delegation must name a specific person, their title/position. Documentation of board action
delegating permit authority to this person/position must be provided.
a. Name of person to which permit
authority has been delegated
b. Title/position of person above
V. SIGNING OFFICIAL"S STATEMENT
If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section
IV above may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Bobby t Kilgore
Name
Title
Mayor
Street Address
300 West Crowell Street
PO Box
PO Box 69
City
Monroe
State
North Carolina
Zip
28111
Telephone
704-282-4502
E-Mail
bkilgore@monroenc.org
VI. LOCAL GOVERNMENT CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact Person
Chris Costner, P.E.
b.
Title
Stormwater Supervisor
c.
Street Address
300 West Crowell Street
d.
PO Box
PO Box 69
e.
City
Monroe
f.
State
North Carolina
g.
Zip
28111
h.
Telephone Number
704-282-4537
j.
E-Mail Address
ccostner@monroenc.org
Page 2
SWU-264 June 17, 2015
NPDES RPE Stormwater Permit Application
VII. NARRATIVE STORMWATER MANAGEMENT PROGRAM
Attach one copy of a narrative describing the stormwater management program. The report must
be presented in the following order.
1. Population and Estimated Growth Rate
2. Jurisdictional Area
3. Describe Stormwater Conveyance System
4. Estimated Land Use
5. Identify the Receiving Streams
6. Identify TMDLs (if applicable)
7. Identify impaired streams, likely sources, and existing programs that address the impairment
(if applicable)
8. List any existing water quality programs
9. Identify and describe any partnerships and/or inter -local agreements
10. Describe any state programs
11. Identify any other entity that the regulated public entity relies on to implement or manage its
stormwater program.
12. Identify points of contacts
13. Describe the public education and outreach program
14. Describe the public involvement and participation program.
15. Describe the Illicit Discharge Detection and Elimination Program.
16. Describe the post -construction stormwater program
17. Describe practices to inspect and maintain municipally -owned facilities
18. Describe practices to inspect and maintain structural stormwater control devices
19. Describe practices to reduce polluted stormwater runoff from municipally -owned streets,
roads, and public parking lots, piped and vegetative conveyances, manholes, cleanouts, drop
inlets, and drainage structures.
20. Describe any training programs for municipal staff.
21. Describe spill response procedures for those at Municipally Owned and/or Operated Facilities
as well as those in the public right-of-way.
Page 3
SWU-264 June 17, 2015
CITY
OF
M(^1101;
d herihist. „f lrrogress
City of Monroe, North Carolina
Comprehensive S'tormwater Management
Program Report
Prepared By:
The City of Monroe Engineering Department
October 2011
Review and Updates. -
December 2013
December 2014
April 2016
Table of Contents
Ptiu
1. Storm Sewer System Information.................................................................................... 4
1.1 Population Served.............................................................................................. 4
1.2 Growth Rate..................................................................................................... 4
1.3 Jurisdictional and MS4 Service Area........................................................................ 4
1.4 MS4 Conveyance System..................................................................................... 4
1.5 Land Use Composition Elements............................................................................ 4
1.6 TMDL, Identification.............................................................1.1.......................1.1. 4
2. Receiving Streams .................................... ................ 5
.....................................................
3. Existing Water Quality Programs..................................................................................... 7
3.1 Local Programs.................................................................................................. 7
3.2 State Programs.................................................................................................. 7
4. Permitting Information.................................................................................................. 8
4.1 Responsible Party Contact List...............................................................................
8
42 Organizational Chart............................................................................................
11
4.3 Signing Official..................................................................................................
12
5. Co -Permitting Information.............................................................................................
12
6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations ......................
12
7. Stormwater Program Management Plan............................................................................
12
7.1 Public I-ducation and Outreach on Storm Water Impacts .................................................
12
7.1.1 BMP Summary Table................................................................................
12
7.1.2 'Target Audience......................................................................................
13
7.1.3 Target Pollutant Sources................................................................ ...........
13
7.1.4 Outreach Program....................................................................................
13
7.1.5 Evaluation.............................................................................................
13
7.2 Public Involvement and Outreach ......................
7.2.1 BMP Summary Table...............................................................................
13
7.2.2 Target Audience......................................................................................
14
7.2.3 Participation Program...............................................................................
14
7.2.4 Evaluation.............................................................................................
14
7.3 Illicit Discharge Detection and Elimination.................................................................
14
7.3.1 BMP Summary Table................................................................................
14
7.3.2 Storm Sewer System Map..........................................................................
14
7.3.3 Regulatory Mechanism..............................................................................
14
7.3.4 Enlorcernent..........................................................................................
15
7.3.5 Detection and Elimination...........................................................................
15
7.3.5.1 Procedures for Locating Priority Areas ..................................................
15
7.3.5.2 Procedure far"Tracing the Source of the Illicit Discharge ...........................
15
7.3.5.3 Procedures for Removing the Source of the Illicit Connection .....................
16
7.3.5.4 Procedures for Evaluation of Illicit Connection and Discharge Component ......
16
7.3.6 [Von Stormwater Discharges........................................................................
16
7.3.7 Outreach...............................................................................................
17
2
7.3.8
Staff Training.........................................................................................
17
7.3.9
Evaluation.............................................................................................
17
7A
Construction
Site Stormwater Runoff Control..............................................................
17
7.4.1
I3MP Summary Table................................................................................
17
7.4.2
Regulatory Mechanism....•.........................................................................
17
7.4.3
Plan Reviews ................................. ............. ........ .................... I...... .... .....
17
7.4.4
Enforcement...........................................................................................
17
7.4.5
Inspections..................................................................................
7.4.6
Public Information....................................................................................
18
7.4.7
Evaluation.............................................................................................
18
7.5
Post -Development Stormwater Management in New Development and Redevelopment ............
18
7.5.7
13MP Summary Table...............................................................................
18
7.5.8
Non -Structural BMP's..............................................................................
18
7.5.9
Structural BMP's.....................................................................................
19
7.5.10
Regulatory Mechanism....................................................................... ......
19
7.5.1 1
Operation and Maintenance.........................................................................
19
7.5.12
Natural Resource Protection........................................................................
19
7.5.13
Open Space Protection..............................................................................
19
7.5.14
'free Preservation....................................................................................
19
7.5.15
Development in Areas with Existing Infrastructure .............................................
20
7.5.16
Mixed -Use Development............................................................................
20
7.5.17
Street Design...........................................................................................
20
7.5.18
Reduce Parking Requirements............................................................I......1.,
20
7.5.19
Minimizing Stormwater from Parking Lot ........................................................
20
7.520
Green Infrastructure Practices......................................................................
20
7.5.21
Evaluation.............................................................................................
20
7.6
Pollution Prevention 1 Good Housekeeping for Municipal Operations ..................................
20
7.6.1
13MP Summary'I'able...............................................................................
20
7.6.2
Affected Operations............................................................. .....................
21
7.6.3
Training................................................................................................
23
7.6.4
Maintenance and Inspections........................................................................
23
7.6.5
Vehicular Operations................................................................................
23
7.6.6
Waste Disposal ...................
23
7.6.7
Flood Management Projects........................................................................
23
7.6.8
Existing Ordinances.................................................................................
24
7.6.9
Evaluation............................................................................................
24
8.0
Contract Operations..............................................................................................
24
Appendix A — BMP Summary 'fable....................................................................................... 25
Appendix E3 — Erosion and Sedimentation Control....................................................................... 31
Appendix C — Stormwater Management Ordinance....................................................................... 32
Appendix D — Sanitary Sewer Connections................................................................................33
Appendix E — Spill Response Procedure................................................................................... 34
3
City of Monroe
Stormwater Management Program Report
1. Storm Sewer System Information
1.1 Population Served
Permanent Population: 33,955
Seasonal: 0
Basis of Information: NC Office of Budget and Management
1.2 Growth Rate: 3.5% Annual
1.3 ,Jurisdictional and MS4 Service Areas
Municipal: 29.63 square miles
Extraterritorial .furisdiction: 8.0 f square miles
1.4 MS4 Conveyance System: The City of Monroe Stormwater System consists of a
combination of piping, ditches, and sheet flow. Within the City of Monroe are located
two water supply watersheds feeding two lakes — Lake Lee, classified as it WS-IV
watershed, and Lake Twitty, classified as a WS-III watershed. The City of Monroe's
Stormwater Management Ordinance requires structural BMP's on all new development
and redevelopment sites to control the stormwater discharge quality and quantity
leaving the site.
1.5 Land Use Composition Estimates:
Residential:
40%
Commercial:
35%
Industrial:
10%
Open Space:
15%
1.6 TMDL Identification:
No "I'MDl, allocation presently exists for any streams within the City of Monroe.
(aside from the statewide TMDL for Mercury)
4
2. Receiving Streams
- Primary Streams "liable 1.
Water
*Use
IR
Receiving Stream
Stream Segment '
Quality
Support
Water Quality
category
Name
Classific
Rating
Issues
(2012)
ation
Yadkht River Bashi
Richardson Creek
13-17-36-(3.5)
WS IV;
Chlorophyll a (40
(Lake Lee)
Entire Reservoir
CA
1
pg11, AL, NC)
5
106.4 FW Acres
13-17-36-(5)a 1 a
Richardson Creek
From Monroe Water Supply Dam
C
I
Benthos Fair (NAR,
5
(Lake Lee) to Stewarts Creek
Al, FW)
6.4 FW Miles C
13-17-36-4-(2)
Chlorophyll a (40
Richardson Creek
From a point 0.6 mile upstream of
WS-IV;
I
pg/I, AL, NC)
5
(Lake Monroe)
Buck Creek to Richardson Creek
CA
38.7 FW Acres
13-17-36-4-(0.)
Chlorophyll a (40
Richardson Creek
From source to a point 0.6 mile
WS-IV
l
pg/l, AL, NC)
5
(Lake Monroe)
upstream of Buck Branch
77.1 FW Acres
13-17-20-2a
Benthos floor (Nar,
South Fork
From source to SR 1515
C
I
AL, FW)
5
Crooked Creek
5.6
Fish Community Fair
5
I-W Miles
Nar. A1, FW
l 3-17-36-9-(1)
From source to a point 0.4 mile
Stewarts Creek
downstream of mouth o1' Stumplick
WS-III
I
Benthos Fair (NAR,
5
Branch
AL, FW)
8.3 FW Miles
13-17-36-9-(4.5)
From a point 0.4 mile downstream of
Chlorophyll a (40
Stewarts Creek
'I'witty)
mouth of Stumplick Brand to Union
WS-III;
I
µg/l, AL, NC)
5
(Lake
County SR 1681 (City of Monroe
CA
Intake supply)
131.1 FW acres
13-17-36-6
Bearskin Creek
Source to Richardson
C
ND
9.7 miles
Florsepen Branch
13-17-36-6-1
C
ND
Camp Branch
13-17-36-6-2
C
ND
Dry Fork
13-17-36-6-3
C
ND
Fast Fork Stewarts
13-17-36-9-2
WS-111
ND
Creek
Lick Branch
13-17-36-9-3
WS-III
ND
Stumplick Branch
T-13-17-36-9-4
WS-Ili
ND
Calawha River Bmvirr
Fast Fork — 12 Mile
Unknown
C
ND
Crcek ,Tributary 3
East Fork — 12 Mile
Unknown
C
ND
Creek, Tributary 5
* Nlt = Not Rated
* ND = Not Determined
* 1 = Impaired, Category 5
** not within City Limits
3a Not Rated Parameter assessment is Not Rated due to insufficient or inconclusive data.
4t Impaired Parameter assessment is impaired and there is an approved TMDL for the parameter
Exceeding Criteria, approved TMDL for assessed parameter
5 Impaired Parameter assessment is impaired and a TMDL development is required for the parameter
Exceeding Criteria, no approved TMDL in place for assessed parameter
6
3. Existing Water Quality Programs
3.1 Local Programs
3.1(a) Stormwater Management Ordinance
The City of Monroe administers a Stormwater Management Ordinance to control
stormwater pollutants as well as increased stormwater volume and velocity from new
development and redevelopment sites so that water quality is protected and downstream
flooding is reduced. The ordinance requires a Best Management Practice (BMP) for
all development and redevelopment within the corporate limits or in the extraterritorial
jurisdictions within the City of Monroe. Zoning requirements also require buffers
along designated streams to help retain stream water quality along developing sites.
3.1(b) Erosion and Sedimentation Control Program
The City of.'Monroe was delegated the responsibility of administering its own Erosion
and Sedimentation Control Program in June 2002. The policy parallels the State of
North Carolina requirements with some modifications which include a maximum of
12,000 s.f. of' disturbed area without a grading permit. 'fhe City of Monroe enforces
the program through an inspection and plan review process, as well as issuing fines and
citations for violations.
3.1(c) Stormwater System Repair Program
The City of Monroe offers private citizens the opportunity to correct or repair problem
areas on private properly due to public runoff. The City provides the necessary labor,
equipment, and repair materials to qualifying projects.
3.2 State Programs
3.2(a) Best Management Practices
Best Management Practices required for post -construction related sites follow the
requirements of the N.C. Department of Environment and Natural Resources, Division
of Energy, Mineral and Land Resources — Land Quality Section.
3.2(b) Clean Water Act of 1977
The City of' Monroe, in accordance with the Clean Water Act of 1977, requires
Developers/Contractors to acquire Section 401 permits for various activities related to
stream and wetland water quality.
4. Permitting Information
4.1 Responsible Party Contact List
BMP and Measurable
Contact
Position Phone 4
Fax #
Email Address
Goals
Person
Public Education and Outreach
1
Distribute brochures to groups and
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridae@monroenc.org
citizens
2
Classroom presentation
Carol Hambridge
NPDES Coordinator
(704)282-4535
(704) 282-4735
chambridge c ntonroenc.org
3
Maintain City ormatwith
Deanna O'Neill
Engineering Tech. II
(704) 282-4539
(704) 282-4735
doneill a monroenc.org
Stormwater information
--
4
Work with Regional Stormwater
Partnership
Chris Costner
Stormwater Supervisor
(704) 282-4537
(704) 282-4735
ccostner c ,monroenc.org
Public Involvement and Participation
1
Conduct a Public meeting on the
Jim Loyd
Director of
(704) 282-4529
(704) 282-4T5
ilovd cr monroenc.orQ
Stormwater Management Plan
En ineerin
Organize and Administer a Public
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridgenmonroenc.org
Involvement Program
3
Promote and Maintain Stormwater
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridgeamonroenc.or;
Hotline
Illicit Discharge and Elimination
Train and coordinate with other
1
departments to report illicit
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge(a)monroenc.org
connections
Prepare and distribute brochures
2
to the public educating them on i
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge rn_r.monroenc.orQ
illicit connections
Provide for public involvement to
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge@rnonroenc.ory
report illicit connections
4
Identifi person to follow-up
p p on
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge2c rnonroenc.org
reports
Develop and implement an Illicit
Stormwater
5
Discharge and Elimination
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner u.monroenc.org
Program
6
Maintain and update the ma of
p
Chris Costner
Stormwater
(704) 282- 4537
(704) 282-4735
ccostner a,monroenc.on4
Stormwater Outtfalls
Supervisor
Track and document the
7
investigation and enforcement of
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge a,monroenc.or�
illicit discharges
Construction Site Stormwater Runoff Control
Sites will comply with City of
Stormwater & Land
I
Monroe Erosion Control Ordinance
Don Kell-
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
Engineer
Stormwater R Land
2
Pre -construction Meeting
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkellynmonroenc.org
Engineer
Stowater R Land
3
Monthly Site Inspection
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly e4monroenc.org
Engineer
Post Construction Site Runo Controls
New Development and
Redevelopment sites will abide by
Stormwater
I
the City of Monroe Stormwater
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@..monroenc.org
Management Ordinance and 15A
NCAC 2H.1000
Review annual inspection reports
Stormwater
2
from owners of Stormwater
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@..monroenc.ora
facilities
Stormwater & Land
4
Buffers along Streams
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkellyOmmonroenc.org
Engineer
5
Enforcement
Chris Costner
Stormwater
Supervisor
(704) 282-4537
(704) 282-4735
ccostner(amonroenc.org
Pollution Prevention /Good Housekee in for Municipal O eratio/is
I
Maintain inventory of Municipal
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge u,monroenc.org
owned or operated facilities.
Supervise implementation and
2
updating of Stormwater Pollution
Prevention Plans at City owned
Carol E[ambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridgenmonroenc.org
municipal operations
BMPs to reduce polluted runoff
Interim Streets
4
from Streets, Roads, and Public
"Terrell Jackson
Supervisor
(704) 282-4553
Odeaton c .monroenc.org
parking lot maintenance
O&M for municipal owned or
Interim Streets
5
maintained catch basins and
Terrell Jackson
Supervisor
(704) 282-4553
Odeatong.monroenc.org
convevance systems
Maintain list of municipal owned
Stormwater
6
or maintained structural
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccosmernmonroenc.org
stormwater controls (BMPs)
7
Pesticide, Herbicide and fertilizer
application management
Distribute pollution prevention
8
training materials for public
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridgefa monroenc.or6
facilities
Provide training for those
employees who maintain the
9
public facilities on proper disposal
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge0monroenc.org
procedures and inspection of
public facilities
Prevent or minimize
10
contamination of stormwater
Carol Hambrid e
NPDES Coordinator
704
( ) 282-4535
(704) 282-4735
chambridge rr monroenc.or6
runoff form areas used for vehicle
and equipment cleaning
Evaluate spill response program
1 t
and determine effectiveness on
Carol Hambridge
NPDES Coordinator
(704) 282-4535
(704) 282-4735
chambridge n,monroenc.org
minimizing impacts on
stormwater quality
I
4.2 Organizational Chart:
City Clerk
Bridgette Robinson
Assistant City Manager /
Mayor City Manager Director of Downtown
City Council Larry Faison HBrian Borne
City Attorney
Mujeeb Shah -Khan
Director
Bruce Bounds
Water Resources Director
Russel Colbath
Parks and Recreation
Director
Tonga Edwards
Planning and Develp meet
Director
Lisa Stiwinter
Human Resources Director
Debra Chestnut Reed
Engineering Director
Jim Loyd
Police Chief Ilnteriml
Bryan Gilliard
Fire Chief
Ron Fowler
--J
Energy Services Director
Don Mitchell
Economic Development and
Aviation Director
Chris Plate
Communications and
Tourism Officer
Pete Hovanec
Finance Director
Lisa Stickland
Downtown Monroe
Director
Brian Borne
Stormwater Supervisor
Chris Costner
NPDES Coordinator
Carol Nambridge
Stormwater and Land
Stormwater Engineering
Development Engineer
Technician 11
Don Kelly
Jimmy Jenkins
Civil Engineer I
Tonya Griffin
Engineering Technician II
Deanna O'Neill
Erosion Control Inspector
Chad Splawn
Street Infrastructure
Engineer
Sarah McAllister
Interim Street Division Stormwater Crew Leader
Superintendent
Terrell Jackson H
Johnny McManus
Equipment Operator 11
Scott Jones
Equipment Operator I
Robert Stegail
Construction Maintenance
Worker II
Tony Vicenta
Construction Maintenance
Worker II
Cody Kiker
Construction Maintenance
Worker II
Levi Adams
Street Sweeper - Operator I
Ron Cureton
Lloyd Cabbell
4.3 Signing Official:
Ranking; Elected Official: Mayor
Name: Bobby G. Kilgore
The City Charter of the City of Monroe designates the Mayor as the official
head of the City government.
4.4 Duly Authorized Representative:
NIA
5. Co -Permitting Information (if applicable)
NIA
G. Reliance on Other Government Entity to Satisfy One or More Permit Obligations
None
7. Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
7.1.0 Goals and Objectives 2014 - 2015
1.) Continue to focus on Education of the youth through school
programs
2.) Provide educational materials to high priority commercial
establishments
a. Outdoor washing 1 vehicle maintenance and body shops
b. Restaurants
3.) Education and inspect local industries to promote Stormwater
pollution prevention BMPs and permit compliance
7.1.1 RMP Summary Table (See Appendix A for Further Information)
1.) Distribute brochures to groups and citizens at various events
including neighborhood meetings and public events
2.) Present storm water information to students and teachers
3.) Maintain City website with stormwater information
4.) Continue to work with IDEAS Center at UNC Charlotte and
Regional Stormwater Partnership to promote good stormwater
practices at both the local and regional levels.
12
7. f .2 Target Audience: `hhe target audience for this measure will be the
general public ranging from homeowners to students to business
owners. The Spanish-speaking and other non-langlish speaking;
communities will be included as well.
7.1.3 Target Pollutant Sources:
1.) Oils and Greases: PetrOle1.1111 products can suflocatc living;
organisms and cause harmful secondary chemical compounds, as
well as clog sewer lines and harm equipment.
2.) Trash: Trash can clog sewer lines and cause hazardous water
blockages.
3.) Sediment: Sediment can clog storm pipes and suffocate wildlife in
the creeks and streams by invading the gills of fish and destroying
habitat areas.
4.) Herbicides/Pesticides: Specific chemicals are toxic to different
species of wildlife and plant life. Runoff into the storm system can
carry these chemicals into the streams and creeks.
5.) Nutrients: Excess nutrient can cause algae and bacteria blooms in
our lakes and streams. Algae will consume oxygen, increase
turbidity in the water body and eventually die along with the fish
and other aquatic life that need oxygen to live. In addition, excess
nutrient can lead to taste and odor in the drinking water.
7.1.4 Outreach Program: Information concerning public education will be
distributed at neighborhood meetings, classroom presentations, public
events, by word-of=mouth, fliers, brochures and the City's website.
The number of citizens reached by these methods is expected to be in
the order of' 1,000 people at neighborhood meetings and public events
and 15,000 people with utility billing.
7.1.5 Evaluation: A count of the number of people that attend educational
events of the effectiveness of the program. In addition, positive
response from the general public includes citizens.
7.2 Public Involvement and Participation
7.2.1 BMP Summary Table (See Appendix A for Further Information)
1.) Conduct a Public Meeting on initial the Stormwater Management
Plan
13
3.) Maintain and promote the stormwater Hotline
4.) Coordinate volunteer community involvement programs
a. Storm Drain Marking
b. Adopt -A -Stream Program
c. Volunteer Water Quality Monitoring
7.2.2. Target Audience: The general public will be the target audience.
Civic groups will be encouraged to participate, as well as any other
concerned citizens group. -
7.2.3 Participation Program: A public meeting will be held by the
nvironmental and Water Resource Committee to allow the general
public to comment on the Stormwater Management Plan and the
associated program. Civic and neighborhood group members will be
encouraged to volunteer to participate. They will also be encouraged
to get involved in the various volunteer programs.
7.2.4 Evaluation: Attendance and involvement in various stormwater
events and volunteer programs will gauge the effectiveness ofthe
measure.
7.3 Illicit Discharge Detection and Elimination
7.3.1 13MP Summary Table (See Appendix A for Furthcr Information)
1.) Train and coordinate with other departments to report illicit
connections.
2.) Continue to distribute brochures to the public educating them on
illicit connections.
3.) Continue to provide for public involvement to report illicit
connections.
4.) Develop and implement a program to conduct dry weather flow
Illicit Discharge detection program.
7.3.2 Storm Sewer System Map: The City of Monroe currently has maps
depicting the location of storm sewer system pipes and appurtenances
in a GIS format. The maps also indicate creek and stream names. The
maps were developed utilizing a GPS surveying system. As new
systems are added or existing systems are amended. the map will be
updated utilizing the GPS surveying system.
7.3.3 Regulatory Mechanism and Annual Review: The City of' Monroe
will continue to use the existing Section 159-701 Illicit Discharges and
Connections of the Stormwater Management ordinance that addresses
cross connections and discharges into the stormwater system.
14
An annual review of the current IDDE regulatory mechanisms is
tabulated below:
Date of review Comments
December 2014 Current mechanism is sufficient
7.3.4 Enforcement: The Section 159-701 Illicit Discharges and
Connections of the Stormwater Management ordinance makes it a
violation to cause or allow the discharge, emission, disposal, pouring,
pumping, or connect directly or indirectly to any stormwater
conveyance, the waters of the State, or upon the land in any manner
for purposes ol'discharging anything other than stormwater runoff into
the system. The language in the ordinance contains, as a minimum,
that a notification will be issued to the owner outlining the procedures
for remediation and consequences for non-compliance.
7.3.5 Detection and Elimination: The City will continue to use existing;
City personnel, citizens and civic groups to detect illegal discharges
and connections to stormwater conveyance systems through the Illicit
Discharges and Connections program. `I'hc City is developing and
implementing an Illicit Discharge Detection and Elimination (IDDE)
Program. The program is based on an Outfall Reconnaissance
program and will be implemented along; Stewarts Creek initially.
7.3.5.1 Procedures for Locating Priority Areas: Those areas
where parcels are not yet connected to public sewer and depend upon
septic systems will be examined on maps. See file:
..\Six Measures\Illicit ❑ischarue\Water with no Sewer possible septic
tanks sites.xls
Inspection ofolder existing sanitary sewer lines by the Water
Resources Department will help identify those areas where a potential
for cross contamination could occur. The public at large is provided
the ability to report illicit connections. Employees are trained in the
use of detection methods.
Priority areas will be identified based on the dry weather inspections
conducted as part of the IDDE program and per Hotline and the Union
County Health Department.
7.3.5.2 Procedures for Tracing the Source of the illicit
Discharge: The City will use various methods to trace the source of
IE
the illicit discharge including but not limited to visual inspection, field
screening, and TV the stormwater system as required.
7.3.5.3 Procedures for Removing the Source of the Illicit
Discharge: The Illicit Discharges and Connections ordinance gives
the City the authority to remove illegal connections and discharges.
City employees are given the authority to enter upon private property
For purposes of inspection and empowered to issue fines and Notice of
Violations.
7.3.5.4 Procedures for Evaluation of Illicit Connection and
Discharge Component: An annual review of the illicit connection
detection program by City staff will gauge its effectiveness. The
effectiveness will be measured by comparing the number and type of
illicit connection identified and corrected during the reporting period.
7.3.6 Non Stormwater Discharges:
Activity_Allowed
Not Allowed
Water Line Sampling and Flushing
X
Landscape Irrigation
X
Diverted Stream Flows
X
Rising Ground Water
X
Uncontaminated Ground Water Infiltration *
X
Uncontaminated pumped ground water
X
Discharges from Potable Water Sources
X
Foundation Drains
X
Air Conditioning Condensation
X
Irrigation Water **
X
Springs
X
Water from Crawlspace Pumps
X
Footing Drains
X
Lawn Watering
X
Individual Residential & Charity Car Washing
X
Flows from Riparian Habitats & Wetlands
X
Dechlorinated Swimming Pool Discharges
X
Street Wash Water
X
Flows from Emergency Fire Fighting
X
* As defined at 40 CFR 535.2005(20)
** Does not include reclaimed water as defined at 15A NCAC 21-t .0200
16
7.3.7 Outreach: The public will be notified through the Public Education
and Outreach Program about the hazards and potential effects of illegal
connections. Internal training programs for City employees will be
presented via the Pollution Prevention / Good Housekeeping Program.
7.3.8 Staff Training: Internal training programs for City employees will be
presented via the Pollution Prevention / Good Housekeeping Program.
As part of the internal training program, City employees will be
informed on what City Department to call to report any illicit
discharge or connection.
7.39 Evaluation: Measurement of the success of this program will be
defined by the quality and quantity of the stormwater at the outfalls. A
secondary measurement will be the number of illicit connections
discovered and removed.
7.4 Construction Site Stormwater Runoff Control
7.4.1 BMl' Summary Table: See Appendix A.
7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, Titic
XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a
grading permit is required for sites disturbing an area equal to 12,000
s.f. or more. The City of Monroe was delegated in June 2002 to
review and enforce its own Sedimentation and Erosion Control
Program. Copies are attached in Appendix B.
7.4.3 flan Reviews: A grading plan for the site is prepared by a qualified
professional and presented to the City of Monroe for review oferosion
control measures. Site plans are also given to the Planning and
Development Department for review of required natural buffers along
streams, if applicable. Nonresidential sites disturbing 12,000 s.f. or
more of area are required to obtain a grading permit. While residential
sites disturbing one acre or more are required to obtain a grading
permit. Single -#amity lot disturbing less than 1 acre must submit a
Maintenance Agreement. Non-residential sites disturbing less than
12,000 sf must submit a non-residential Installation and Maintenance
Agreement.
7.4.4 Enforcement: The current Erosion and Sedimentation Control
Ordinance provides for penalties to be assessed when site inspections
reveal violations. If a site is in violation, a Notice of Violation is sent
to the responsible party explaining the violation, which contains a
remedy date by which corrections are to be made, and a warning that
failure to comply can result in civil or criminal penalties.
17
7.4.5 inspections: Construction sites are inspected as required. Those sites
disturbing; the greatest area and could pose a threat to adjoining
streams and creeks are inspected first and more often. Commercial
sites are inspected at least once per month or more frequently
depending; upon site deficiencies and rainfall events. Items are
inspected as presented on the approved erosion control plan and, if
needed, revision may be required to the approved plans and initiation
ofthe revision for compliance.
7.4.6 Public Information: The Erosion and Sedimentation Control
Ordinance was presented to City Council for approval and open to
public discussion. As new amendments are made, the public will have
the opportunity to comment.
7.4.7 Evaluation: The success offthis program will be measured by the
number of projects with sediment leaving the construction sites and the
number of� Notice of Violation (N.O. V.) issued and fines levied.
7.5 Post -Construction Site Runoff Controls
7.5.1 A copy of the City of Monroe Stormwater Management Ordinance is
attached. See Appendix C.
7.5.2 Maintenance requirements of the 13MP's are included in the
Stormwater Management Ordinance. See Appendix C.
7.5.3 The City of Monroe owns and maintains its own wastewater collection
system with non-sewered areas served by septic systems, as per City of'
Monroe Ordinance Title V, Chap. 52, § 52.010. See Appendix D.
7.5.4 No surface waters within the City of Monroe drain into SA waters.
7.5.5 No surface waters within the City of Monroe drain into "1R waters.
7.5.6 No surface waters within the City of Monroe drain into Nutrient
Sensitive waters.
7.5.7 13MP Summary Table: See Appendix A.
7.5.8 Non -Structural BMP's:
7.5.8.1 Zoning Ordinances for land development requires that
proper vegetative buffers be placed or existing; ones be maintained,
along designated streams. Other measures include requirements for
18
open space and landscaped areas in commercial and multi -family
projects.
7.5.8.2 Interconnectivity of impervious surfaces is discouraged by
requiring internal landscaped areas within project sites.
7.5.8.3 Conduct developer/contractor forums to address concerns
with construction, inspection and long term maintenance of structural
best management practices.
7.59 Structural BMP's:
7.5.9.1 Current water quality practices allow the use of wet
detention ponds, in addition to those contained in the "Stormwater
Best Management Practices" manual by the N.C. Department of
I'nergy, Mineral and Land Resources, Land Quality Section,
7.5.10 Regulatory Mechanism: In October 2007, the City of Monroc
adopted a Stormwater Management ordinance that addresses post -
construction runoff from new development and redevelopment,
Attached is a copy of the City of Monroe Stormwater Management
Ordinance. See Appendix B.
7.5.1 1 Operation and Maintenance: Permitted 13MP's will be inspected
annually by the owner and / or his representative and a report prepared
by a qualified professional shall be submitted to the City of Monroe
I'-ngineering Department.
7.5.12 Natural Resource Protection: Land Development Plan requires a
50-foot undisturbed buffer along all perennial and intermittent stream
in conditional districts and a 35400t undisturbed buffer along all other
perennial and intermittent stream.
7.5.13 Open Space Protection: Zoning Ordinances for land development
requires that12.5% of the gross area of the development tract be
dedicated to open space.
7.5.14 'Tree Preservation:
7.5.14.1 Section 156.221 Tree Preservation in the Zoning
Ordinances for land development requires that deciduous and
evergreen trees be preserved to the greatest extent possible.
7.5.14.2 Section 156.221 "free Preservation in the Zoning
Ordinances for land development requires that a tree preservation plan
be submitted prior to any land disturbing activities. The tree
19
preservation ordinances include a section on tree protection and
preservation during construction.
7.5.15 Development in Areas with Existing Infrastructure: Land
Development Plan encourages industries to locate in areas already
served by adequate infrastructure, such as sewer, water, natural gas,
and roads.
7.5.16 Mixed -Use Development: Land Development Plan map and
Downtown Master Plan for the Downtown Area designate specific
areas of the city for Mixed -Use Development.
7.5.17 Street Design: The Unified Development Ordinance and I.,and
Development Plan encourage rear garages and alleys.
7.5.18 Reduced Parking Requirements: The developer/builder is to
determine the required parking spaces according to the Land
Development Plan and the Unified Development Ordinance.
7.5.19 Minimizing Stormwater From Parking Lot: The Unified
Development Ordinance requires landscaped planted areas within or
adjacent to the parking area as tree islands, at the end of'parking bays,
inside seven (7) foot pride or greater medians, or between rows of cars.
7.5.20 Green Infrastructure Practices: Stormwater Management
application and plans are required to be submitted prior to an applicant
receiving their Erosion and Sediment Control permit. In addition, a
developer/builder cannot receive their Certificate of Occupancy until
Stormwater Management requirements are met including but not
limited to stormwater maintenance agree ment(s), stormwater best
management practices as -built and post -construction checklist.
7.5.21 Evaluation: The effectiveness of this measure will be determined by
the success of obtaining a higher degree of water duality in the lakes
and streams.
7.5.21 Enforcement: Notice of violations are tracked.
7.6 Pollution Prevention 1 Good Housekeeping; for Municipal Operations
7.6.1 BMP Summary Table. See Appendix A.
1.) Distribute pollution prevention training materials to those employees
who maintain the public facilities on the principals ol'good
housekeeping and how improper maintenance can be detrimental to
the waterways.
20
2.) Provide training for those employees who maintain the storm sewer
systems with emphasis on disposal of sediments and other solids
removed from the systems.
3.} Provide training on the use of herbicides and other chemicals and how
they can enter the storm systems through improper application.
4.) Inspect street operations facility to ensure that all stored chemicals are
properly contained and any spill potential is minimized.
5.) Inform vendors with City contracts to practice good site housekeeping.
6.) Review the current spill response program for its effectiveness and
adjust accordingly.
7.) Review and evaluate the effectiveness of the street sweeping program
and adjust accordingly.
8.) Review municipality owned or operated regulated industrial activities
7.6.2 Affected Operations:
Maior Significant Facilities
Major Significant Facilities
No.
Name
Comments
1
Street Division Center
2
Parks and Recreation Maintenance facility
3
Street Operations Center & City Garage
4
Police Shooting Range
5
hire Stations
Dive stations
6
hire training center
7
Energy Service
8
Monroe Country Club and driving range
9
Water Treatment Plant
10
Monroe Aquatic and Fitness Center
11
Gasoline Fueling; Station
Minor facilities
No.
Name
Comments
1
Belk Tonawanda Park
2
Creft Park
3
Dickerson Park
4
Don Griffin Park (Jaycee Park)
5
Ellen Fitzgerald Senior Center
6
.1. Ray Shute Center
7
Old Armory Community Center
8
Parks William Complex
9
Sunset Park
10
Sutton Park
21
I 1
Winchester Center
12
Lake Lee Boathouse
13
Lake Monroe
14
Cemetery Dept, Storage
15
Sunset Cemetery
16
Hillcrest Cemetery
Parking Lots only
No.
Name
Comments
1
City Hall
2
Scott Parking Lots
3
Hotel Joffree Parking Lot
4
Church Street Parking lot (Correll & the Ban
5
Church Street Parking Lot RR Tracks)
6
Customer Service
7
Main Street Parking Lot (Belk)
8
Main Street Parking Lot (Correll)
9
Parking Lot at [Jayne & Crowell
10
Parking Lot at Franklin & Church
1 1
Parking Lot on Morgan at I-layne St
12
Monroe Housing Authority
13
Old City Hall
14
Parker and Hayne Parcel
15
Rehabilitation Transit Quarter
16
Fire / Police Station
Minor Facilities
No.
Name
Comments
1
Sewer Pump Stations
2
Electric Substations:
601 S
Camp Sutton
Cherry St.
Goldmine Road
i-late Coan Substation
Icemorlee Police Substation
Maurice St. Police Substation
Walmart Police Substation
3
Gas Facilities
Morgan Mill Road At Bearskin Creek
Unionville Indian "frail Road
4
Water Tanks:
22
Airport
Camp Sutton
Goldmine Rd.
Nelson heights
Patten Ave.
Rocky River
5
Pumping stations:
Stewart Creek
Stewart Creek
6
1 Water Transfer Station
7.6.3 Training: An employee training video will be utilized to emphasize
best management practices. Flyers and handouts, along; with the City
of'Monroe's Employee Guide to Prevent Stormwater Pollution, will be
distributed to employees emphasizing the need for good housekeeping
practices. Other government training materials will be sought out and
used. Specialty training will be provided on a case -by -case basis
through the use of seminars and other educational opportunities
through outside agencies.
7.6.4 Maintenance and Inspections: Street sweeping will constitute the
major thrust toward keeping solid debris from entering the MS4
system, along with solids collection during trash pick-up times.
Uptown streets and sidewalks are swept at least once per week, while
streets with curb and gutter are swept at least 5 times per year and all
other streets at least twice per year. Garbage is collected throughout
the City weekly, Presently, the Street Division inspects and maintains
the storm sewer system after each rainfall event and on as as -needed
basis. The City's stormwater utility program enables the stormwatcr
maintenance crews to repair private drainage systems that receive
public runoff. All tanks, valves, pumps, pipes, and other equipment
related to the distribution of water resources and energy services are
inspected and maintained on a daily or weekly basis by their respective
Department.
7.6.5 Vehicular Operations: City parking lots are swept as needed. Road
salt is stored within a covered storage facility.
7.6.6 Waste Disposal: Solids removed from the MS4 system are
transported to the Street Division Facility for pick up by the solid
waste disposal contractor. Larger loads are transported to the County
transfer station for disposal.
7.6.7 Flood Management Projects: Flood management projects are
designed with N.C. Department of' l nvironment and Natural
23
Resources requirements, as well as U.S. Army Corps of Engineers
requirements.
7.6.8 Existing Ordinances: The following City ordinances were identified
as having impacts on water duality:
1.) Title XV, § 158.05 — I -Erosion and Sedimentation Control
2.) Title V1I, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt,
Garbage, Liquids, Trash; and Other Objectionable Material
3.) Title IX, Public Health Nuisances
4.) Title V, Chapter 55 — Solid Waste
5.) Title V, Chapter 52 — Waste Water
6.) Title V, Chapter 53 — Water Distribution System
7.6.9 Evaluation: The success of this measure will be evaluated through
the responsiveness of the employees to new f3MP's_ Documentation
of activities related to housekeeping practices will measure the extent
of the program.
8. Contract Operations
Contract operations including but not limited to solid waste pickup, pesticide
applications, construction contracts include language in the agreement requiring
contractors and subcontractors to meet all Applicable laws. Formal contract
agreements are kept on file in the City Clerk's office with the respective department
responsible for record retention of all informal agreements.
24
I. BMP's and Measurable Goals for Public Education and Outreach
BMP
Measurable Coals
Responsible Position
Brochures will also be available at city hall. In addition,
l
Distribute brochures to
brochures will be available at neighborhood meetings
NI DES Coordinator
groups and citizens
and city events. The number published and distributed
will be recorded.
Students and teachers will be presented the impacts of
2
Classroom presentation
stormwater pollution and what can be done to reduce
Nl'DES Coordinator
impacts. Number of students and teachers presented the
information will be tracked.
Maintain the City website to include information on
stormwater related issues, phone numbers to use for
3
Maintain the City website
incident reporting and current stormwater activities
NPDES Coordinator
taking place. A counter will be used to track the number
of request or hits.
IDhAS Center at UNC
Continue to work with IDEAS Center at UNC
4
Charlotte -- Regional
Charlotte and the Regional Stormwater Partnership to
Stormwater Supervisor
Stormwater Partnership
promote good stormwater practices at both the local and
regional level.
2. Public Involvement and Outreach
BM1'
Measurable Goals
Responsible Position
Conduct a Public Meeting
Provide public an opportunity to comment on the
on the Stormwater
Stornnvater Management Program
Engineering Director
Mana Bement Program
Stormwater Management
Utilize the Stormwater Management Advisory
2
Advisory Committee and
Committee and Environmental and Water Resource
City Council
Environmental and water
Committee for input on stormwater issues and the
Resource Committee
stormwater management progLarn.
Continue to provide an opportunity for civic and
volunteer group to participate in the Storm Drain
Marker program.
Continue to administer the
3
Public Involvement and
Promote the Adopt -A -Stream program and coordinate
NPDES Coordinator
Participation Program(s)
creek clean-ups.
Develop and coordinate a local Volunteer Water
Monitoring Program
4
Promote and Maintain
Promote and maintain Stormwater Hotline for public
NPDES Coordinator
Stormwater Hotline
input and reporting.
26
3. Illicit Discharge Detection and Elimination
[IMP
Measurable Goals
Responsible Position
Train and coordinate with
Distribute information to other City departments
1
other departments to report
outlining the methods used to detect and identify illicit
NPDIS Coordinator
illicit connections
connections
Distribute brochures to the
Notification to the public via brochures outlining illicit
2
public to educate them on
connections. A count of the quantity sent out will
NPDES Coordinator
illicit connections
indicate the BMP's effectiveness.
Provide for public
Continue to provide the public with a means of
3
invoivement to report illicit
reporting illicit connections or illegal dumping activities
NPDES Coordinator
connections
via telephone and/or the city web a c
4
Identify person to follow-
Continue to provide an annual report outlining the
NI'DFS Coordinator
up on reports
amount ofreported and identified illicit connections
Develop and implement an
Develop a program to inspect outfalls, and identify and
5
Illicit Discharge and
eliminate Illicit Discharges.
Stormwater Supervisor
Elimination program
4. Construction Site Stormwater Runoff Control
BMP
Measurable Coals
Responsible Position
Sites will comply with the
Require construction site operators to implement
i
City of Monroe Erosion and
erosion and sediment controls at construction sites and
Stormwater & Land
Sedimentation Control
provides actions to ensure compliance.
J
pevelopmcnt 1=nginecr
Ordinance
A Pre -Construction meeting
A Pre -Construction meeting will be held with City staff
Stormwater & Land
2
will be held for each site
and Financial Responsible person and/or their
Development Fngineer
J
re �resentative(s)
A monthly site inspection will be held with City's
Stormwater & Land
3
Monthly Site Inspection
Erosion Control Specialist and Financial Responsible
Development Engineer
erson and/ortheir representative(s)
27
5. Post Construction Stormwater Management in New Development and Redevelopment
13MP
Measurable Coals
Responsible Position
New developed and
redeveloped sites will abide
All new developed and redeveloped sites must meet
by the City's Stormwater
City Stormwater Management Ordinance requirements
Slorrnwater Supervisor
Management ordinance and
for water duality and quantity
15A NCAC 21-1.1000
Ensure property owner(s)
Maintain an inventory of BMPs. Review annual
2
are maintaining the
Stormwater Facilities on
inspection report submitted from owners of stormwater
Stormwater Supervisor
their site
facilities
Assist Water Resources Department and Planning and
Stormwater Land
3
Stream Bnflers
Development with ensuring that buffers are protected
Developmentt Engineer
alon g all erennial and intermittent streams
4
l nforcerncnt
ISSLIc and tracking of•Notice of Violations
Stormwater Supervisor
28
(. Pollution Prevention / Good Housekeeping for Municipal Operations
l3MP
Measurable Goals
Responsible Position
Maintain inventory of
Review and update the list of municipal facilities on an
Municipal owned or
annual basis.
NI DES Coordinator
operated facilities.
Review of munici alit y
}
Conduct annual review ofthe industrial activities with a
owned or operated
Phase I N ["DES stormwatcr permit owned and operated
regulated industrial
by the permittee. Review the following aspects: the
2
activities, and development
Stormwater PO]ILItion Prevention Plan where one is
NPDES Coordinator
of Storn»vater Pollution
required, the timeliness of any monitoring reports
Prevention Plans.
required by the Phase I permit, and the results of
(O&M Plan)
inspections and subsequent follow-up actions at the
facilities.
Review the current Spill
3
Response Program for its
Make an annual review of the responses to spills and
NI DES Coordinator
effectiveness and adjust
evaluate the outcome of each one.
accordingly.
Review the street sweeping
program and adjust
Records will be kept of the volume of materials picked
4
accordingly to reduce polluted stornnvater runoff
up by the street sweeping equipment and presented in an
Streets Superintendent
from streets, roads and
annual report.
public parking lots.
O&M for municipal owned
5
or maintained catch basins
Periodic cleanout of catch basins.
Streets Superintendent
and conveyance systems
Maintain list of municipal
owned or maintained
Keep list of stormwatcr BM1's along with inspection
6
structural stormwater
records. (see Post Construction Stormwater
Stormwater Supervisor
controls (BMI's) for
Management above)
InLilliCl al Operations
O&M for Municipally
Develop and implement an inspection checklist for each
Stormwater & [,and
7
owned or maintained
13Mf type
Development Engineer
structural controls
Implement an employee training program for municipal
8
Staff training
I employees involved in implementing pollution
NPDES Coordinator
revention and good housekeeping.
Provide training on the use
of lerbicides and other
Maintain records of those licensed to apply herbicides.
9
chemicals and how the
Provide information on how storm systems receive
E
NPDS Coordinator
can enter the storm syst ms
runoff from vegetated areas using handouts.
through improper
application
Inspect street operations
facility to ensure that all
Make a weekly inspection of those areas where
9
stored chemicals are
chemicals used in the street operations are properly
Street Superintendent
properly contained and any
stored and secured against spillage.
spill potential is minimized.
10
Prevent or minimize
contamination of
Ensure that City Vehicle cleaning operations are
NI DES Coordinator
runoff from
included in each facility's stormwater pollution
29
areas used for vehicle and
prevention plan and wash water is not discharged to the
equipment cleaning
storm drain system without treatment.
Inform vendors with City
Inspect each vendor's work site in the City and evaluate
Stormwater & Land
1 1
contracts to practice good
the degree of compliance.
Development L ngincer
site housekeeping
30
Appendix B
EROSION AND SEDIMENTATION CONTROL
ORDINANCE
http://enp_ineerinV_.nionrocne.orL/wp-content/unloads/2014/1 I /Original-Ordinance-O-2003-33-revised-per-O-2011-12.pdf
31
Appendix C
STORMWATER MANAGEMENT ORDINANCE
f'tp:// f, tp. rnonroen c.or�lwe b/e ng/A din i n istrat i ve°/a20 Manual%20S W M O%20 Down load/
32
Appendix D
SANITARY SEWERS & CONNECTIONS
Monroe Code of Ordinances
"Title V Chapter 52 S 52.010
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33
ENGINEERING DEPARMTENT
ILLICIT DISCHARGE AND SPILL RESI'ONSE PROCEDURES
Purpose:
Provide general oversight and procedure to investigate and respond to illicit discharge and spill.
This procedure addresses the steps to follow from the time the report is made to the Engineering
Department, through the final clean-up is complete or the illicit connection is disconnected from
the drainage system.
The City of Monroe Engineering Department Stormwater, operates a "Stormwater Hotline" (704-
282- 4515) for citizens to report illicit discharges and spills to the City's local surface waters. The
Engineering Services website page contains a quick link "to report an illicit discharge or spill".
The link is a connection to the NPDES Coordinator's email.
Proredures
The following procedures should be followed when a call, email, or verbal notification is received
by Engineering Department staff regarding a report of an illicit discharge or spill:
l . All emergency spill reports should be transferred to the City of'Monroe ]Aire Department.
2. All spill and / or illicit discharge shall be forward to the NPDES Coordinator. If the NPDES
Coordinator is not available, the Stormwater Supervisor shall be notified.
3. Depending on the ranking of the reported discharge, the NPDES Coordinator, or his/her
designee, shall investigate the report using the following; criteria:
a. Fligh Priority
• Immediate attention is required to address an active discharge situation.
• Discharge has or may enter surface water or the drainage system.
• Respond as soon as possible, but within 24 hours.
b. Medium Priority
Requires attention, but problem is not actively occurring and rain is not forecast.
• Within 4 hours (if not an ongoing discharge)
Low Priority
The situation requires stormwater / Illicit discharge education and awareness
+ Within 2 to 3 days
Depending on the type of spill or illicit discharge, the NPDES Coordinator may contact the Monroe
Fire Department reviewing the discharge location.
4. The NPDES Coordinator shall assess the spill or illicit discharge to determine if the situation
is an emergency. The spill and / or illicit discharge shall be considered an emergency if the
spill or illicit discharge threatens the public health, safely or the environment. If the situation
is an emergency, the City of Monroe Fire Department is to be contacted immediately.
The NPDES Coordinator shall determine if the discharge is within the corporate limits of the
city. The City's GIS system shall be used to locate the address, ifneeded. As a curtesy, if the
35
ENGINEERING DEPARMTENT
ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES
discharge is not within the City Limits, the NPDES Coordinator should make an attempt to
give the caller a phone number to the community, or county in which the discharge pertains to.
If the spill or illicit discharge is locate within the NC DOT Right -of -Way.
6. For the following the spills or illicit discharge, The NPDES Coordinator shall direct the person
making the report to the following department or agencies:
a. For Wastewater discharges:
b. For Oil or Hazardous material
c. Trash, debris, durnping
Call Water Resource Department
Call City Fire Department, Emergency
Management
In Road Right-of-way — Streets Division
On Private property - City Building Code
Enforcement
In DOT Right-ot=way - NCDOT
7. The NPDES Coordinator shall lilt out an "Illicit Discharge / Pill I-lotline Incident Sheet"
(Yellow form) to record initial information including:
a. Location (address) of reported discharge or spill
b. Brief description of discharge
c. Time and date of discharge notification
d. Type of -material released, if known
e. If the material has reached a storm drain or surface water
f. Name and contact information of person reporting the discharge
g. Initial ranking of the reported discharge (High, Medium, or Low)
h. Name of person filling out the Initial report.
Note: A copy of the yellow form is filed in the Illicit discharge Tracking 3-ring binder.
The incidents are numbered consecutively, using a 5-digit code. The first two numbers
correspond to the year, and the last three digit correspond to the consecutive incident in that
year. For example, the third incident in the year 2016 is coded Incident 1 D 16003.
8. Notification of'spill or illicit discharge by Fire Department:
The Fire Department responds to spills and illicit discharges routinely. The Fire Department
responds to contain the discharge, to keep it from flowing into surface waters. It is the
responsibility of the person who spilled the material, or who has control over the material to
clean up the spill and to return the area back to original conditions. If the spill is on private
property, it is the property owner's responsibility to clean up the spill and repair any damage
off the property. The Fire Department has a list of Emergency Clean-up Contractor contact
information that they had out to the responsible parties for spill cleanup.
If the Fire Department calls the NPDES Coordinator regarding a spill or illicit discharge within
the City limits where the material has or has the potential to reach the Stormwater drainage
system, or surface waters, the NDDES Coordinator shall document and visit the site.
36
ENGINEERING DEPARMTENT
ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES
9. Investigation:
The NPDES Coordinator shall visit the site and investigate the spill or illicit discharge. Photos
are to be taken and information should be gathered regarding the spill and / or illicit discharge.
Contact information pertaining to the owner, operator, or tenant shall be obtained, if available.
The discharge should be verified, if possible, and assessed with respect to the City's
Stormwater Ordinance.
10. Contacts:
The NPDES Coordinator shall contact the following agencies depending on the type of spill
or illicit discharge:
Material Discharged
Contact
Oil, Chemicals and other Hazardous Materials
911
Hazardous Materials Team
Monroe Fire Department
704-282-4739 Office (8 AM — 5 PM, M-F)
911 (24 hour)
Wastewater
Water Resources Department
704-282-4601 (This number rolls over to the police department
during non -business ]ours)
For discharges outside The City of Monroe,
Union County Emergency Management Coordinator
within Union County
500 N Main Street
Monroe, NC 28112
704-283-3575 phone (8 AM — 5 PM, M-F)
704-283-3716 fax
Trash on private property
Citv Of Monroe Buildin� Code Enforcement
Trash in drainage system and in City of Monroe
Streets Superintendent
Road Right -of -Way
Trash on DOT Right-of-way
NC Department of "Trans ortation
All spills caused by city employees and/or spills
City of Monroe Safety and Risk Coordinator
on City Property
Follow up Procedure:
Letters of' Notice of Violations
The NPDEE Coordinator will send a letter of Notice of Violation (NOV) to the property
owner(s), and/or tenant, to inform them of the violation of the City's Stormwater Management
ordinance. Educational material may be included. NOVs are to be sent out Certified mail.
Prior to sending out, the NOV must be reviewed by the Engineering Director and the
Stormwater Supervisor.
For industrial sites, the City of Monroe Economic Development shall be contacted prior to any
enforcement action. The issue shall be review with Economic Development Department.
Depending on the type of spill or illicit discharge, the regional office of NC DEQ may be
notified for sites that have an industrial NPDES permit.
37
ENGINEERING DEPARMTENT
ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES
2. Tacking and Record Keeping
All photos, maps, letters, spill reports, and other information related to the illicit discharge or
spill shall be Filed electronically in "Illicit Discharge Sites" folder on the I -drive. The incidents
are arranged by address.
I:IStormwater\Stormwatcr ManaVcment ProgramlNMhS Phase II\Six Mea5Ures\IIlicit
DischargeVI'racking
The incident is entered into the tracking spreadsheet (illicit Discharge and Spill Report
Tracking - Year 4 - Oct 2014 - present.xlsx) found at I:1Stormwater\Stormwater
Management_ProgramINPDES Phase IIISix Measuresllllicit Discharge\Trackiny,
As information is received, such as contacts, type of discharge, verified discharge.. ctc. the data
shall be filled in on the spreadsheet for all incidents. The spreadsheet is set up so that activity
related to the incident can be entered in by date. "hhe columns in the spreadsheet have been set
up to correspond to information needed for the Stormwater annual report submitted.
3. GIS Data Base
All Illicit discharges and spills will be entered into the City's Geographical Information
Systcm, color coded by year and type of spill or illicit discharge. This will allow the City to
track all spills and illicit spills to determine the areas of'high priority.
Closeout Procedure:
1. Final site visit
"hhe site will be revisited by the NPDES Coordinator periodically, depending on the Priority,
with documentation of the site visits and photos. Once the illicit discharge or spill is closed
out, all information pertaining to the site shall be move to LaserFiche. It should be noted that
some illicit discharge incidents will never be closed out because it cannot be verified that
intermittent discharges have been stopped and behavior has been changed.
2. Additional contact numbers
Depending on the location and type of spill and / or illicit discharge, the following agencies
should be contacted (included for emergency purposes):
Agency
Contact Information
NC Department of Environmental Quality,
Mooresville Regional Office
704-663-1699
NC Emergency Management, after hours
800-858-0368
National Response Center
800-424-8802
EPA Region 4 Emergency Response Spill Report
Hotline
404-562-8700
Poison Control
800-222-1222
38
ENGINEERING DEPARMTENT
ILLICIT DISCHARGE AND SPILL 11I+1'SPONSE PROCEDUIZES
3. Resnonsibilities:
Position
Duties
Comments
NPDES Coordinator
0 Investigation, photos
• Correspondence with site owner operator, and or
resident
• Issue Notice of Violation
• Tracking documentation
• Follow-up and recordkee in�.
Stormwater Supervisor
0 Support and consultation
• Respond to I-li Priority Incidents in absence ofthe
NPDES Coordinator
Department I -leads
0 Notification to Authorities if reportable quantities
are exceeded and the discharge was caused, or
was under the control of that Department.
• Making sure Facility Spill Response plans are in
place with clear definition of "small" and "large
spills"
* Spill Prevention and Response training
City of Monroe Safety and
. Involvement with clean-up of spills on city
Risk Coordinator
property
• Involvement with clean-up of spills caused by
City Activities
Fire Department
0 Containment of spills
• Verification that the spill is being cleaned up by
the responsible party
• Notification to the NPDES Coordinator of spills
reaching surface water or stone drainage system.
• Notification to the City of Monroe Safety and
Risk Coordinator of spills occurring on City
property, or on private property caused by city
activities.
Since the NPDES Coordinator or Engineering Department / Stormwater personnel may be called
by other Departments in case of a spill, it is important to know what plans are in place for various
City Departments and facilities. 'fable I lists the City owned and operated facilities along with
the type of spill Response plans that are in place. Some City facilities have Spill Response Plans
as a component of' their Stormwater Pollution Prevention Plans (SWP3s) and/or oil Spill
Prevention Control and Countermeasure (SPCC) Plans per Chapter 40 federal Code of Regulations
(CFR) 1 12.
39
ENGINEERING DEPARMTF.NT
ILLICIT DISCHARGE AND SPILL RESPONSE PROCEDURES
List of Spill Response Plans for City Facilities
City of Monroe Facility
Type of Spill Response
Comments
Plan s
Airport
-Spill Prevention and Response
Plan within the SWPPP
- Oil SPCC Plan
Operation Center
-Spill Prevention and Response
The Water Resource Dept. as added a Spill
Plan within the SWPPP
response plan for their field operations as
- SPCC Plan to be developed
well.
Streets Division Facility
Spill Prevention and Response
Plan within the SWPPP
Energy Services Facility
-Spill Prevention and Response
This facility may need and SPCC plan
Plan within the SWPPP
depending on the oil storage capacity in
Electrical operating equipment stored at the
facility.
-Each City Owned Electric Substation has
an oil SPCC flan, because of the oil stored
in electric operating equipment at each site.
Monroe Country Club
-Spill Prevention and Response
Plan within the SWPPP
- SPCC plan to be develo ed
Landscape Maintenance Facility
None
Spill Response Plan is recommended for
this facility.
Water Treatment Plant
Chemical Spill Clean-up SOP
Ferric Chloride
Chemical Spill Clean-up Report
Liquid Caustic Soda
Chemical Spill Clean-up
Liquid Phosphate solution
Investigation
Liquid KMn04 solution
Carbon Slurry
Carbon powder
Fluoride Powder
KMn04 powder
Phosphate powder
Wastewater "Treatment Plant
Spill Prevention and Response
For Chlorine, Sulfur Dioxide, Magnesium
Plan
Hydroxide/ Calcium Hydroxide
Polymer
Diesel Fuel
Electrical Substations
Oil SPCC Plans
Oil in Electrical equipment
Gasoline Fueling Station
Posted Response Phone Numbers
and Spill Response materials in 55-
gallon drum.
SWPPP Stonnwater Pollution Prevention Plan
SPCC —Spill Prevention Control and Countermeasure Plan for Oil
40
March 26, 2010
North Carolina DENR
Division of Water Quality
Attn. Mr. Mike Randall
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: . NPDES Stormwater Permit Renewal
City of Monroe (Permit No. NCS000482)
Dear Mr. Randall,
CITY
4F
MONROE
a heritage of progress
Please find enclosed three copies of the City of Monroe Comprehensive Stormwater ,
Management Program Report, along with an original signed NPDES Stormwater Permit
application form by Mayor Bobby G. Kilgore and a resolution adopting the permit requirements.
Please feel free to contact me if you need any additional information.
Sincerely,
a- ��
Chris Costner, P.E., CFM
Stormwater Supervisor
Enclosures
cc: file
City of Monroe + 110 Box 09 + Monroe, NC 281 11-0069
Yel: (704) 282-4500 + Fav (704) 283-9098
.www.monroenc.org
RESOLUTION AUTHORIZING NPDES PHASE H STORMWATER
RENEWAL PERMIT APPLICATION
A-2010-13
WHEREAS, the City of Monroe was notified by the North Carolina Division of Water Quality in
December 2009 regarding continued coverage and renewal of the City of Monroe NPDES Phase II
Stormwater permit; and,
WHEREAS, the City of Monroe is currently authorized to discharge stormwater from a
municipal separate storm sewer (MS4) in accordance with the discharge limitations, monitoring
requirements and other conditions set forth in MS4 permit NCS000482; and,
WHEREAS, as a regulated community, the City of Monroe is required to develop a
Comprehensive Stormwater Management Program Report and apply for a NPDES Phase 11 Stormwater
Renewal Permit Application by Aprii 1, 2010; and,
WHEREAS, at a minimum, the Comprehensive Stormwater Management Program Report and
renewal permit application must address the following six minimum measures:
• Public education and outreach;
• Public participation and involvement;
• Illicit discharge and elimination;
• Construction site runoff control;
• Post -construction runoff control;
• Pollution prevention/Good housekeeping; and,
WHEREAS, the City of Monroe Engineering Department has prepared (lie NPDES Phase II
Stormwater Renewal Permit Application and the Comprehensive Stormwater Management Program
Report to address the minimum measures; and,
WHEREAS, the application and the Comprehensive Stormwater Management Program Report
was reviewed and discussed on February 16, 2010 by the Environment and Water Resources Committee
and approval is recommended by Staff.
NOW, THEREFORE, IT IS RESOLVED THAT the Mayor hereby is authorized and
empowered by the Monroe City Council to execute the NPDES Phase 11 Stormwater Renewal Permit
Application and the Engineering Department is authorized to submit the application along with the
Comprehensive Stormwater Management Program Report to the North Carolina Division of Water
Quality for review and approval.
Adopted this 23'd day of March, 2010.
ro
`• I � i i■ �i � A / •
Resolution R-2010-13
Page I of I
State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid Y
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (5WU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION ❑ New Application ® Renewal (Permit No. NCS000482)
a.
Name of Public Entity
City of Monroe
SeekingPermit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
town, county, prison, school,
City
etc.
d.
Federal Standard Industrial
SIC 91 — 97
Classification Code
e.
County(s)
Union
f.
Jurisdictional Area (square
29.63 square miles
miles
g.
Population
Permanent
36,000
Seasonal (if available)
N/A
h.
Ten-year Growth Rate
3.5%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
29.63 square miles
b.
River Basin(s)
Catawba and Yadkin -Pee Dee
c.
Number of Primary Receiving
Streams
2
d.
Estimated percenta a of jurisdictional
area containing the following four land use activities:
•
Residential
40%
•
Commercial
35%
•
Industrial
10%
•
Open Space
15%
Total =
100%
e.
Are there significant water
quality issues listed in the
attached a plication report?
❑ Yes ® No
Page 1
SWU-26-1-103102
NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑ Yes ® No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑ yes ❑ No
with another Phase II entity?__
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
permittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes ® No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
❑ Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
5WU-264-103102
NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL`S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiryof the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
Name
B6 G. gor
Title
Mayor
Street Address
300 West Crowell Street
PO Box
PO Box 69
City
Monroe
State
North Carolina
Zip
28111
Telephone
(704)282-4502
Fax
(704)283-9098
E-Mail
bkilgore@monroenc.org
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Chris Costner, P.E., CFM
b.
Title
Stormwater Supervisor
c.
Street Address
300 West Crowell Street
d.
PO Box
PO Box 69
e.
City
Monroe
f.
State
North Carolina
g.
Zip
28111
h.
Telephone Number
704-282-4537
i.
Fax Number
704-282-4735
j.
E-Mail Address
Ccostneronroenc.org
Page 3
SWU-264-103102
NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
b.
UIC program under SDWA
N/A
NCO024333
NCO080381
c.
NPDES Wastewater Discharge
Contact Name: Russell Colbath
Permit Number
Telephone: 704-282-4601
Fax Number: 704-283-6492
E-Mail Address: rcolbath@monroenc.or
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
e.
Non Attainment Program
N/A
f.
National Emission Standards for
Hazardous Pollutants (NESHAPS)
N/A
reconstruction approval
g.
Ocean dumping permits under the
Marine Protection Research and
N/A
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT - STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of the Stormwater Management Program Report for the five-year permit term. The
Stormwater Management Program Report shall be assembled in the order and formatted in accordance with
the Table of Contents shown below, bound with tabs identifying each section by name, and include a Table
of Contents with page numbers for each entry. The required narrative information for each section is
provided in the Instructions for Preparing the Comprehensive Stormwater Management Program Report
(SWU-268).
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. TMDL Identification
Page 4
SWU-264-103102
NPDES RPE Stormwater Permit Application
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
.9.11111111
41, Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
S. CO -PERMITTING INFORMATION (IF APPLICABLE)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. RELIANCE ON OTHER GOVERNMENT ENTITY
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102
4
CITY
OF
M()N RO F,
cr lrrrrPrr,,c° of jTr'cr,�'c�S5
City of Monroe, North Carolina
Comprehensive Stormwater Management
Program Report
Prepared By:
The City of Monroe Engineering Department
October 20 10
0
Table of Contents
N_. ffae
Storm Sewer System Information ................................................................................ 4
1.1 Population Served ............................................................................................ 4
1.2 Growth Rate..................................................................................................... 4
1-3 Jurisdictional and MS4 Service Area........................................................................ 4
1-4 MS4 Conveyance System..................................................................................... 4
1.5 Land Use Composition Elements............................................................................ 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
Z1. Permitting Information.................................................................................................. 7
4.1 Responsible Party Contact List............................................................................... 8
4.2 Organizational Chart ........................................................................................... 9
• 4.3 Signing0fficial.................................................................................................. 10
5. Co -Permitting Information........................................................................................1.... 10
6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations ..................1.1. 10
7. Stormwater Program Management Plan............................................................................ 10
7.1 Public Education and Outreach on Storm Water impacts .................................................
10
7.1.1 13 M P Summary Table.............................................................................1..
10
7.1.2 Target Audience......................................................................................
10
7.1.3 Target Pollutant Sources............................................................................
10
7.1.4 Outreach Program .................................................. .............................
I E
T1.5 Evaluation ............................................................................................
I I
T2 Public Involvement and Outreach............................................................................
1 1
7.2.1 BMP Summary Table........................................................................... ...
11
7.2.2 Target Audience......................................................................................
11
7.2.3 Participation Program................................................................................
11
7.2.4 Evaluation -----•......................................................................................
12
7.3 Illicit Discharge Detection and Elimination.................................................................
12
7.3.1 13M P Summary Table........................................................................1.---...
12
7.3.2 Storm Sewer System Map....................................................................
7.3.3 Regulatory Mechanism................................................................... ......
12
7.3.4 Enforcement.....................................................------........................
12
7.3.5 Detection and Elimination...........................................................................
12
7.3.5.1 Procedures for Locating Priority Areas ..................................................
13
7.3.5.2 Procedure for Tracing the Source of the Illicit Discharge ...........................
7.3.5.3 Procedures for Removing the Source of the Illicit Connection .....................
13
13
T3.5A Procedures for Evaluation of Illicit Connection and Discharge Component .
13
7-3.6 Non Stormwater Discharges........................................................................
13
2
7.3.7
Outreach...............................................................................................
14
7.3.8
Staff Training.........................................................................................
14
7.3.9
Evaluation.............................................................................................
14
7.4 Construction
Site Stormwater Runoff Control..............................................................
14
7.4.1
BMP Summary 'rabic ................................................................................
14
7.4.2
Regulatory Mechanism .......................... .................
14
7.4.3
Plan Reviews...........................................................................................
14
7.4.4
Enforcement...........................................................................................
15
7.4.5
Inspections.............................................................................................
15
7.4.6
Public Information...........................................•---.....................................
15
7.4.7
Evaluation.............................................................................................
15
7.5 Post -Development Stormwater Management in New Development and Redevelopment ............
15
7.5.7
BMP Summary Table...............................................................................
16
7.5.8
Non -Structural BMP's..............................................................................
16
7.5.9
Structural BMP's.....................................................................................
16
7.5.10
Regulatory Mechanism..............................................................................
16
7.5.1 1
Operation and Maintenance.............................................................. I ..... .... I.
16
7.5. l2
Natural Resource Protection.................................................................... . .. .
16
7.5.13
Open Space Protection..............................................................................
17
7.5.14
'free Preservation....................................................................................
17
7.5.15
Development in Areas with Existing Infrastructure .............................................
17
7.5.16
Mixed -Use Development............................................................................
17
7.5.1 7
Street Design.........................................................................................
17
7.5.18
Reduce Parking Requirements......................................................................
17
7.5.19
Minimizing Stormwater from Parking Lot ........................................................
17
7.5.20
7.5.21
Green infrastructure Practices......................................................................
Evaluation.............................................................................................
17
18
7.6 Pollution Prevention I Good Housekeeping for Municipal Operations ..................................
18
7.6.1
BMP Summary "rabic...............................................................................
18
7.6.2
Affected Operations..................................................................................
18
7.6.3
Training................................................................................................
18
7.6A
Maintenance and Inspections........................................................................
19
T6.5
Vehicular Operations................................................................................
19
7.6.6
Waste Disposal.......................................................................................
19
7.6.7
Flood Management Projects........................................................................
19
7.6.8
Existing Ordinances ..............................................................................
19
7.6.9
Evaluation............................................................................................
19
8.0 Contract
Operations..............................................................................................
20
•
Appendix A — BMP Summary`iable....................................................................................... 21
Appendix B — Erosion and Sedimentation Control....................................................................... 25
Appendix C — Stormwater Management Ordinance....................................................... ................ 26
Appendix D — Sanitary Sewer Connections................................................................................ 27
3
•
City of Monroe
Stormwater Management Program Report
1. Storm Sewer System Information
1.1 Population Served
Permanent Population: 36,000
Seasonal: 0
Basis of Information: NC Office of Budget, Planning, and Management
1.2 Growth Rate: 3.5% Annual
1.3 Jurisdictional and MS4 Service Areas
Municipal: 29.63 square miles
Lxtraterritonal Jurisdiction: 8.0 f square miles
1.4 MS4 Conveyance System: The City of Monroe Stormwater System consists of a
combination of piping, ditches, and sheet flow. Within the City of Monroe are
located two water supply watersheds feeding two lakes — Lake Lee, classified as a
WS-IV watershed, and Lake Twisty, classified as a WS-111 watershed. The City of
Monroe's Stormwater Management Ordinance requires structural BMP's on all new
development and redevelopment sites to control the Stormwater discharge quality and
quantity leaving the site.
1.5 Land Use Composition Estimates:
Residential:
40%
Commercial:
35%
Industrial:
10%
Open Space:
15%
1.6 TMDL Identification:
No TMDI. allocation presently exists for any streams within the City of Monroe.
4
S' 2. Receiving Streams
4
Primary Streams
Table 1.
Receiving Stream
Stream Segment
Water Quality
* Use Support
W<<ter Quality Issues
Name
Classification
Rating
Yadkin River Basin
Richardson Creek
13-17-36-(3.5)
WS-IV; CA
I
Chlorophyll a
High PH
Richardson Creek
13-17-36-(3.5)b
WS-IV; CA
I
Chlorophyll a
(Lake Lee)High
PH
Richardson Creek
13-17-36-(5)a I a
C
I
Ecological 1 biological Integrity —
Benthos
Richardson Creek
13-17-36-4-(2)
WS-IV; CA
I
Chlorophyll a
(Lake Monroe
Ecological / biological Integrity —
South Fork Crooked
13-17-20-2a
C
I
Benthos
Creek
Ecological / biological Integrity —
Fish Consuln_
Stewarts Creek
13-17-36-9-(1)
WS-III
I
Ecological / biological Integrity --
Benthos
Stewarts Creek
13-17-36-1-(4.5)
WS-ill; CA
I
Chlorophyll a
Lake Twitty
Copper
Bearskin Creek
13-17-36-6
C
ND
Florsepen Branch
13-17-36-6-1
C
ND
Camp Branch
13-17-36-6-2
C
ND
Dry Fork
13-17-36-6-3
C
ND
East Fork Stewarts
13-17-36-9-2
WS-III
ND
Creek
Lick Branch
13-17-36-9-3
WS-111
ND
Stumplick Branch
13-17-36-9-4
WS-1E1
ND
Calawba .River Basin
East Fork — 12 Mile
Creek ,TribUtary 3
Unknown
C
ND
East Fork — 12 Mile
Unknown
C
ND
Creek, Tributary 5
* NR = Not Rated
* ND = Not Determined
* I = Irnpaired
0
3. Existing Water Quality Programs
3.1 Local Programs
3.1(a) Stormwater Management Ordinance
The City of Monroe administers a Stormwater Management Ordinance to control
stormwater pollutants as well as increased stormwater volume and velocity from new
development and redevelopment sites so that water quality is protected and
downstream flooding is reduced. The ordinance requires a Best Management Practice
(BMP) for all development and redevelopment within the corporate limits or in the
extraterritorial jurisdictions within the City of Monroe. Zoning; requirements also
require buffers along; designated streams to help retain stream water quality along
developing sites.
3.1(b) Erosion and Sedimentation Control Program
The City of Monroe was delegated the responsibility of administering its own Erosion
and Sedimentation Control Program in June 2002. The policy parallels the State of
North Carolina requirements with some modifications which include a maximum of
12,000 s.f. of disturbed area without a grading permit. The City of' Monroe enforces
the program through an inspection and plan review process, as well as issuing fines
and citations for violations.
3.1(c) Stormwater System Repair Program
The City of Monroe offers private citizens the opportunity to correct or repair
problem areas on private property due to public runoff. The City provides the
necessary labor, equipment, and repair materials to qualifying; projects.
3.2 State Programs
3.2(a) Best Management Practices
Best Management Practices required for post -construction related sites follow the
requirements of the N.C. Department of Environment and Natural Resources,
Division of Water Quality, Water Quality Section.
3.2(b) Clean Water Act of 1977
The City of Monroe, in accordance with the Clean Water Act of 1977, requires
Developers/Contractors to acquire Section 401 permits for various activities related to
stream and wetland water quality.
6
-13
4. ormitting Information
4.1 Responsible Party Contact List
•
•
BMP and Measurable
Contact
Position
Phone #
Fax #
Email Address
Goals
Person
Public Education and Outreach
I
Distribute brochures to groups and
Deanna O'Neill
Engineering Tech. 11
(704) 282-4539
(704) 282-4735
doneilWmonroenc.org
citizens
2
Classroom presentation
Harold Gaines
En ineering Tech. 11
704 282-4535
(704) 282-4735
hgaines(.@monrggDc.org
3
Maintain City website with
stormwater information
Deanna O'Neill
Engineering Tech. Il
g 1�
704 282-
( } 4539
(704} 82 4735
doneill�n monroenc.ore
Public Involvement and Parnticjikoppanon
Conduct a Public meeting on the
Jim Loyd
Director of
(704) 282-4529
(704) 282-4735
jloyd@monroenc.org
aEn
Stormwater Mana ement Plan
ineerin
Organize and Administer a Public
Chris Costner
Stormwater
(704) 282-4537
(704) 282-4735
ccostner a monroenc.org
Involvement Program
Su ervisor
Rlicit Discharge and Elimination
Train and coordinate with other
Stormwater
I
departments to report illicit
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@monroenc.org
connections
Prepare and distribute brochures
Stormwater
2
to the public educating them on
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@monroenc.org
illicit connections
Provide for public involvement to
Stormwater & Land
3
report illicit connections
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
Engineer
Identify person to follow-up on
Stormwater & Land
4
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
reports
Engineer
Construction Site Stormwater Runo Control
Sites will comply with City of
Stormwater & Land
I
Monroe Erasion Control Ordinance
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
Engineer
Stormwater & Land
2
Pre -construction Meeting
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
Engineer
•
Stormwater 8: Land
3
Monthly Site Inspection
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
Engineer
Post Construction Stormwater Man a ement in New Development and Redevelo ment
New Development and
Redevelopment sites will abide by
Stormwater
I
the City of Monroe Stormwater
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@monroenc.org
Management Ordinance and 15A
NCAC 2H.1000
Review annual inspection reports
Stormwater
2
from owners of stormwater
Chris Costner
Supervisor
(704) 282-4537
(704) 282-4735
ccostner@monroenc.org
facilities
Establish a program to control the
Stormwater & Land
3
sources of fecal colifann to the
Don Kelly
Development
(704) 282-5795
(704) 282-4735
dkellyna monroenc.org
maximum extent practicable.
Engineer
Pollution Prevention / Good House kee in or Munici al Operations
Distribute pollution prevention
Infrastructure
I
training materials for public
Sarah McAllister
Engineer
(704) 282-4532
(704) 282-4735
monroenc.org
smcallistcr@monToenc.org
facilities
Provide training for those
employees who maintain the
Infrastructure
2
public facilities on proper disposal
Sarah 1%,IcAlllster
Engineer
((704) 282-4532
(704) 282-4735
smcallister@monroenc.org
procedures and inspection of
public facilities
Evaluate spill response program
3
and determine effectiveness on
impacts
Sarah McAllister
Infrastructure
Engineer
(704) 282-4532
(704) 282 4735
cr
smcallister monroenc.org
minimizing on
stormwater quality
00
N
•
4.2
Organizational Chart:
City Clerk
Bridgett Robinson
Mayor City Manager Assistant City Manager
City Council Wayne Herron Greg Demko
Brain Borne
City Attomev
Terry Sholar
r1
L
Engmeerinp Director
Jim Loyd
Downtown Monroe
Brian Borne
11`ater Resources Director
Rus Colbath
Planning & Develonment
Director
Lisa Stiwinter
Human Resources
Director
Debra Reed
Parks & Recreation Director
Mike Courtney
Fire Chief
Ron Fowler
Buildine Standards
Vacant
Police Chief
Debra Duncan
Information Services
Director
Bruce Bounds
Energy Services Director
Don Mitchell
Economic Development
Director
Chris Plate'
Finance Director
Greg Demko
Public Information Officer
Pete Hovanec
Engineerinu Tech. II
Deanna O'Neill
Siormwater & Land Dev. Eng.
Don Kelly
Street Division Sunerintendent
Olin Deaton
Johnny McManus
Civil En ie'neer I
Tonya Griffin
Srormwater
Suyervisor
Chris Costner
Stormwater Tech. 11
Harold Gaines
James Cook
Fcuinment Operator 11
Johnny Faulk
Equipment Operator I
Vacant
Srormwater Maint. Worker 11
Lee Pierce
Stormwatcr Maim Worker II
Tony Ramon
Stormwater Main(. Worker ll
Vacant
Street Sweeper Operator I
Ron Cureton
Street Sweeper — Operator I
Mono Baker
i 4.3 Signing Official:
Ranking Elected Official: Mayor
Name: Bobby G. Kilgore
The City Charter of the City of Monroe designates the Mayor as the official
head of the City government.
4.4 Duly Authorized Representative:
S. Co -Permitting Information (if applicable)
NIA
6. Reliance on Other Government Entity to Satisfy One or More Permit Obligations
None
7. Stormwater Management Program Plan
• 7.1 Public Education and Outreach on Storm Water Impacts
7. i .1 BMP Summary Table (See Appendix A for Further hnformation)
1.) Distribute brochures to groups and citizens at various events
including neighborhood meetings and public events
2.) Present storm water information to students and teachers
3.) Maintain City website with storniwater information
4.) Continue to work with Centralina Council of'Governments —
Regional Stormwater Partnership to promote good stormwater
practices at both the local and regional levels.
7.1.2 Target Audience: The target audience for this measure will be the
general public ranging from homeowners to students to business
owners. The Spanish-speaking and other non-English speaking
communities will be included as well.
7.1.3 Target Pollutant Sources:
. 1.) Oils and Greases: Petroleum products can suffocate living
organisms and cause harmful secondary chemical compounds, as
well as clog sewer lines and harm equipment.
10
•
2.) Trash: Trash can clog sewer lines and cause hazardous water
blockages.
3.) Sediment: Sediment can clog storm pipes and suffocate wildlife in
the creeks and streams by invading the gills offish and destroying
habitat areas.
4.) Flerbicides/Pesticides: Specific chemicals are toxic to different
species of wildlife and plant life. Runoff into the storm system can
carry these chemicals into the streams and creeks.
5.) Nutrients: Excess nutrient can cause algae and bacteria blooms in
our lakes and streams. Algae will consume oxygen, increase
turbidity in the water body and eventually die along with the fish
and other aquatic life that need oxygen to live. In addition, excess
nutrient can lead to taste and odor in the drinking water.
7.1.4 Outreach Program: Information concerning public education will be
distributed at neighborhood meetings, classroom presentations, public
events, by word-of-mouth, fliers, brochures and the City's website.
The number of citizens reached by these methods is expected to be in
the order of 1,000 people -at neighborhood meetings and public events
and 15,000 people with utility billing.
7.1.5 Evaluation: A count of the number of unsolicited phone calls will
provide a measure of the effectiveness of the program. In addition;
positive response from the general public includes citizens.
7.2 Public Involvement and Participation
7.2.1 BMP Summary Table (See Appendix A for Further Information)
1.) Conduct a Public Meeting on the Stormwater Management Plan
2.) Organize a volunteer community involvement program
7.2.2. Target Audience: The general public will be the target audience.
Civic groups will be encouraged to participate, as well as any other
concerned citizens group.
7.2.3 Participation Program: A public meeting will be held by the
Stormwater Management Advisory Committee to allow the general
public to comment on the Stormwater Management Plan and the
associated program. Civic and neighborhood group members will be
encouraged to volunteer to participate. They will also be encouraged
to get involve in the Storm Drain Marker program.
7.2.4 Evaluation: The response received from the public meeting will
gauge the effectiveness of the measure. In addition, public
involvement in various stormwater events will gauge the effectiveness
of the measure
7.3 Illicit Discharge Detection and Elimination
7.3.1 BMP Summary Table (See Appendix A for Further hlformation)
1.) Train and coordinate with other departments to report illicit
connections.
2.) Continue to distribute brochures to the public educating them on
illicit connections.
3.) Continue to provide for public involvement to report illicit
connections.
4.) Identify person to follow-up on reports.
7.3.2 Storm Sewer System Map: The City of Monroe currently has maps
depicting the location ol'storm sewer system pipes and appurtenances
in a GIS format. The maps also indicate creek and stream names. The
maps were developed utilizing a GI'S surveying system. As new
systems are added or existing systems are amended, the map will be
updated utilizing the GPS surveying system.
7.3.3 Regulatory Mechanism: The City of Monroe will continue to use the
existing Section 159-701 Illicit Discharges and Connections of the
Stormwater Management ordinance that addresses cross connections
and discharges into the stormwater system.
7.3.4 Enforcement: The Section 159-701 Illicit Discharges and
Connections of the Stormwater Management ordinance makes it a
violation to cause or allow the discharge, emission, disposal, pouring,
pumping, or connect directly or indirectly to any stormwater
conveyance, the waters of the State, or upon the land in any manner
for purposes of discharging anything other than stormwater runoff into
the system. The language in the ordinance contains, as a minimum,
that a notification will be issued to the owner outlining the procedures
for rernediation and consequences for non-compliance.
7.3.5 Detection and Elimination: The City will continue to use existing;
City personnel, citizens and civic groups to detect illegal discharges
and connections to stormwater conveyance systems through the Illicit
Discharges and Connections program. Inspections and evaluations
12
s
•
will be conducted during dry weather periods when illegal flows will
be most obvious, or in response to reports received from city personnel
or the general public.
7.3.5.1 Procedures for Locating Priority Areas: Those areas
where parcels are not yet connected to public sewer and depend upon
septic systems will be examined on maps. Inspection of older existing
sanitary sewer lines by the Water Resources Department will help
identify those areas where a potential for cross contamination could
occur. The public at large will be provided the ability to report illicit
connections. Employees will be trained in the use of detection
methods.
7.3.5.2 Procedures for Tracing the Source of the Illicit
Discharge: The City will use various methods to trace the source of
the illicit discharge including but not limited to visual inspection, field
screening, and TV the stormwater system as required.
7.3.5.3 Procedures for Removing the Source of the Illicit
Discharge: The Illicit Discharges and Connections ordinance gives
the City the authority to remove illegal connections and discharges.
City employees are given the authority to enter upon private property
for purposes of inspection and empowered to issue fines and citations.
7.3.5.4 Procedures for Evaluation of Illicit Connection and
Discharge Component: An annual review of the illicit connection
detection program by City staff will gauge its effectiveness. The
effectiveness will be measured by comparing the number and type of
illicit connection identified and corrected during the reporting period.
7.3.6 Non Stormwater Discharges:
Activity
Allowed
Not Allowed
Water Line Sampling and Flushing
X
Landscape Irrigation
X
Diverted Stream Flows
X
Rising Ground Water
X
Uncontaminated Ground Water Infiltration *
X
Uncontaminated pumped ground water
X
Discharges from Potable Water Sources
X
Foundation Drains
X
Air- Conditioning Condensation
X
13
Irrigation Water **
X
Springs
X
Water from Crawl space Pumps
X
Footing Drains
X
Lawn Watefing
X
Individual Residential & Charity Car Washing
X
Flows from Riparian 1-fabitats & Wetlands
X
Dechlorinated Swimming Pool Discharges
X
Street Wash Water
X
Flows from Emergency Fire Fighting
X
* As defined at 40 CFR §35.2005(20)
** Does not include reclaimed water as defined at 15A NCAC 21-1 .0200
7.3.7 Outreach: The public will be notified through the Public Education
and Outreach Program about the hazards and potential effects of illegal
connections. Internal training programs for City employees will be
presented via the Pollution Prevention / Good Housekeeping Program.
• 7.3.8 Staff Training: Internal training programs for City employees will be
presented via the Pollution Prevention / Good Housekeeping Program.
As part of the internal training program, City employees will be
informed on what City Department to call to report any illicit
discharge or connection.
7.39 Evaluation: Measurement of the success of this program will be
defined by the quality and quantity of the stormwater at the outfalls. A
secondary measurement will be the number of illicit connections
discovered and removed.
7.4 Construction Site Stormwater Runoff Control
7.4.1 BW Summary Table: See Appendix A.
7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, "Title
XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a
grading permit is required for sites disturbing an area equal to12,000
s.f. or more. The City of Monroe was delegated in June 2002 to
review and enforce its own Sedimentation and Erosion Control
Program. Copies are attached in Appendix B.
7.4.3 Plan Reviews: A grading plan for the site is prepared by a qualified
professional and presented to the City of Monroe for review of erosion
control measures. Site plans are also given to the Planning and
14
v
Development department for review of required natural buffers along
streams, if applicable. Sites disturbing 12,000 s.for more of area are
required to obtain a grading permit. This applies to both commercial
and residential construction sites. Single-family lot disturbing less
than 1 acre must submit a Single-family Maintenance Agreement.
7.4.4 Enforcement: The current Erosion and Sedimentation Control
Ordinance provides for penalties to be assessed when site inspections
reveal violations. If a site is in violation, a Notice of Violation is sent
to the responsible party explaining the violation, which contains a
remedy date by which corrections are to be made, and a warning that
failure to comply can result in civil or criminal penalties.
7.4.5 Inspections: Construction sites are inspected as required. Those sites
disturbing the greatest area and could pose a threat to adjoining
streams and creeks are inspected first and more often. Commercial
sites are inspected at least once per month or more frequently
depending upon site deficiencies and rainfall events. Items are
inspected as presented on the approved erosion control plan and, if
needed, revision may be required to the approved plans and initiation
of the revision for compliance.
7.4.6 Public Information: The Erosion and Sedimentation Control
Ordinance was presented to City Council for approval and open to
public discussion. As new amendments are made, the public will have
the opportunity to comment.
7.4.7 Evaluation: The success of this program will be measured by the
number of projects with sediment leaving the construction sites and the
number ofNotice of' Violation (N.O. V.) issued and fines levied.
7.5 Post-Construction.Stormwater Management in New Development and
Redevelopment
7.5. l A copy of the City of Monroe Stormwater Management Ordinance is
attached. See Appendix C.
7.5.2 Maintenance requirements of the BMP's are included in the
Storrnwatcr Management Ordinance. See Appendix C.
7.5.3 The City of Monroe owns and maintains its own wastewater collection
system with non-sewered areas served by septic systems, as per City of
Monroe Ordinance `ride V, Chap. 52, § 52.010. See Appendix D.
7.5.4 No surface waters within the City of Monroe drain into SA waters.
15
0 7.5.5 No surface waters within the City of Monroe drain into Tr waters.
7.5.6 No surface waters within the City of Monroe drain into Nutrient
Sensitive waters.
7.5.7 BM1' Summary "fable: See Appendix A.
7.5.8 Non -Structural BMP's:
7.5.8.1 Zoning Ordinances for land development requires that
proper vegetative buffers be placed or existing ones be maintained,
along designated streams. Other measures include requirements for
open space and landscaped areas in commercial and multi -family
projects_
7.5.8.2 Interconnectivity of'impervious surfaces is discouraged by
requiring internal landscaped areas within project sites.
7.5.8.3 Conduct deveIoperlcontractor forums to address concerns
with construction, inspection and long term maintenance of structural
best management practices.
G7.5.9 Structural BMP's:
7.5.9.1 Current water quality practices allow the use of wet
detention ponds, in addition to those contained in the "Stormwater
Best Management Practices" manual by the N.C. Department of
E'nvironment and Natural Resources, Division of Water Quality, Water
Quality Section.
7.5.10 Regulatory Mechanism: In October 2007, the City of Monroe
adopted a Stormwatcr Management ordinance that addresses post -
construction runoff from new development and redevelopment.
Attached is a copy of the City of Monroe Stormwater Management
Ordinance. See Appendix B.
7.5.1 1 Operation and Maintenance: Permitted BMP's will be inspected
annually by the owner and 1 or his representative and a report prepared
by a qualified professional shall be submitted to the City of Monroe
Engineering Department.
7.5.12 Natural Resource Protection: Land Development flan requires a
50-foot undisturbed buffer along all perennial and intermittent stream
. in conditional district and 35-foot undisturbed buffer along all others
perennial and intermittent stream.
16
7.5.13 Open Space Protection: Zoning Ordinances for land development
requires that] 2.5% of the gross area of the development tract be
dedicated to open space.
7.5.14 Tree Preservation:
7.5,14.1 Section 156.221 "free Preservation in the Zoning
Ordinances for land development requires that deciduous and
evergreen trees be preserved to the greatest extent possible.
7.5.14.2 Section 156.221 "I'ree Preservation in the Zoning
Ordinances for land development requires that a tree preservation plan
be submitted prior to any land disturbing activities. "I'he tree
preservation ordinances include a section on tree protection and
preservation during construction.
7.5.15 Development in Areas with Existing Infrastructure: Land
Development Plan encourages industries to locate in areas already
served by adequate infrastructure, such as sewer, water, natural gas,
and roads.
7.5.16 Mixed -Use Development: hand Development Plan map and
Downtown Master Plan for the Downtown Area designate specific
areas of the city for Mixed-Usc Development.
7.5.17 Street Design: The Unified Development Ordinance and Land
Development Plan encourage rear garages and alleys.
7.5.18 Reduced Parking Requirements: lfhe developer/builder is to
determine the required parking spaces according to the Land
Development Plan and the Unified Development Ordinance.
7.5.19 Minimizing Stormwater From Parking Lot: 7"he Unified
Development Ordinance requires landscaped planted areas within or
adjacent to the parking area as tree islands, at the end of'parking bays,
inside seven (7) foot wide or greater medians, or between rows of cars.
7.5.20 Green Infrastructure Practices: Stormwater Management
application and plans are required to be submitted prior to an applicant
receiving their lwrosion and Sediment Control permit. in addition, a
developer/builder cannot receive their Certificate of'Occupancy until
Stormwater Management requirements are met including but not
limited to stormwater maintenance agreement(s), stormwater best
management practices as -built and post -construction checklist.
17
7.5.21 Evaluation: The effectiveness of this measure will be determined by
the success of obtaining a higher degree of water duality in the fakes
and streams.
7.6 Pollution Prevention 1 Good Housekeeping for Municipal Operations
7.6.1 BMP Summary Table. See Appendix A.
1.) Distribute pollution prevention training materials to those employees
who maintain the public facilities on the principals of good
housekeeping and how improper maintenance can be detrimental to
the waterways.
2.) Provide training for those employees who maintain the storm sewer
systems with emphasis on disposal of sediments and other solids
removed from the systems.
3.) Provide training on the use of herbicides and other chemicals and how
they can enter the storm systems through improper application.
4.) Inspect street operations facility to ensure that all stored chemicals are
properly contained and any spill potential is minimized.
5.) Inform vendors with City contracts to practice good site housekeeping.
6.) Review the current spill response program for its effectiveness and
adjust accordingly.
7.) Review and evaluate the effectiveness of the street sweeping program
and adjust accordingly.
8.) Review municipality owned or operated regulated industrial activities
7.6.2 Affected Operations:
1.) Street Operations Center
2.) Parks and Recreation
3.) Fire Department
4.) City Garage
5.) Monroe Country Club
6.) Charlotte -Monroe Executive Airport
7.) Water Resources
8.) Energy Service
9.) Water Treatment Plant
10.) Wastewater Treatment Plant (NCG 11000, Certificate of Coverage
No. NCG 1 10022)
7.6.3 Training: An employee training video will be utilized to emphasize
best management practices. Flyers and handouts, along with the City
of Monroe's Employee Guide to Prevent Stormwatcr Pollution, will be
• distributed to employees emphasizing the need for good housekeeping
practices. Other government training materials will be sought out and
used. Specialty training will be provided on a case -by -case basis
18
through the use of seminars and other educational opportunities
through outside agencies.
7.6.4 Maintenance and Inspections: Street sweeping will constitute the
major thrust toward keeping solid debris from entering the MS4
system, along with solids collection during trash pick-up times.
Uptown streets and sidewalks are swept at least once per week, while
streets with curb and gutter are swept at least 5 times per year and all
other streets at least twice per year. Garbage is collected throughout
the City weekly. Presently, the Street Division inspects and maintains
the storm sewer system after each rainfall event and on as as -needed
basis. The City's stormwater utility program enables the stormwater
maintenance crews to repair private drainage systems that receive
public runoff. All tanks, valves, pumps, pipes, and other equipment
related to the distribution of water resources and energy services are
inspected and maintained on a daily or weekly basis by their respective
Department.
7.6.5 Vehicular Operations: City parking lots are swept as needed. Road
salt is stored within a covered storage facility.
7.6.6 Waste Disposal: Solids removed from the MS4 system are
transported to the Street Division Facility for pick up by the solid
waste disposal contractor. Larger loads are transported to the County
transfer station for disposal.
7.6.7 Flood Management Projects: Flood management projects are
designed with N.C. Department of Environment and Natural
Resources requirements, as well as U.S. Army Corps of Engineers
requirements.
7.6.8 Existing Ordinances: The following City ordinances were identified
as having impacts on water quality:
1.) Title XV, § 158.05 — Erosion and Sedimentation Control
2.) Title VII, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt,
Garbage, Liquids, Trash, and Other Objectionable Material
3.) Title IX, Public Health Nuisances
4.) Title V, Chapter 55 — Solid Waste
5.) Title V, Chapter 52 — Waste Water
6.) "Title V, Chapter 53 — Water Distribution System
7.6.9 Evaluation: The success ofthis measure will be evaluated through
the responsiveness of the employees to new BMP's. Documentation
of activities related to housekeeping practices will measure the extent
of the program.
19
s
•
•
8. Contract Operations
Contract operations including but not limited to solid waste pickup, pesticide
applications, construction contracts include language in the agreement requiring
contractors and subcontractors to meet all Applicable laws. Formal contract
agreements are kept on file in the City Clerk's office with the respective department
responsible for record retention of all informal agreements.
20
0 1. BMP's and Measurable Goals for Public Education and Outreach
=i y*- p7�w,{p.4 Y'` r 3 ,{y
'
) r'� 4•'.' .t r _C zw
�t.1.� , Measnrable,{Gaals
PoAtion�'
Resonsi�ile
i' wz
f
7f
Ed,:4S,�r,:r, ,i. .,Si.ra.RLY".J�,::k�#::
,4
�f,n- r4..r'f1xVE';GLr+SXSA:.>�Ft,•31 w.r �ry..1i.� iir::x'�:Yy..,,fi `+i
We
'f 7iV9'ad!rn_n::-_
1
Distribute brochures to
Brochures will also be available at city hall_ In
groups and citizens
addition, brochures will be available at
neighborhood meetings and city events. The
Engineering `I-ech. 11
number published and distributed will be
recorded.
2
Classroom presentation
Students and teachers will be presented the
impacts ofstormwater pollution and what can be
"tech.
Engineering II
done to reduce impacts. Number of students and
teachers presented the information will be tracked.
3
Maintain the City websile
Maintain the City website to include information
on stormwater related issues, phone numbers to
use for incident reporting and current stormwater
Engineering Tech. 11
activities taking place. A counter will be used to
Irack the number of requests or hits-
4
Centralina Council of
Continue to work with Ccntralina Council of'
Government — Regional
Government — Regional Stormwater Partnership
Stormwater Supervisor
Stormwater Partnership
to promote good stormwater practices at both the
local and regional level.
• 2. Public Involvement and Outreach
•
T _+
al BMP r 4 i
\x'4zy.?ls .7 FNs
•
° �x" ' MeasurablefGoals s{ ' ^
14"t''�i�.�er."...ir..[i+trSw:.+•.f�i ,_r-rL•
` Res onstllilewsihon
}.a1\1 ,.i^�l�
d-.d!'.^.4 tm 4.e
� 11 �4��
F� 5;. £ '.5 I_�, 7 ?%r F.n r S-. t - _
1 �
.'v' C'#.�4 n ,i•'iiX+
•1
Conduct a Public Meeting
Provide public an opportunity to comment on the
on the Stormwater
Stormwater Management Program
Engineering Director
Management Pro gram
2
Stormwater Management
Utilize the Stormwater Management Advisory
Advisory Committee and
Committee and Environmental and Water
City Council
I nv1ronmental and water
Resource Committee for input on stormwater
Resource Committee
issues and the stormwater mana ement program.
3
Continue to administer the
Continue to provide an opportunity for civic and
Public Involvement and
volunteer group to participate in the storm Drain
Stormwater Supervisor
-Participation Program(s)
Marker program.
3. Illicit Discharge Detection and Elimination
�r •ate � r ,r.�,i \
C r-.
,�v ��>� . ,,,� � ..; r . _ ���
Measurable'Goals ' '
r'�Y � v.c �w ,
�Resons><b1e Poslho�n``?
1
Train and coordinate with
Distribute information to other City departments
other departments to report
outlining the methods used to detect and identify
Stormwater Supervisor
illicit connections
illicit connections
2
Distribute brochures to the
ification to the public via brochures outlining
Stormwater Supervisor
public to educate them onit
connections. A count of the quantity sent
roiluloitclwill
and Engineering Tech.
illicit connections
indicate the 13MP's effectiveness.
11
22
3
Provide for public
Continue to provide the public with a means of
involvement to report illicit
reporting illicit connections or illegal dumping
Engineering; "Tech. II
connections
activities via telephone and/or the city web a e '
4
Identify person to follow-
Continue to provide an annual report outlining; the
Stormwater & Land
uh on reports
amount of reported and identified illicit
Development Engineer
connections
4. Construction Site Stormwater Runoff Control
``�q;'
kj
. BMP ; ,`
r ' ��` v ` Measu�alile Goals' r ``�W a' V 3`'�',�
V=-RekF risible Ro' s- tionf
:t.. �.
2
:"• �.,`i`#S,:hftfr','"�dj4TM:;5`.r��'.?57'i...v�r3f1.a�:�..?'`FaTAs�:t_,°>tx�S•.
'L�r,p*a,
I
Sites will comply with the
Require construction site operators to implement
City of Monroe Erosion and
erosion and sediment controls at construction
Stormwater & Land
Sedimentation Control
sites and provides actions to ensure compliance.
Development Engineer
Ordinance
2
A Pre -Construction meeting;
A Pre -Construction meeting; will be held with
Stormwater Land
will be held for each site
City staff and Financial Responsible person
Developmentt Engineer
and/or their re resentative(s)
3
Monthly Site Inspection
A monthly site inspection will be held with City's
Stormwater & Land
Erosion Control Specialist and Financial
Development Engineer
Responsible person and/or their representativc(s
qPost Construction Stormwater Management in New Development and Redevelopment
.`:.
i'• '�}]r1".,R`'
�
rc vwt5t
'BP
twr: r &:�&- ',:-J%xJ.; '-c.�c.y. for a:i
n, 3 r 1 '�1x ' ire �� �m ��rF�.
easurabe�Goals
. ;a
�. x ,
a'...
ResP°'-P°
.�'I
110 t
I
New developed and
All new developed and redeveloped sites must
redeveloped sites will abide
meet City Stormwater Management Ordinance
by the City's Stormwater
requirements for water quality and quantity
Stormwater Supervisor
Management ordinance and
15A NCAC 2H.1000
2
Ensure property owncr(s)
Review annual inspection report submitted from
are maintaining the
owners of stormwater facilities
Stormwater Supervisor
Stormwater Facilities on
their site
3
Establish a program to
Prepare and distribute information to the public
control the sources of fecal
pertaining; to the source of fecal coliform and how
Stormwater & Land
coliforrn to the maximum
the public can reduce fecal coliform impacts.
Development Engineer
extent practicable
Coordinate with the county health department on
the operation and maintenance of septic s stems_
4
Natural Resources
Assist Water Resources Department and Planning
and I)cvelopment with ensuring that buffers are
Stormwater Supervisor
protected along all perennial and intermittent
streams
•
23
0
•
6. ' Pollution Prevention / Good Housekeeping for Municipal Operations
1i •' _ ),. _ C ayk
lY
B1ViP•t-
♦ 1Y h .W, "In 1 i .e 'k y +i y': t" M��••!_1'f^ (i F- � M -
eastJns r T 3 o ?
,M « urable Goals ;
.Y N{H .y:•�:yr�
P ans�ble Posi>hon
= A:A
Y << t t .
#tfr A
i,Res
I
Distribute pollution
Maintain records of those employees who have
prevention training
been trained or informed of good housekeeping
materials to those
practices for all public facilities with regard to
employees who maintain
their potential for polluting the waterways,
the public facilities on the
Stormwater & Land
principles of good
Development Engineer
housekeeping and how
improper maintenance can
be detrimental to the
waterways
2
Provide training for those
1'rovide Iliers and other informational data to
employees who maintain
inform employees of proper procedures for
the storm sewer systems
storage and disposal of waste solids.
with emphasis on disposal
Stormwater &Land
of sediments and other
Development I�ngineer
solids Removed from the
systems
3
Provide training on the use
Maintain records of those licensed to apply
of herbicides and other
herbicides. Provide information on how storm
chemicals and how they can
systems receive runoff from vegetated areas using
Infrastructure Engineer
enter the storm systems
handouts.
through improper
application
4
Inspect street operations
Make a weekly inspection of those areas where
facility to ensure that all
chemicals used in the street operations are
stored chemicals are
properly stored and secured against spillage.
Street Superintendent
properly contained and any
,spill otential is minimized.
5
Inform vendors with City
Inspect each vendor's work site in the City and
contracts to practice good
evaluate the degree of compliance.
Stormwater & Land
site housekeepingDevelopment
Engineer
6
Review the current spill
Make an annual review of the responses to spills
response program for its
and evaluate the outcome of each one.
Infrastructure E'ngineer
effectiveness and adjust
accordingly
7
Review and evaluate the
Records will be kept of the volume of materials
effectiveness of the street
picked up by the street sweeping equipment and
sweeping program and
presented in an annual report.
Streets Superintendent
adjust accordingly_
8
Review of municipality
Conduct annual review ofthe industrial activities
owned or operated
with a Phase I NI'DES stornwater permit owned
regulated industrial
and operated by the permittee. Review the
activities
following aspects: the Stormwater Pollution
Infrastructure Engineer
I revention Plan where one is required, the
timeliness of any monitoring reports required by
the Phase I permit, and the results of inspections
and subsequent follow-up actions at the facilities.
24
•
•
•
Appendix B
EROSION AND SEDIMENTATION CONTROL
ORDINANCE
25
EFFECTIVE JULY I, 2003
• AN ORDINANCE TO AMEND
TITLE XV OF THE CITY OF MONROE
CODE OF ORDINANCES
0-2002-18
BE IT ORDAINED by the City Council of the City of Monroe that Title XV of the City
of Monroe Code of Ordinances be amended to add Chapter 158, Erosion and Sedimentation
Control, as follows:
Section 1. TITLE XV, LAND USAGE
ADD:
•
CHAPTER 158: EROSION AND SEDIMENTATION CONTROL
PREAMBLE
158.01 PURPOSE
158.02 JURISDICTION
158.03 DEFINITIONS
158.04 EXCLUSIONS
158.05 GENERAL REQUIREMENTS AND OBJECTIVES
158.06 MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITIES
158.07 DESIGN AND PERFORMANCE STANDARDS
158.08 STORMWATER OUTLET PROTECTION
158.09 BORROW AND WASTE AREAS
158.10 ACCESS AND HAUL ROADS
158.11 OPERATIONS IN LAKES OR NATURAL WATERCOURSES
158.12 RESPONSIBILITY FOR MAINTENANCE
158.13 ADDITIONAL MEASURES
158.14 EXISTING UNCOVERED AREAS
158.15 PERMITS
158.16 EROSION AND SEDIMENTATION CONTROL PLANS
158.17 INSPECTIONS AND INVESTIGATIONS
158.18 PENALTIES
158.19 INJUNCTIVE RELIEF
158.20 RESTORATION OF AREAS AFFECTED BY FAILURE TO COMPLY
158.21 APPEALS
158.22 SEVERABILITY
158.23 EFFECTIVE DATE
CHAPTER 15 8 EROSION AND SEDIMENTATION •
CONTROL
PREAMBLE
The sedimentation of streams, lakes and other waters of this State constitute a major pollution
problem. Sedimentation occurs from the erosion or depositing of soil and other materials into the
waters, principally from construction sites and road maintenance. The continued development of
this City will result in an intensification of pollution through sedimentation unless timely and
appropriate action is taken. Control of erosion and sedimentation is deemed vital to the public
interest and necessary to the public health and welfare, and expenditures of funds for erosion and
sedimentation control programs shall be deemed for a public purpose. It is the purpose of this
Article to provide for the creation, administration, and enforcement of a program and for the
adoption of minimal mandatory standards which will permit development of this City to continue
with the least detrimental effects from pollution by sedimentation.
§t58.01 PURPOSE. This Section is adopted for the purpose of:
(1) Regulating certain land -disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and
(2) Establishing procedures through which these purposes can be fulfilled. 0
§158.02 JURISDICTION.
This Section is hereby adopted by the City Council to apply to all areas within the corporate
limits of the City of Monroe and its extraterritorial jurisdiction (ETJ).
Where a conflict exists between any limitation or requirement contained in this Ordinance and
those in any other ordinance, regulation, or plan, the more restrictive limitation or requirement
shall apply. Except as otherwise provided herein, this ordinance shall not repeal, abrogate, or
revoke any other ordinance, regulation, or plan.
§158.03 DEFINITIONS.
The words and phrases used in this Section shall have the meaning assigned in this Section
provided, unless the context clearly indicates otherwise. These definitions are derived from the
North Carolina Sedimentation Control regulations, 15A NCAC § 4A.005 and the Sedimentation
Pollution Control Act of 1973, NCGS § l 13A-52.
Accelerated Erosion — means any increase over the rate of natural erosion as a result of land
disturbing activity.
Act — means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and •
orders adopted pursuant to it, as amended from time to time.
0-2002-18
• Adequate Erosion Control Measure, Structure, or Device — means one which controls the soil
material within the land area under responsible control of the person conducting the land -
disturbing activity, as such'controls'are specified in the Ordinance.
Affiliate — a person that directly or indirectly, through one or more intermediaries, controls, is
controlled by, or is under common control of another person.
Being Conducted — means a land -disturbing activity has been initiated and permanent
stabilization of the site has not been completed.
Borrow — means fill material which is required for on -site construction and is obtained from
other locations.
Buffer Zone — means the strip of land adjacent to a lake or natural watercourse.
City — means City of Monroe
City Council — means the City of Monroe City Council.
City of Monroe Erosion Control Specialist/ Erosion Control Specialist/ Specialist — includes
the City of Monroe Engineering Director, who is principally responsible for the administration of
this Section, or his duly authorized designee. This term shall also include any persons, agents or
other representatives of the City as authorized by the Engineering Director.
. Completion of Construction or Development — means that no further land -disturbing activity
is required on a phase of a project except that which is necessary for establishing a permanent
ground cover.
Commission -- means the North Carolina Sedimentation Control Commission.
Discharge Point — means that point at which runoff leaves a tract.
District —means the Union Soil and Water Conservation District (also referred to as the
"SWCD") created pursuant to Chapter 139 of the North Carolina Statutes.
Energy Dissipator — means a structure or a shaped channel section with mechanical armoring
placed at the outlet of pipes or conduits to receive and break down the energy from high velocity
flow.
Engineering Department— means the City of Monroe Engineering Department.
Erosion — means the wearing away of land surface by the action of wind, water, gravity, or any
combination thereof.
Ground Cover — means any natural vegetative growth or other material which renders the soil
surface stable against accelerated erosion.
SLake or Natural Watercourse — means any stream, river, brook, swamp, creek, run, branch,
and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or
carried in suspension, and which could be damaged by accumulation of sediment.
0-2002.18
Land -Disturbing Activity — means any use of the land by any person in residential, industrial,
educational, institutional, or commercial development, highways and road construction and
maintenance that results in a change in the natural cover or topography and that may cause or
contribute to sedimentation.
Local Government — means any county, village, town, or city, or any combination of counties,
villages, towns and cities acting through a joint program with the City pursuant to the provisions
of the Act.
NCSCC — means the North Carolina Sedimentation Control Commission.
Natural Erosion — means the wearing away of the earth's surface by water, wind or other
natural agents under natural environmental conditions undisturbed by man.
Parent — an affiliate that directly or indirectly, through one or more intermediaries, controls
another Person.
Person — means any individual, partnership, firm, association, joint venture, public or private
corporation, trust, estate, commission, board, public or private institution, utility, cooperative,
interstate body, or other legal entity.
Person Conducting Land -Disturbing Activity — means any person who may be held
responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any
order adopted pursuant to this Ordinance or the Act.
Person Responsible for the Violation — as used in this Ordinance, and G.S. 113A-64 means:
(1) The developer or other person who has or holds themselves out as having financial or
operational control over the land -disturbing activity; and/or
(2) The landowner or person in possession or control of the land who has directly or
indirectly allowed the land -disturbing activity or has benefited from it or has failed to
comply with any provision of this Ordinance, the Act, or any order adopted pursuant to
this Ordinance or the Act.
Phase of Grading — means one of two types of grading, rough or fine.
Plan — means a complete Erosion and Sedimentation Control Plan.
Sediment — means solid particulate matter, both mineral and organic, that has been or is being
transported by water, air, gravity, or ice from its site of origin.
Sedimentation — means the process by which sediment resulting from accelerated erosion has
been or is being transported off the site of the land -disturbing activity or into a lake or natural
watercourse.
Siltation — means sediment resulting from accelerated erosion which is removable by properly
designed, constructed, and maintained control measures; and which has been transported from its .
point of origin within the site of a land -disturbing activity; and which has been deposited in or is
in suspension in water.
0-2002-18
IS Storm Drainage Facilities — means the system of inlets, conduits, channels, ditches and
appurtenances which serve to collect and convey storm water through and from a given drainage
area. ,, ,
Storm Water Runoff — means the direct runoff of water resulting from precipitation in any
form.
Subsidiary —an Affiliate that is directly or indirectly, through one or more intermediaries,
controlled by another person.
SWCD/ Union SWCD — means the Union Soil and Water Conservation District.
Ten -Year Storm — means the surface runoff resulting from a rainfall of an intensity expected to
be equaled or exceeded, on the average, once in ten years, and of a duration which will produce
the maximum peak rate of runoff, for the watershed of interest under average antecedent wetness
conditions.
Tract — means all contiguous land and bodies of water being disturbed or to be disturbed as a
unit, regardless of ownership.
Twenty-five Year Storm — means the surface runoff resulting from a rainfall of an intensity
expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which
will produce the maximum peak rate of runoff, from the watershed of interest under average
• antecedent wetness conditions.
Two -Year Storm — means the surface runoff resulting from a rainfall of an intensity expected to
be equaled or exceeded, on the average, once in 2 years, and of a duration which will produce the
maximum peak rate of runoff, from the Watershed of interest under average antecedent wetness
conditions.
Uncover(s)(ed)(ing) — means the removal of ground cover from, on, or above the soil surface.
Undertaken — means the initiating of an activity, or phase of activity, which results or will result
in a change in the ground cover or topography of a tract.
Veloeity(ies) — means the average speed of flow through the cross section of the main channel at
the peak flow of the storm of interest. The cross section of the main channel shall be that area
defined by the geometry of the channel plus the area of flow below the flood height defined by
vertical lines at the main channel banks` Overload flows are not to be included for the purpose of
computing velocity of flow.
Waste — means surplus materials resulting from on -site construction and disposed of at locations
either on or off site other than the initial source of the materials.
Watershed — means the region drained by or contributing water to a stream, lake or other body
of water.
• Working Days — means days exclusive of Saturday and Sunday during which weather
conditions or soil conditions permit land -disturbing activity to be undertaken.
0-2002-1 B
§158.04 EXCLUSIONS.
This Section shall not apply to the following land -disturbing activities:
(1) Activities, including the breeding and grazing of livestock, undertaken on agricultural
land for the production of plants and animals useful to persons, including, but not
limited to:
(a) Forages and sod crops, grains and feed coops, tobacco, cotton and peanuts.
(b) Dairy animals and dairy products.
(c) Poultry and poultry products.
(d) Livcstock, including beef cattle, sheep, swine, horses, ponies, mules, and goats.
(e) Bees and apiary products.
(f) Fur producing animals.
•
(2) Activities undertaken on forestland for the production and harvesting of timber and
timber products and conducted in accordance with best management practices set out
in Forest Practice Guidelines Related to Water Quality, as adopted by the North
Carolina Department of Environment and Natural Resources. If land -disturbing
activity undertaken on forestland for the production and harvesting of timber and e
timber products is not conducted in accordance with Forest Practice Guidelines
Related to Water Quality, the provisions of this Ordinance shall apply to such activity
and any related land -disturbing activity on the tract.
(3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statutes.
(4) Land -disturbing activity over which the State has exclusive regulatory jurisdiction as
provided in G.S. 113A-5b(a).
(5) For the duration of an emergency, activities essential to protect human life.
§158.05 GENERAL REQUIREMENTS AND OBJECTIVES.
(A) Plan Required. No Person shall initiate any land -disturbing activity which uncovers
more than twelve thousand (12,000) square feet of land for commercial, industrial, or subdivision
development without having a plan approved by the City of Monroe Erosion Control Specialist.
Land -disturbing activities resulting from single-family residential development on an individual
lot which disturbs one (1) acre of land or less are excluded from plan submittal and approval,
provided that erosion control devices are installed in accordance with the details for residential
lot development found in the City of Monroe Standard Specifications and Detail Manual.
Single-family residential development exceeding one (1) acre of land disturbed will be required
to submit for plan approval. Land -disturbing activities resulting from single-family residential .
development on multiple contiguous lots which disturb a total of one (1) acre of land or less may
conduct such activity with a single approved plan encompassing all the lots or with separate
approved ESC installation and Maintenance Agreements for each lot.
0-2002-18
(B) ESC Installation and Maintenance Agreement Required. No person shall initiate any
Land -Disturbing Activity for the purpose of new single-family residential development on an
individual lot to a maximum of one (1) acre, without having an ESC Installation and
Maintenance Agreement approved by the City of Monroe Erosion Control Specialist.
(C) Deleted effective July 1, 2003
(D) Protection of Property. Persons conducting land -disturbing activity shall take all
reasonable measures to protect all public and private property from damage caused by such
activity.
(E) Basic Control Objectives. A plan may be disapproved pursuant to Section 158.16 of this
Ordinance if the plan fails to address the following control objectives:
(1) Identify Critical Areas — On -site areas which are subject to severe erosion, and off -
site areas which are especially vulnerable to damage from erosion and/or
sedimentation, are to be identified and receive special attention.
(2) Limit Time of Exposure — All land -disturbing activity is to be planned and conducted
to limit exposure to the shortest feasible time.
(3) Limit Exposed Areas — All land -disturbing activity is to be planned and conducted to
minimize the size of the area to be exposed at any one time.
•
(4) Control Surface Water — Surface water runoff originating upgrade of exposed areas
should be controlled to reduce erosion and sediment loss during the period of
exposure.
(5) Control Sedimentation — All land -disturbing activity is to be planned and conducted
so as to prevent off -site sedimentation damage.
(6) Manage Storm Water Runoff — When the increase in the velocity of storm water
runoff resulting from a land -disturbing activity is sufficient to cause accelerated
erosion of the receiving watercourse, plans are to include measures to control the
velocity to the point of discharge so as to minimize accelerated erosion of the site and
increased sedimentation of the stream.
§158.06 MANDATORY STANDARDS FOR LAND DISTURBING ACTIVITIES.
No land -disturbing activity subject to the control of this Ordinance shall be undertaken except in
accordance with the following mandatory standard:
(A) Buffer Zone.
(1) No land -disturbing activity during periods of construction or improvement to land
shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is
O provided along the margin of the watercourse of sufficient width to confine visible
siltation within the twenty-five percent (25%) of the buffer zone nearest the land -
disturbing activity.
0-2002.18
(2) Unless otherwise provided, the width of the buffer zone begins and is measured
landward from the normal pool elevation of impounded structures (lakes) to the •
Tnearest edge of the disturbed area and/ or five feet from the edge of the top of the
bank of streams or rivers to the nearest edge of the disturbed area. Natural or artificial
means of confining visible siltation must be placed, constructed or installed outside
the undisturbed buffer zone.
(3) For any watercourse, where more than one stream buffer width is imposed by City of
Monroe Code of Ordinance or other local, state or federal law(s), rule(s), or
regulation(s), the greater buffer width stipulated shall apply.
(B) Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than
the angle which can be retained by vegetative cover or other adequate erosion control devices or
structures. In any event, slopes left exposed will, within 15 working days of completion of any
phase of grading, be planted or otherwise be provided with ground cover, devices, or structures
sufficient to restrain erosion.
(C) Ground Cover. Whenever more than twelve thousand (12,000) square feet of land is
uncovered or new residential development on an individual lot is initiated, the person conducting
the land -disturbing activity shall install such sedimentation and erosion control devices and
practices as are sufficient to retain the sediment generated by the land -disturbing activity within
the boundaries of the tract during construction upon and development of said tract, and shall
plant or otherwise provide a permanent ground cover sufficient to restrain erosion after
completion of construction or development. Provisions for a ground cover sufficient to restrain
erosion must be accomplished within - 15 working days or 60 calendar days, whichever is shorter •
following completion of construction or development.
(D) Prior Plan Approval .No Person shall initiate any land -disturbing activity on a tract if
more than twelve thousand (12,000) square feet of land is to be uncovered, excluding single-
family residential development in accordance with Subsection 158.05(B), unless, thirty or more
days prior to initiating the activity, a plan is filed with and approved by the City of Monroe
Erosion Control Specialist. The Erosion Control Specialist shall forward to the North Carolina
Director of the Division of Water Quality a copy of each plan for a land -disturbing activity that
involves the utilization of ditches for the purpose of de watering or lowering the water table of
the tract.
(E) Zoning Permits. Any person requesting a grading permit in association with a land -
disturbing activity on a tract which involves the uncovering of more than twelve thousand
(12,000) square feet of land or new residential development on an individual lot, shall be
required to have an approved Erosion and Sedimentation Control Plan or ESC Installation and
Maintenance Agreement in accordance with this Ordinance.
§158.07 DESIGN AND PERFORMANCE STANDARDS.
Erosion and sedimentation control measures, structures, and devices shall be so planned,
designed, and constructed as to provide protection from the calculated maximum peak rate of
storm water runoff from the ten-year storm. Storm water runoff rates shall be calculated using
the procedures in the USDA, Natural Resources Conservation Service's "National Engineering
Field Manual for Conservation Practices," or other acceptable calculation procedures. e
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S§158.08 STORMWATER OUTLET PROTECTION.
(A) Persons shall conduct land -disturbing activity so that the post -construction velocity of the
ten- year storm runoff in the receiving watercourse to the discharge point does not exceed the
greater of:
•
(1) The velocity established in Table 158.08-1 of this Section; or
(2) The velocity of the ten-year storm runoff in the receiving watercourse prior to the
land -disturbing activity.
(B) If the conditions of Section 158.08 (A) cannot be met, then the receiving watercourse to
and including the discharge point shall be designed and constructed to withstand the expected
velocity anywhere the velocity exceeds the "prior to land -disturbing activity" velocity by ten
percent (10%).
(C) Acceptable Management Measures. Measures applied alone or in combination to
satisfy the intent of this section are acceptable if there are no objectionable secondary
consequences. The City recognizes that the management of storm water runoff to minimize or
control downstream channel and bank erosion is a developing technology. Innovative techniques
and ideas will be considered and may be used when shown to have the potential to produce
successful results. Some alternatives are to:
(1) Avoid increases in surface runoff volume and velocity by including measures to
promote infiltration to compensate for increased runoff from areas rendered impervious.
(2) Avoid increases in storm water runoff discharge velocities by using vegetated or
roughened swales and waterways in lieu of closed drains and high velocity paved
sections.
(3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge. These may range from simple rip -rapped sections to
complex structures.
(4) Protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion -resistant lining.
(D) Exceptions. This rule shall not apply where it can be demonstrated that storm water
discharge velocities will not create an erosion problem in the receiving watercourse.
(E) Maximum permissible velocity for storm water discharges shall be regulated in
accordance with Table 158.08-1.
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Table 158.08-1 Maximum Permissible Velocities
Feet/
Meters/
-Material
Second
Fine sand (noncolloidal)
Secolld
2.5
0.8
Sandy loam (noncolloidal)
2.5
0.8
Silt loam (noncolloidal)
3.0
0.9
Ordinary firm loam
3.5
1.1
Fine gravel.
5.0
1.5
Stiff clay (very colloidal)
5.0
1.5
Graded, loam to cobbles (noncolloidal)
5.0
1.5
Graded, silt to cobbles (colloidal)
5.5
1.7
Alluvial silts (noncolloidal)
3.5
1.1
Alluvial silts (colloidal)
5.0
L5
Coarse gravel (noncolloidal)
6.0
1.8
Cobbles and shingles
5.5
1.7
Shales and hard pans
6.0
1.8
Source - Adapted from recommendations by Special Committee on Irrigation Research,
American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous
channels, multiply allowable Velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous
channels, and by 0.8 for highly sinuous channels.
§158.09 BORROW AND WASTE AREAS.
When the Person conducting the land -disturbing activity is also the person conducting the
borrow or waste disposal activity, areas from which borrow is obtained and which are not
regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials
other than landfills regulated by the North Carolina Department of Environment and Natural
Resources's Division of Solid Waste Management, shall be considered as part of the land -
disturbing activity where the borrow material is being used or from which the waste material
originated. When the person conducting the land -disturbing activity is not the person obtaining
the borrow and/or disposing of the waste, these areas shall be considered a separate land -
disturbing activity.
§158.10 ACCESS AND HAUL ROADS.
Temporary access and haul roads, other than public roads, constructed or used in connection with
any land -disturbing activity shall be considered a part of such activity.
§158.11 OPERATIONS IN LAKES OR NATURAL WATERCOURSES.
Land -disturbing activity in connection with construction in, on, over, or under a lake or natural
watercourse shall be planned and conducted in such a manner as to minimize the extent and
duration of disturbance of the stream channel. The relocation of a lake, stream or other
•
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watercourse where relocation is an essential part of the proposed activity, shall be planned and
executed so as to minimize changes in the lake, stream or other watercourse flow characteristics,
except when justification acceptable to the City for significant alteration to flow characteristic is
provided.
§158.12 RESPONSIBILITY FOR MAINTENANCE.
During the development of a site, the person conducting the land -disturbing activity shall install
and maintain all temporary and permanent erosion and sedimentation control measures as
required by the approved plan or any provision of this Ordinance or the Act, or any order
adopted pursuant to this Ordinance or the Act. After site development, the landowner or person
in possession of the land shall install and/or maintain all necessary permanent erosion and
sediment control measures, except those measures installed within a road or street right-of-way
or easement accepted for maintenance by a governmental agency.
§158.13 ADDITIONAL MEASURES.
Whenever the City of Monroe Erosion Control Specialist determines that significant
sedimentation is occurring as a result of land -disturbing activity, despite application and
maintenance of protective practices, the person conducting the land -disturbing activity will be
required to and shall take additional protective action.
§158.14 EXISTING UNCOVERED AREAS.
(A) All uncovered areas existing on the effective date of this Ordinance which resulted from
land -disturbing activity which exceed one (1) acre of land, that are subject to continued
accelerated erosion and are causing off -site damage from sedimentation, shall be provided with a
ground cover or other protective measures, structures, or devices sufficient to restrain accelerated
erosion and control off -site sedimentation.
(B) The City of Monroe Erosion Control Specialist will serve upon the landowner or other
person in possession or control of that land a written notice of violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give actual notice. The
notice will set forth the measures needed to comply, and will state the time within which such
measures must be completed. In determining the measures required and the time allowed for
compliance, the Erosion Control Specialist shall take into consideration the economic feasibility,
technology, and quantity of work required, and shall set reasonable and attainable time limits of
compliance.
(C) The City of Monroe Erosion Control Specialist reserves the right to require preparation
and approval of a plan in any instance where extensive control measures are required.
§158.15 PERMITS.
(A) No person shall undertake any land -disturbing activity subject to this Ordinance without
having first obtained a Plan Certificate and Letter of Approval or ESC Installation and
Maintenance Agreement Approval from the City of Monroe Erosion Control Specialist, except
that no flan Certificate and Letter of Approval or ESC Installation and Maintenance Agreement
Approval shall be required for any Land -Disturbing Activity:
(1) For the purpose of fighting fires; or
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(2) For the stock piling of raw or processed sand, stone, or gravel in material processing
plants and storage yards, provided that sediment control measures have been utilized
to protect against off -site damage; or 0
(3) That does not disturb more than twelve thousand (12,000) square feet in surface area.
In determining the area, lands under one or diverse ownership being developed as a
unit will be aggregated.
(B) Although a Plan Certificate and Letter of Approval is not required for land -disturbing
activity comprising less than twelve thousand (12,000) square feet of land or less than one (1)
acre for residential projects, such activity shall be subject to all other requirements of this
Ordinance and any other applicable standards or ordinances adopted by the City of Monroe.
(C) Submittals for erosion and sediment control plan approval and erosion control inspections
shall be subject to any and all relevant fees as adopted by the City Council and prescribed in the
City of Monroe Code of Ordinances. Fees shall accompany plan submittals, otherwise the
submittal shall be determined incomplete and shall be returned to the applicant.
§158.16 EROSION AND SEDIMENTATION CONTROL PLANS.
(A) Persons conducting land -disturbing activity shall be responsible for preparing a plan for
all land -disturbing activities subject to this Ordinance whenever the proposed activity is to be
undertaken on a tract disturbing more than twelve thousand (12,000) square feet of land,
excluding single-family residential development addressed in Section 158.05 (B).
(B) Three complete copies of the plan shall be filed with the City of Monroe Erosion Control •
Specialist in the office of the City of Monroe Engineering Department at least thirty (30) days
prior to the commencement of the proposed activity. A fee, made payable to the City of Monroe,
shall be charged for each plan review. Such fee shall be in accordance with a fee schedule
adopted by the City of Monroe City Council. No plan shall be considered complete unless
accompanied by such fee.
(C) The City of Monroe Erosion Control Specialist shall transmit a copy of the complete plan
to the Union Soil and Water Conservation District (SWCD) for their review. The SWCD shall be
given up to twenty (20) days to make comment on the plan. Failure of the SWCD to submit its
comments to the City of Monroe Erosion Control Specialist within such time period shall not
delay final action on the proposed plan by the City of Monroe Erosion Control Specialist.
(D) The City of Monroe Erosion Control Specialist shall render a decision on a plan within
thirty (30) days of submittal. The City of Monroe Erosion Control Specialist shall condition
approval of a draft plan upon the applicants' compliance with local, state and federal water
quality laws, regulations, ordinances and rules. Such decision shall be approval, approval with
modifications, approval with performance reservations, or disapproval. Failure to approve,
approve with modifications or performance reservations, or disapprove a complete plan within
thirty (30) days of receipt shall be deemed approval.
(E) Any final decision made pertaining to the proposed plan shall be filed in the City of
Monroe Engineering Department (or as otherwise designated by the City) and sent to the
applicant by first class mail.
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(F) Denial of a plan or a revised plan must specifically state in writing the reasons for
disapproval. The City of Monroe Erosion Control Specialist must approve, approve with
modifications, or disapprove a revised plan within fifteen (15) days of receipt, or it is deemed to
be approved.
(G) Activities indicated on approved plans not completed within eighteen (1 S) months of the
date of the City of Monroe Erosion Control Specialist's approval shall also be deemed null and
void. If, following commencement of a land -disturbing activity pursuant to an approved plan, the
City of Monroe Erosion Control Specialist determines that the plan is inadequate to meet the
requirements of this Ordinance, the Erosion Control Specialist may require any revision of the
plan that is necessary to comply with this Ordinance.
(H) Persons conducting land -disturbing activities which are addressed by Section 158.16
shall have secured a Plan Certificate and Letter of Approval (in accordance with procedures
described herein) before any land -disturbing activities commence. A copy of the approved plan
and the Certificate of Plan Approval shall be maintained at the job site by the persons conducting
the land -disturbing activity. After approving the plan, if the City of Monroe Erosion Control
Specialist, either upon review of such plan or on inspection of the job site, determines that a
significant risk of accelerated erosion or off -site sedimentation exists, the Specialist may require
that a revised plan be submitted. Pending the preparation and approval of the revised plan, work
shall cease or shall continue under conditions outlined by the Erosion Control Specialist.
(I) A plan may be disapproved unless accompanied by an authorized statement of financial
responsibility and ownership. This statement shall be signed by the person financially
responsible for the land -disturbing activity or their attorney -in -fact. The statement shall include
the mailing and street addresses of the principal place of business of the person financially
responsible and of the owner of the land or their registered agents. If the person financially
responsible is not a resident of North Carolina, a North Carolina agent must be designated in the
statement for the purpose of receiving notice of compliance or non-compliance with the plan, the
Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance.
(J) The person submitting a plan to the City of Monroe Erosion Control Specialist is, prior to
submission of the plan, solely and exclusively responsible for determining whether the proposed
land -disturbing activities require any form of state or federal environmental certification or
documentation. Any plan submitted for a land -disturbing activity for which an environmental
document is required by the North Carolina Environmental Policy Act (G.S. I I3A-1, et seq.)
shall be deemed incomplete until a complete environmental document is available for City
review. The City of Monroe Erosion Control Specialist, upon discovery that an environmental
certification or documentation is required but was not obtained, shall promptly notify the person
submitting the plan that the thirty (30) day time limit for review of the plan pursuant to Section
158.16 (D) of this Ordinance shall not begin until a complete environmental document or
certificate is available for review by the City of Monroe Erosion Control Specialist. However, no
term or condition in the Ordinance shall be interpreted to place the burden for determining the
necessity for an environmental certificate or documentation upon the City of Monroe Erosion
Control Specialist, and the person submitting the plan, as well as any other persons specified by
. law, rule or regulation, shall remain solely and exclusively responsible for such determination.
(K) The plan required by this section shall contain architectural and engineering drawings,
maps, assumptions, calculations, and narrative statements as needed to adequately describe the
proposed development of the tract and the measures planned to comply with the requirements of
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this Ordinance. Any erosion and sediment control measures and/or devices must be drawn to
scale and contour when deemed applicable by the City of Monroe Erosion Control Specialist.
Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for
plan preparation shall be found in the City of Monroe Standard Specifications and Detail
Manual. The Erosion Control Specialist shall automatically disapprove a plan if it is determined
that implementation of the plan would result in a violation of rules adopted by the Environmental
Management Commission to protect riparian buffers along surface waters.
(L) A plan may be disapproved upon a finding that an applicant, or a parent, subsidiary, or
other affiliate of the applicant:
(1) Is conducting or has conducted land -disturbing activity without an approved plan, or
has received notice of violation of a plan previously approved by the NCSCC or the
City pursuant to the Act and has not complied with the notice within the time
specified in the notice.
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance
adopted pursuant to the Act by the time the payment is due.
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal
provision of a local ordinance adopted pursuant to the Act; or
(4) Has failed to substantially comply with applicable local, State or Federal laws,
regulations, rules or ordinances adopted pursuant to the Act. For purposes of this
subsection 15$.16 (L), an applicant's record may be considered for only the two (2)
years prior to the application date.
(M) Applications for amendment of a plan in written and/or graphic form may be made at any
time under the same format as the original application. Until such time as said amendment is
approved by City of Monroe Erosion Control Specialist, land -disturbing activity shall not
proceed except in accordance with the plan as originally approved.
(N) Any person engaged in land -disturbing activity who fails to file a plan in accordance with
this Ordinance, or who conducts a land -disturbing activity except in accordance with provisions
of an approved plan shall be deemed in violation of this Ordinance.
§158.17 INSPECTIONS AND INVESTIGATIONS.
(A) The City of Monroe Erosion Control Specialist will periodically inspect land -disturbing
activities to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance, and to determine whether the measures required in the plan are
effective in controlling erosion and sediment resulting from land -disturbing activity. Notice of
the right to inspect shall be included in the certificate of approval of each plan.
(B) No person shall willfully resist, delay, or obstruct the City of Monroe Erosion Control
Specialist, while inspecting or attempting to inspect a land -disturbing activity under this section.
(C) If it is determined that a person engaged in the land -disturbing activity has failed to .
comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this
Ordinance, or has failed to comply with an approved plan, a notice of violation shall be served
upon that person. The notice shall be served by registered or certified mail or by any means
0-2002-18
authorized under GS lA-1, Rule 4. The Notice of Violation shall specify a date by which, or a
cure period within which, the person must comply with this Ordinance, and inform the person of
the actions that need to be taken to comply with this Ordinance. The Notice shall set forth the
measures necessary to achieve compliance with the plan, specify a reasonable time period within
which such measures shall be completed, and warn that failure to correct the violation within the
time period stated is subject to a civil penalty and other enforcement actions. However, no time
period for compliance need be given for failure to submit a plan for approval, for obstructing,
hampering or interfering with an authorized representative while in the process of carrying out
his official duties, or for the penalty that may be assessed pursuant to this Ordinance for the day
the violation is assessed by the City of Monroe Erosion Control Specialist. Any person who fails
to comply within the time specified in the Notice is subject to additional civil and criminal
penalties for a continuing violation as provided in this Ordinance.
(D) The City of Monroe Erosion Control Specialist shall have the power to conduct such
investigation as may be reasonably deemed necessary to carry out duties as prescribed in this
ordinance, and for this purpose to enter at reasonable times upon any property, public or private,
for the purpose of investigating and inspecting the sites of any land -disturbing activity. No
person shall refuse entry or access to the City of Monroe Erosion Control Specialist who requests
entry for purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper, or interfere with any such representative while in the process of carrying out
their official duties as provided in this Ordinance.
(E) The City of Monroe Erosion Control Specialist shall also have the power to require
written statements, or the filing of reports under oath, with respect to pertinent questions relating
to land -disturbing activity.
(F) On any tract on which five (5) or more acres are disturbed, the person conducting land -
disturbing activity will be responsible for self inspection of erosion and sedimentation control
facilities at least once every seven (7) days or within 24 hours of a storm event of greater than
0.5 inches of rain per 24-hour period.
§158.18 PENALTIES.
(A) Civil Penalties.
(1) Any person who violates any of the provisions of the applicable State, Federal or local
laws, rules, regulations or ordinances, including this Ordinance, or rules or orders
adopted or issued pursuant to applicable State, Federal or local laws, rules,
regulations or ordinances, including this Ordinance, or who initiates or continues a
land -disturbing activity for which a plan is required except in accordance with the
terms, conditions, and provisions of an approved plan, is subject to a civil penalty. A
person may be immediately assessed a maximum civil penalty of up to $5,000 on the
date any violation is first assessed by the City of Monroe Erosion Control Specialist.
An additional maximum civil penalty of up to $5,000 per day may be assessed by the
City of Monroe Erosion Control Specialist from the day following the date of initial
assessment of a violation, if the cure period provided in the Notice of Violation is not
met. If a civil penalty is not assessed immediately on the date of assessment of a
violation, the City of Monroe Erosion Control Specialist is not precluded from later
assessing a penalty for that date in addition to other penalties (if any). Penalties are
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due and payable immediately upon assessment unless a cure period has been
'A provided, in which case the penalties attributed to any uncured actions (or failures to
`{ act) covered by the cure period are due and payable immediately following failure to
cure and lapse of the cure period. Penalties continue to accrue until the applicable
violations are corrected.
(2) The City of Monroe Erosion Control Specialist shall determine the amount of the civil
penalty within established guidelines and shall notify the person who is assessed the
civil penalty of the amount of the penalty and the reason for assessing the penalty.
The notice of assessment shall be served by any means authorized under G.S. IA -I,
Rule 4, and shall direct the violator to either pay the assessment or contest the
assessment as provided in this Ordinance. If a violator does not pay a civil penalty
assessed by the City of Monroe Erosion Control Specialist within 30 days after it is
due, the Specialist may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the General Court of Justice of any
county where the violation occurred or the violator's residence or principal place of
business is located. A civil action must be filed within three years of the date the
assessment was due. An assessment that is not contested is due immediately when the
violator is served with a notice of assessment. An assessment that is contested by the
recipient continues to accrue pending appeal, so long as the violation continues.
(3) The maximum civil penalty for a violation is Five Thousand Dollars ($5,000.00) per
day. The notice of violation shall describe the violation with reasonable particularity,
specify a permitted cure period within which the violation is to be corrected, and
warn that failure to correct the violation within the prescribed cure period may result
in the assessment of a civil penalty(ies) (or assessment of additional civil penalties, as
the case may be) and other available enforcement action(s). Permitted cure periods
for violations begin the day following the initial date such violation is first assessed.
If, after the cure period has expired, the violator has not completed the prescribed
corrective action, a civil penalty(ies) may be retroactively assessed on a daily basis,
from and including the date the violation was assessed. Each day of continuing
violation shall constitute a separate violation.
(4) No cure period for compliance need be given for any violation (including without
limitation, a failure to submit a plan for approval or for obstructing, hampering or
interfering with an authorized representative while in the process of carrying out his
official duties) prior to assessment of an initial civil penalty for the day the violation
is detected, up to the maximum amount permitted per day.
(5) In determining the amount of the penalty, items which may be considered are the
degree and extent of harm caused by the violation, the cost of rectifying the damage,
the amount of money the violator saved by non-compliance, whether the violation
was committed willfully and the prior record of the violator in complying with or
failing to comply with this Ordinance.
(6) Civil penalties collected by a local government under this subsection shall be credited
to the general fund of the local government as non -tax revenue.
(B) Criminal Penalties. Any Person who knowingly or willfully violates any provision of
this Ordinance, or rule, regulation or order adopted or issued pursuant to this Ordinance,
or who knowingly or willfully initiates or continues a land -disturbing activity for which a
0-2002•18
plan is required, except in accordance with the terms, conditions, and provisions of an
approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed $5,000.00.
§158.19 INJUNCTIVE RELIEF.
(A) Whenever the City of Monroe Erosion Control Specialist has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any term, condition, or
provision of an approved plan, he/ she may, either before or after the institution of any other
action or proceeding authorized by this Ordinance, institute a civil action for injunctive relief to
restrain the violation or threatened violation. The action shall be brought in the General Court of
Justice of Union County.
(B) Upon determination by a court that an alleged violation is occurring or is threatened, the
court shall enter any order of judgment that is necessary to abate the violation, to ensure that
restoration is performed, or to prevent the threatened violation. The institution of an action for
injunctive relief under this section shall not relieve any party to the proceedings from any civil or
criminal penalty prescribed for violations of this Ordinance.
§158.20 RESTORATION OF AREAS AFFECTED BY FAILURE TO COMPLY.
The City of Monroe Erosion Control Specialist may require a person who engaged in a land -
disturbing activity and failed to retain sediment generated by the activity as required by
subsection 158.17 (B) to restore the waters and land affected by the failure so as to minimize the
• detrimental effects of the resulting pollution by sedimentation. This authority is in addition to
any other civil or criminal penalty or injunctive relief authorized under this Ordinance.
§158.21 APPEALS.
Procedures which constitute the appeals process, related to the following actions:
(A) Plan Approval With Modifications or Plan Disapproval. The appeal of an approval,
approval with modifications or disapproval of a plan made by the City of Monroe Erosion
Control Specialist with regard to this Ordinance shall be governed by the following provisions:
(1) The order of approval, disapproval, or modification of any proposed Plan made by the
City of Monroe Erosion Control Specialist shall entitle the Person challenging such
decision to a public hearing before the City of Monroe Board of Adjustment if such
Person submits written demand for a hearing and completes the necessary forms and
pays the required appeals fee within fifteen (15) days following the date the decision
was filed in the City of Monroe Engineering Department office or mailed to the
applicant, whichever date is later. Such written request and completed forms shall be
submitted to the Clerk of the Board of Adjustment or his designee. Norms shall be
available at the City of Monroe Administrative Office, or as directed by the City of
Monroe Erosion Control Specialist. A fee for such public hearing shall be in
accordance with a fee schedule adopted by the City of Monroe City Council. No
request shall be considered complete unless accompanied by such fee.
0
(2) Notice of the Board of Adjustment public hearing shall be sent by first class mail to
the applicant at least ten (10) days prior to the public hearing and to any person who
has submitted written request to receive such notice at least ten (10) days prior to the
0-200248
date of the public hearing. The hearing shall be held no later than thirty (30) days
after the date of receipt of said written request. 0
(3) A hearing shall be conducted by the Board of Adjustment. A concurring vote per the
Board of Adjustment's officially adopted by-laws will be necessary to reverse any
order, requirement, decision, or determination of any official charged with the
enforcement of this Ordinance, or to decide in favor of an appellant any matter upon
which is required to pass or to grant variance from the provisions of this Ordinance.
The City shall keep minutes of the proceedings, showing the votes of each member
upon each question and the attendance of each member at such hearings. The final
disposition of the City shall be based on findings of fact.
(4) A party dissatisfied with the decision of the Board of Adjustment following the public
hearing shall appeal such decision to the NCSCC pursuant to Title 15, Chapter 413,
Section .0018(d) of the North Carolina Administrative Code and as provided by NC
GS 133A-61(c).
(B) Plan Disapproval Due To Prior Violation, Unpaid Penalties, or Non-compliance. In
the event that a plan is disapproved pursuant to Subsection 158.16 (L) of this Ordinance, the City
of Monroe Erosion Control Specialist shall notify the Director of the Division of Land Resources
of such disapproval, along with the reasons therefore, within ten (10) days after the date of the
decision.
The City of Monroe Erosion Control Specialist shall advise the applicant and the Director of the
Division of Land Resources in writing as to the specific reasons that the plan was disapproved.
The applicant may appeal the City of Monroe Erosion Control Specialist's disapproval of the
plan pursuant to Subsection 158.16 (L) of this Ordinance directly to the NCSCC.
(C) Issuance of Notice of Violation, Penalties, or Order of Restoration. The appeal of
Issuance of Notice of Violation, Assessment of Civil Penalty, or Order of Restoration made by
the City of Monroe with regard to this Ordinance shall be governed by the following provisions:
(1) The issuance of a notice of violation, assessment of a civil penalty, or an order of
restoration by the City of Monroe Erosion Control Specialist shall entitle the person
alleged to be in violation of the Ordinance (petitioner) to appeal within thirty days by
filing a petition for a contested case with the State Office of Administrative Hearings
under Article 3 of Chapter 150B.
§158.22 SEVERABILITY. If any section or specific provision or standard of this ordinance is
found by a court to be unconstitutional or invalid for any reason, the decision of the court shall
not affect the validity of any other section, provision, or standard of these regulations, except the
provision in question. The other portions of these regulations not affected by the decision of the
court shall remain in full force and effect.
§158.23 EFFECTIVE DATE. This ordinance shall become effective July 1, 2002.
RETURNTO ENCINFERING HOME PAGE,
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S CHAPTER 159: STORMWA TER MANAGEMENT ORDINANCE
SECTION 1: GENERAL PROVISIONS.......................................................................... 6
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Title.................................................................................................................6
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Authority.........................................................................................................6
159-103
Findings-, .......................................................................................................
6
159-104
Purpose...........................................................................................................6
(A)
General...............................................................................................................6
(B)
Specific............................................................................................................... 7
159-105
Applicability and Jurisdiction........................................................................
8
(A)
General...............................................................................................................8
(B)
Exemptions........................................................................................................ S
(1)
Threshold........................................................................................................
8
(2)
General exemption..........................................................................................
8
(C)
No Development or Redevelopment Until Compliance and Permit ............. 8
(D)
Map.................................................................................................................... 9
159-106
Interpretation.................................................................................................
9
(A)
Meaning and Intent.......................................................................................... 9
(B)
Text Controls in Event of Conflict.................................................................. 9
(C)
Authority for Interpretation............................................................................ 9
(D)
References to Statutes, Regulations, and Documents .................................... 9
(E)
Computation of Time......................................................................................10
(F)
Dclegation of Authority..................................................................................10
(G)
Usage................................................................................................................10
(1)
Mandatory and Discretionary `herms............................................................
10
(2)
ConjUnCtions.................................................................................................
10
(3)
Tense, Plurals, and Gender...........................................................................
10
(IT)
Measurement and Computation....................................................................10
159-107
Design Manual.............................................................................................10
(A)
Reference to Design Manual..........................................................................10
(B)
Relationship of Design Manual to Other Laws and Regulations ...............11
(C)
Changes to Standards and Specifications.....................................................11
159-108
Relationship To Other Laws, Regulations And Private Agreements.........
11
(A)
Conflict of Laws..............................................................................................11
1
(B)
Private Agreements.........................................................................................
11
S
159-109
Severability...................................................................................................12
159-110
Effective Date and Transitional Provisions................................................12
(A)
Effective Date..................................................................................................12
(B)
Final Approvals, Complete Applications......................................................12
(C)
Violations Continue........................................................................................12
159-201
Review and Decision -Making Entities........................................................13
(A)
Stormwater Administrator............................................................................13
(1)
Designation...................................................................................................
13
(2)
Powers and Duties........................................................................................
13
159-202
Review Procedures.......................................................................................13
(A)
Permit Required; Must Apply for Permit....................................................13
(B)
Effect of Permit...............................................................................................14
(C)
Authority to File Applications.......................................................................14
(D)
Establishment of Application Requirements, Schedule, and Fees .............
14
(1)
Application Contents and Form....................................................................
14
(2)
Submission Schedule....................................................................................
14
(3)
Fees Required .............................................................................................
14
(4)
Administrative Manual.................................................................................
15
(E)
Submittal of Complete Application...............................................................
15
(F)
Review..............................................................................................................15
(1)
Approval.......................................................................................................
15
(2)
Fails to Comply.............................................................................................
15
(3)
Revision and Subsequent Review.................................................................
15
159-203
- Applications for Approval............................................................................16
(A)
Concept Plan and Consultation Meeting......................................................16
(1)
Existing Conditions/Proposed Site Plans ......................................................
16
(2)
Natural Resources Inventory.... ........... .........................................................
16
(3)
Stormwater Management System Concept Plan ...........................................
16
(B)
Stormwater Management Permit Application.............................................17
(C)
As -Built Plans and Final Approval...............................................................17
(D)
Other Permits..................................................................................................17
159-204
Participcation In A Regional Stormwater Management Facility..............18
(A)
Where Permitted.............................................................................................18
(B)
Use of Contributions.......................................................................................18
•
(C)
Fees Required..................................................................................................18
2
•
159-205
Approvals......................................................................................................18
(A)
Effect of Approval...........................................................................................18
(B)
Time Limit/Expiration...................................................................................19
159-206
Appeals.........................................................................................................19
(A)
Right of Appeal...............................................................................................19
(B)
Filing of Appeal and Procedures...................................................................19
(C)
Review by Superior Court.............................................................................19
SECTION3: STANDARDS............................................................................................
20
159-301
General Standards.......................................................................................
20
159-302
Impervious surface requirements................................................................
20
(A)
Setback Requirement.....................................................................................
20
(B)
No new impervious or partially pervious surface in floodplain .................
20
(C)
Development in Critical Area of Water Supply Watersheds ......................
20
159-303
Structural stormwater control requirements ...............................................
20
159-305
Standards for Stormwater Control Measures .............................................
21
(A)
Evaluation According to Contents of.Design Manual .................................
21
(B)
Determination of Adequacy; Presumptions and Alternatives ....................
21
(C)
Separation from Seasonal High Water Table ..............................................
21
159-306
Dedication of BMPs, Facilities & Improvements .......................................
22
159-307
Variances......................................................................................................22
159-308
Additional Water Quantity Control Standards ......................................
23
(A)
Applicability....................................................................................................
23
(B)
General Requirements....................................................................................
23
SECTION 4: MAINTENANCE.................................................................................... 24
159-401 General Standards for Maintenance........................................................... 24
(A) Function of BMPs As Intended...................................................................... 24
(B) Annual Maintenance Inspection and Report ............................................... 24
159-402 Operation and Maintenance Agreement..................................................... 25
(A) In General........................................................................................................ 25
(B) Special Requirement for Homeowners' and Other Associations ............... 26
• 159-403 Inspection Program..................................................................................... 27
3
159-404 Performance Security For Installation And Maintenance ........................ 27 is
(A) May Be Required............................................................................................ 27
(B) Amount............................................................................................................ 28
(1) Installation.................................................................................................... 28
(2) Maintenance..................................................................................................28
(C) Uses of Performance Security........................................................................ 28
(1) Forfeiture Provisions................................................................ ....28
(2) Default.......................................................................................................... 28
(3) Costs in Excess of Performance Security ..................................................... 28
(4) Refund...........................................................................................................29
159-405 Notice to owners........................................................................................... 29
(A) Deed Recordation and Indications On Plat .................................................. 29
(B) Signage............................................................................................................. 29
159-406 Records of Installation and Maintenance Activities ................................... 29
159-407 Nuisance.......................................................................................................29
SECTION 5: ENFORCEMENT AND VIOLATIONS .................................................. 30
(A) Authority to Enforce....................................................................................... 30
(B) Violation Unlawful.......................................................................................... 30 •
(C) Each Day a Separate Offense......................................................................... 30
(D) Responsible Persons/Entities......................................................................... 30
(1) Person Maintaining Condition Resulting In or Constituting Violation ........ 30
(2) Responsibility For Land or Use of Land ...................................................... 30
159-502 Remedies And Penalties............................................................................... 31
(A) Remedies..........................................................................................................31
(1) Withholding of Certificate of Occupancy..................................................... 31
(2) Disapproval of Subsequent Permits and Development Approvals ............... 31
(3) Injunction, Abatements, etc.......................................................................... 31
(4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 31
(5) Stop Work Order........................................................................................... 31
(B) Civil Penalties.................................................................................................. 32
(C) Criminal Penalties........................................................................................... 32
159-503 Procedures....................................................................................................32
(A) Initiation/Complaint.......................................................................................32
(B) Inspection.........................................................................................................32
(C) Notice of Violation and Order to Correct ..................................................... 32
(D) Extension of Time........................................................................................... 33 •
4
0 (E) Enforcement After Time to Correct.............................................................. 33
(F) Emergency Enforcement................................................................................ 33
SECTION 6: DEFINITIONS.......................................................................................... 34
159-601 Terms Defined .............................................................................................. 34
Built -upon area (BUA)............................................................................................... 34
Department.................................................................................................................. 34
DesignManual............................................................................................................. 34
Development................................................................................................................ 34
Division........................................................................................................................ 34
Floodplain.................................................................................................................... 34
Largercommon plan of development or sale........................................................... 34
1-year, 24-hour storm................................................................................................. 34
Owner........................................................................................................................... 35
Redevelopment............................................................................................................ 35
Structural BMP........................................................................................................... 35
Substantialprogress................................................................................................... 35
SECTION 7: Illicit Discharges....................................................................................... 36
159-701 Illicit Discharges and Connections............................................................. 36
(A) Illicit Discharges.............................................................................................. 36
(B) Illicit Connections........................................................................................... 37
(F) Spills................................................................................................................. 38
(G) Nuisance...........................................................................................................39
0
SECTION 1: GENERAL PROVISIONS
159-101 TITLE
This Ordinance shall be known as "The Stormwater Management Ordinance," hereinafter
as "Ordinance," and may be so cited.
159-102 AUTHORITY
The City Council is authorized to adopt this Ordinance pursuant to North Carolina law,
including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
North Carolina General Statutes: Chapter 15-27.2. (Warrants to conduct inspections
authorized by law), Chapter 143-214.5 (Water supply watershed protection), Chapter
143-214.7 (Stormwater runoff rules and programs) and rules promulgated by the
Environmental Management Commission thereunder; Session Law 2006-246 (Phase I1
Stormwater Management); Chapter 160A, §§ 174, 175 & 185 (General ordinance -making
power, Enforcement of ordinance $ Emission of pollutants or contaminants.)
159-103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and
increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel
erosion, non -point and point source pollution, and sediment transport and deposition, as
well as reducing groundwater recharge; 0
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well
as to the natural environment; and
These effects can be managed and minimized by applying proper design and well -
planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and
federal Phase 11 Stormwater Rules promulgated under it, as well as rules of the North
Carolina Environmental Management Commission promulgated in response to federal
Phase lI requirements, compel certain urbanized areas, including this jurisdiction, to
adopt minimum stormwater controls such as those included in this Ordinance.
Therefore, the City Council establishes this set of water quality and quantity regulations
to meet the requirements of state and federal law regarding control of stormwater runoff
and discharge.
159-104 PURPOSE
(A) General
The purpose of this Ordinance is to protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post is
-
development stormwater runoff and non -point and point source pollution
Eel
® associated with new development and redevelopment as well as illicit discharges
into municipal stormwater systems. It has been determined that proper
management of construction -related and post -development stormwater runoff
will minimize damage to public and private property and infrastructure;
safeguard the public health, safety, and general welfare; and protect water and
aquatic resources.
(B) Specific
This Ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for development that protect the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -
development hydro logic. response in their post -development state as nearly as
practicable for the applicable design storm to reduce flooding, stream bank
erosion, non -point and point source pollution and increases in stream
temperature, and to maintain the integrity of stream channels and aquatic
habitats;
3. Establishing minimum post -development stormwater management
standards and design criteria for the regulation and control of stormwater
• runoff quantity and quality;
4. Establishing design and review criteria for the construction, fimction, and
Ilse of structural stormwater BMPs that may be used to meet the minimum
post -development stormwater management standards;
5. Encouraging the use of better management and site design practices, such
as the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximwn
extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BAIPs to ensure that
they continue to function as designed, are maintained appropriately, and pose
no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval ofstormwaler ntanaAement plans, for the
inspection of approved projects, and to assure appropriate long-term
maintenance.
8. Coordinating site design plans that include open space and natural areas
with the Unified Development Ordinance.
9. Controlling illicit discharges into the municipal separate stormwater
system.
7
10. Controlling erosion and sedimentation from construction activities in
conjunction with the Erosion and Sedimentation Control Ordinance
159-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this Ordinance shall be
applicable to all development and redevelopment, including, but not limited to,
site plan applications, subdivision applications, and grading applications, unless
exempt pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
(1) Threshold
Residential development that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale, and non-residential
development that cumulatively disturbs less than one-half acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
Ordinance.
Redevelopment outside the floodplain that results in no net increase in built -upon
area and provides equal or greater stormwater control than the previous
development is exempt from the provisions of this Ordinance •
Redevelopment of residential structures that results in no net increase in built -
upon area and provides equal or greater stormwater control than the previous
development is exempt from the provisions of this Ordinance whether or not
within the floodplain.
Redevelopment of non-residential structures that disturbs less than one-half acre,
that is not part of a larger common plan of development or sale, that is within the
floodplain, and that results in no net increase in built -upon area and provides
equal or greater stormwater control than the previous development is exempt
from the provisions of this Ordinance.
Development and redevelopment that disturb less than a stated area threshold are
not exempt if such activities are part of a larger common plan of development or
sale that exceeds the area threshold, even though multiple, separate or distinct
activities take place at different times on different schedules.
(2) General exemption
Activities that are exempt from permit requirements of'Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this Ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the
provisions of this Ordinance or unless exempted. No development for which a
9
• permit is required pursuant to this Ordinance shall occur except in compliance
with the provisions, conditions, and limitations of the permit.
(D) Map
The provisions of this Ordinance shall apply within the areas designated on the
map titled `'Stormwater Map of City of Monroe, North Carolina" ("the
Stormwater Map"), which is adopted simultaneously herewith. The Stormwater
Map and all explanatory matter contained thercon accompanies and is hereby
made a part of this Ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
Ordinance and the geographic location of all structural 13MPs permitted under
this Ordinance. In the event of a dispute, the applicability of this Ordinance to a
particular area of land or 13MP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
159-106 INTERPRETATION
(A) Meaning and Intent:
All provisions, terms, phrases, and expressions contained in this Ordinance s11a11
be construed according to the general and specific purposes set forth in Section
• 104, Purpose. If a different or more specific meaning is given fora term defined
elsewhere in City of Monroe Code of Ordinances, the meaning and application of
the term in this Ordinance shall control for purposes of application of this
Ordinance.
(B) Teat Controls in Event of Conflict
In the event ofa conflict or inconsistency between the text of this Ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of
this Ordinance. Any person may request an interpretation by submitting a written
request to the Stormwater Administrator, who shall respond in writing within 30
days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this Ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation,
manual (including the Design Manual prepared by the North Carolina
Department of Environment and Natural Resources), or document, it shall be
construed its 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.
•
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first
day and including; the last day. If a deadline or required date of action falls on a
Saturday, Sunday, or holiday observed by the City of Monroe, the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or
holiday observed by the City of Monroe. References to days are calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of City of Monroe may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing
an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions
•
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions and events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes
the singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the
feminine gender, and vice versa.
(IT) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
159-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual prepared
by the North Carolina Department of Environment and Natural Resources as the
10
basis for decisions about stormwater pert -nits and about the design,
implementation and performance of structural and non-structural stormwater
13MPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater
treatment practices that are designed, constructed, and maintained in accordance
with these design and sizing criteria will be presumed to meet the minimum
water quality performance standards of the Phase II and other applicable
stormwater laws.
(B) Relationship of Design Manual to Other Laws and Regulations
Ifthe specifications or guidelines of the Design Manual are more restrictive or
apply a higher standard than other laws or regulations, that fact shall not prevent
application of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
Ifthe standards, specifications, guidelines, policies, criteria, or other information
In the Design Manual are amended subsequent to the submittal of an application
for approval pursuant to this Ordinance but prior to approval, the new
information shall control and shall be utilized in reviewing the application and in
implementing this Ordinance with regard to the application.
159-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE'
AGREEMENTS
(A) Conflict of Laws
This Ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this Ordinance are in
addition to the requirements of any other Ordinance, rule, regulation or other
provision of law. Where any provision of this Ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This Ordinance is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this Ordinance are
more restrictive or impose higher standards or requirements than such an
easement, covenant, or other private agreement, the requirements ofthis
Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any
private covenantor deed restriction, but such covenant or restriction shall not
legitimize any failure to comply with this Ordinance. In no case shall the City of
Monroe be obligated to enforce the provisions of any easements, covenants, or
• agreements between private parties.
11
159-109 SEVERABILITY 0
If the provisions of any section, subsection, paragraph, subdivision or clause of this
Ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this Ordinance.
159-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(D) Effective Date
This Ordinance shall take effect on October 1, 2007.
(E) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the City prior to the effective date
of this Ordinance and which remain valid, unexpired, unrevoked and not
otherwise terminated at the time of development or redevelopment shall be
exempt from complying with all provisions of this Ordinance dealing with the
control and/or management of post -construction runoff, but shall be required to
comply with all other applicable provisions, including but not limited to illicit
discharge provisions.
A phased development plan shall be deerned approved prior to the effective data
of this Ordinance if it has been approved by all necessary government units, it
remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project
and a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this Ordinance to that phase of
development would require a material change in that phase of the plan.
(F) Violations Continue
Any violation of provisions existing on the effective date of this Ordinance shall
continue to be a violation under this Ordinance and be subject to penalties and
enforcement under this Ordinance unless the use, development, construction, or
other activity complies with the provisions of this Ordinance.
12
! SECTION 2: ADMINISTRATION AND PROCEDURES
159-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
The Stormwater Administrator shall be the City of Monroe Engineering
Director or his designee who shall be responsible for administering and
enforcing this Ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the City of Monroe Code of Ordinances and other laws, the
Stormwater Administrator shall have the following powers and duties ender
this Ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this Ordinance.
b. To make determinations and render interpretations of this Ordinance.
. c. To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the City of Monroe on applications for
development or redevelopment approvals.
d. To enforce the provisions of this Ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and administration
of this Ordinance.
f To provide expertise and technical assistance to the City Council and
the Water Resources Committee upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties ofthe Stormwater Administrator.
h. To take any other action necessary to administer the provisions of
this Ordinance.
159-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless
exempt pursuant to this Ordinance. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
13
(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural
BMPs and elements of site design for stormwater management other than
structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the
requirements of this Ordinance, whether the approach consists of structural
BMPs or other techniques such as low -impact or low -density design. The permit
does not continue in existence indefinitely after the completion of the project;
rather, compliance after project construction is assured by the maintenance
provisions of this Ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly authorized
agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form .
The Stormwater Administrator shall establish requirements for the content
and form of all applications and shall amend and update those requirements
from time to time. At a minimum, the stormwater permit application shall
describe in detail how post -development stormwater runoff will be controlled
and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this Ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring -that there is
adequate time to review applications; and that the various stages in the
review process are accommodated.
(3) Fees Required
Applications for stormwater permit approval, use of city- owned/maintained
stormwater control systems, inspections related to the initial approval of
stormwater control systems, and annual inspections of stormwater control
systems and development sites shall be subject to any and all relevant fees as
adopted by the City Council and prescribed in the City of Monroe Code of'
Ordinances and Fee Schedule. Application fees shall accompany any S
application, otherwise the application shall be determined incomplete and
shall be returned to the applicant.
14
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this Ordinance, and information on how and where to
obtain the Design Manual in an Administrative Manual, which shall be made
available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this Ordinance, along with the
appropriate fee. if the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline
contained in the submission schedule established above.
(F) Review
. Within 30 calendar days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this Ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this Ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of
approval as needed to ensure compliance with this Ordinance. The conditions
shall be included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply
with the standards of this Ordinance, the Stormwater Administrator shall
notify the applicant and shall indicate how the application fails to comply.
"file applicant shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 calendar days after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is riot re -submitted within thirty (30) calendar days
from the date the applicant was notified, the application shall be considered
15
withdrawn, and a new submittal for the same or substantially the same •
project shall be required along with the appropriate fee for a new submittal.
159-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is submitted, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater managcment system to be utilized in
the proposed development project. This consultation meeting should take place at
the time of the preliminary plan of subdivision or other early step in the
development process. The purpose of this meeting is to discuss the post -
construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential
approaches to stormwater management designs before formal site design
engineering is commenced.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions/Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at
a minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed limits of clearing
and grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This
description should include a discussion of soil conditions, forest cover,
geologic features, topography, wetlands, and native vegetative areas on the
site, as well as the location and boundaries of other natural feature protection
and conservation areas such as lakes, ponds, floodplains, stream buffers and
other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive features that
provide particular opportunities or constraints for development and
stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development
stormwater management system including: preliminary selection and location
of proposed structural stormwater controls; low -impact design elements;
location of existing and proposed conveyance systems such as grass 40
channels, swales, and storm drains; flow paths; location of
16
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -
development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this Ordinance, including Section
3, Standards. All such plans shall be prepared by a qualified registered North
Carolina professional engineer, surveyor, soil scientist or landscape architect, and
the engineer, surveyor, soil scientist or landscape architect shall perform services
only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements
for complete applications, that the designs and plans are sufficient to comply
with applicable standards and policies found in the Design Manual, and that the
designs and plans ensure compliance with this Ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. incomplete submittals
shall be treated pursuant to Section 159-202(D).
(C) As -Built Plans and Final Approval
. Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit
actual "as built" plans for all stormwater management facilities or practices after
final construction is completed.
The plans shall show the f inal design specifications for all stormwater
management facilities and practices and the field location, sire, depth, and
planted vegetation of all measures, controls, and devices, as installed. The
designer of the stormwater management measures and plans shall certify, under
seal, that the as -built stormwater measures, controls, and devices are in
compliance with the approved stormwater management plans and designs and
with the requirements of this Ordinance. A final inspection and approval by the
Stormwater Administrator shall occur before the release of any performance
securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the City of Monroe
Permitting Center without final as -built plans and a final inspection and approval
by the Stormwater Administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the City of Monroe may elect to
withhold a percentage of permits or certificates of occupancy until as -built plans
are submitted and final inspection and approval has occurred.
Fr1
159-204 PARTICIPCATION IN A REGIONAL STORMWATER MANAGEMENT
FACILITY
(A) Where Permitted
Where a regional stormwater management facility has been established by the
City of Monroe, or by an authority operating with approval from the City of
Monroe, a development may participate in said program in lieu of any
certification of runoff control required by this article, provided that:
1. Runoff from the development drains to an existing public regional stormwater
management facility approved by the City of Monroe;
2. Participation is in the form of contribution of funds, contribution of land,
contribution of stonnwater management facility construction work, or a
combination of these, the total value of which shall be in accordance with fee
schedule adopted by the City Council; and
3. The City finds that the stormwater management plan is in compliance with all
other applicable requirements of this Ordinance.
(B) Use of Contributions
Each contribution from a development participating in a regional stormwater .
management facility shall be used for acquisition, design, construction or
maintenance of one (1) or more such facilities in the same watershed in which the
development is located.
(C) Fees Required
Stonnwater management control plan review, use of City -owned/ maintained
stormwater control systems, inspections related to the initial approval of
stormwater control systems, and annual inspections of stormwater control
systems shall be subject to any and all relevant fees as adopted by City Council
and prescribed in the City of Monroe Code of Ordinances and Fee Schedule. Plan
review fees shall accompany the plans submitted for review, otherwise the plan
submittal shall be determined incomplete and shall be returned to applicant.
159-205 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and
federal authorities.
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0 (B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The
Stormwater Administrator may grant a single, one-year extension of this time
limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there
has been substantial reliance on the original permit and the change in standards
would infringe the applicant's vested rights.
159-206 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this Ordinance made
by the Stormwater Administrator, may file an appeal to the Board of Adjustment
within 30 days.
(B) Filing of Appeal and Procedures
The process and procedures for hearing appeals and variance requests, as
• outlined by in Chapter 156, Zoning Code, shall apply to all requests For appeals
or for a variance to any part of this Chapter.. The Stormwater Administrator shall
transmit to the Board of Adjustment all documents constituting the record on
which the decision appealed from was taken.
C�
The hearing conducted by the Board of Adjustment shall be conducted in the
nature of a quasi-judicial proceeding with all findings of fact supported by
competent, material evidence.
(C) Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court
review by proceedings in the nature of certiorari. Petition for review by the
Superior Court shall be filed with the Clerk of Superior Court within thirty (30)
days after the latter of the following:
(1) 'rhe decision of the Board of Adjustment is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Board of Adjustment at the time of
its hearing of the case.
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SECTION 3: STANDARDS .
159-301 GENERAL STANDARDS
All development and redevelopment to which this Ordinance applies shall comply with
the standards of this section.
159-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback Requirement
All impervious surfaces, except for roads.. paths, and water dependent structures,
shall be located at least 35 feet landward of all perennial and intermittent surface
waters. Development approved in conjunction with a conditional zoning district
or special use permit shall have an impervious surface setback of 50 feet
landward of al perennial or intermittent surface waters.
A perennial or intermittent surface water shall be deerned present if the feature is
shown on either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent complete version of the 1:24,000 scale
(7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be allowed
when surface waters are not present in accordance with the provisions of 15A •
NCAC 213 .0233 (3)(a) or similar site -specific determination made using
Division -approved methodology.
(B) No new impervious or partially pervious surface in lloodplain
For development activities, no new impervious or partially pervious surfaces,
except for road crossings (public and private), paths, and water dependent
structures, where no practical alternative exists shall be allowed within the
f7oodplain.
(C) Development in Critical Area of Water Supply Watersheds
All development activities that are located within the area designated by the
Environmental Management Commission as a Critical Area of a Water Supply
Watershed shall be limited to a maximum impervious surface density of 36
percent.
159-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS
Owners of property subject to this Ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the
following standards:
(A) The measures shall control and treat runoff from the first inch of rain.
Runoff volume drawdown time for wet detention ponds shall be a
minimum of 48 hours, but not more than 120 hours.
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• (I3) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of_ 85% average
annual removal for Total Suspended Solids (TSS);
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 21-1 .I 008(c), as explained in the Design Manual;
(D) The measure shall discharge the storage volume at a rate equal or less
than the pre -development discharge rate for the I -year, 24-h0ur storm.
(I-) The approval of the stormwater permit shall require enforceable
restrictions on property usage that runs with the land, including recorded
deed restrictions and protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
159-305 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
A II stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BM Ps) required under this
Ordinance shall be evaluated by the Stormwater Administrator according to the
policies, criteria, and information, including technical specifications and
standards and the specific design criteria for each stormwater practice, in the
Design Manual. The Stormwater Administrator shall determine whether
proposed 13MPs will be adequate to meet the requirements of this Ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance
standards of this Ordinance. Whenever an applicant proposes to utilize a practice
or practices not designed and constructed in accordance with the criteria and
specifications in the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this Ordinance. The Stormwater Administrator
may require the applicant to provide the documentation, calculations, and
examples necessary for the Stormwater Administrator to determine whether such
an affirmative showing is made.
(C) Separation from Seasonal High Water Table
For 13MPs that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil
above the seasonal high-water table.
•
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159-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS .
The City of Monroe may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this Ordinance and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance. Decision to accept
dedication shall be based on formal action of the Monroe City Council at their sole
discretion.
159-307 VARIANCES
(A) Any person may petition the City of Monroe for a variance granting permission to
use the person's land in a manner otherwise prohibited by this Ordinance. To qualify for a
variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this Ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance; will secure public safety and welfare; and will preserve substantial
justice.
•
(B) The City of Monroe may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 35-1o0t landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect water quality to the
maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited
to, water, sewer, or gas construction and maintenance corridor, as long as it is
located 15 feet landward of all perennial and intermittent surface waters and as
long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of .
BMPs.
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e(3) A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of the
proposed activity and all alternative designs, the basic project purpose cannot be
practically accomplished in a manner which would avoid or result in less adverse
impact to surface waters.
159-308 ADDITIONAL WATER QUANTITY CONTROL STANDARDS
(A) Applicability
This section applies to the following type developments or redevelopments:
All non-residential sites containing new development and/or redevelopment including
road construction, grading, paving, gravel placement, and construction of buildings and
other structures, which include the creation of20,000 square feet or more ofnew
impervious area, within the corporate limits and the extraterritorial jurisdiction ol'the
City of Monroe. Impervious areas in existence prior to the effective date of this
Ordinance shall not be included in the computation of impervious area; and
All new residential development and/or redevelopment meeting the following
requirements:
(1) Exceeds I dwelling units per acre;
(2) Provides for private or public street/driveway construction for access to
multiple lots;
(3) Requires engineered slormwater control structures as outlined by this
Ordinance.
Properties that directly abut regulated floodways as designated by the Federal Ernergency
Management Agency shall be considered exempt from requirements of this Section.
(B) General Requirements
(1) The engineer or landscape architect of record shall conduct hydrologic and
hydraulic engineering studies for the site for both pre -development and post -
development conditions. The engineer or landscape architect of -record shall
provide a certification that the development or redevelopment will not cause
increased off -site flooding, drainage, or erosion problems
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(2) Where it is determined that the development of the site does increase the
peak discharge rate, stormwater quantity control improvements must be
implemented. The stormwater quantity control improvements must limit the two-
year and ten-year post -development peak discharge rates to pre -development
peak discharge rates, to minimize flooding, drainage, and erosion problems.
These improvements may consist of nonstructural approaches such as natural
swales, depressions in the land and other natural approaches, or structural
approaches such as detention structures (wet and dry basins), extended detention
facilities and alternative best management practices (BMPs) with provisions for
stormwater quantity control. A combination of nonstructural and structural
approaches is encouraged.
(3) For stormwater management improvements proposed to achieve compliance
with quantity control requirements of this section, a hydrologic -hydraulic
analysis of the site drainage system in the pre -development condition and the
post -development condition shall be performed. The analysis should be included
with the stormwater management plan and should demonstrate that the quantity
control requirements stated in this section will be achieved by the proposed
improvements. These improvements shall be subject to review and approval by
the Stormwater Administrator.
(4) If site characteristics indicate that complying with the minimum stormwater
management requirements of this section will not provide adequate engineering
designs or protection for local residents, and downstream property, it shall be the •
site designer's responsibility to exceed the minimum requirements as necessary.
SECTION 4: MAINTENANCE
159-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this Ordinance shall
maintain and operate it so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function for which the
structural BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant
to this Ordinance shall submit to the Stormwater Administrator an inspection
report from one of the following persons performing services only in their area of
competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, or person certified
by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the
following: .
(1) The name and address of the land owner;
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(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural HAVs;
(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 ofthe approved
maintenance agreement required by this Ordinance;
(6) The original signature and seal of the engineer, surveyor, or landscape
architect; and
(7) A financial statement documenting the available funding established in
the escrow account for operation and maintenance of the stormwater
control and management facilities.
All inspection reports shall be on forms supplied by the Storrnwater
Administrator. An original inspection report shall be provided to the Storrnwater
Administrator beginning one year from the date of as -built certification and each
year thereafter on or before the date of the as -built certification.
159-402 OPERATION AND MAINTENANCE AGREEMENT
• (A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this Ordinance, and prior to issuance of any permit
for development or redevelopinent_requiring a structural BMP pursuant to this
Ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BM1'. Until the
transference of all property, sites, or lots served by the structural BUP, 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, ancf shall state
the terms, conditions, and schedule of maintenance for the structural BMP. lit
addition, it shall grant to the City of Monroe a right of entry in the event that the
Storrnwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in
no case shall the right of entry, of itself; confer an obligation on the City of
Monroe to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Storrnwater
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the county Register of Deeds upon final plat approval
by the City of Monroe.
•
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(B) Special Requirement for Homeowners' and Other Associations is
For all structural BMI's required pursuant to this Ordinance and that are to be or
are owned and maintained by a homeowners' association, property owners'
association, or similar entity, the required operation and maintenance agreement
shall include all of the following provisions.
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural BMPs. If structural BMPs are
not performing adequately or as intended or are not properly maintained,
the City of Monroe, in its sole discretion, may remedy the situation, and
in such instances the City of Monroe shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association for
sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, upon written
notification to the City of Monroe.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial •
construction cost of the structural BMPs. 'rwo-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the
structural BMPs. Funds shall be deposited each year into the escrow
account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down
from the escrow account shall be replaced in accordance with the
schedule of anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied upon approval by the Monroe City
Council based upon good cause shown.
(5) Granting to the City of Monroe a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6) Allowing the City of Monroe to recover from the association and its
members any and all costs the City of Monroe expends to maintain or
repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the City of Monroe all of its expended costs, after forty-
five days written notice, shall constitute a breach of the agreement. In
case of a deficiency, the City of Monroe shall thereafter be entitled to
bring an action against the association and its members to pay, or •
foreclose upon the lien hereby authorized by the agreement against the
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property, or both. Interest, collection costs, and attorney fees shall be
added to the recovery.
(7) A statement that this agreement shall not obligate the City of Monroe to
maintain or repair any structural BMPs, and the City of Monroe shall not
be liable to any person for the condition or operation of structural BMI's.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the City of Monroe to enforce any of its Ordinances
as authorized by law.
(9) A provision indemnifying and holding harmless the City of Monroe for
any costs and injuries arising from or related to the structural BMP,
unless the City of Monroe has agreed in writing to assume the
maintenance responsibility for the 13MP and has accepted dedication of
any and all rights necessary to carry out that maintenance.
(10) A provision that a financial statement shall be provided and included as
part ofthe annual inspection report documenting the available finding
established in the escrow account for operation and maintenance of the
stormwater control and management facilities.
159-403 INSPECTION PROGRAM
• Inspections and inspection programs by City of Monroe may be conducted or
established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or other
notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited
to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition
of 13MPs.
If the owner or occupant of any property refi►ses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search
warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct,
hamper or interfere with the Stormwater Administrator while carrying out his or
her official duties.
159-404 PERFORMANCE SECURITY FOR INSTALLATION AND
MAINTENANCE
(A) May Be Required
The City of Monroe may, at its discretion, require the submittal of
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 13M1's are:
. (1) Installed by the permit holder as required by the approved stormwater
management plan; and/or
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(2) Maintained by the owner as required by the operation and maintenance .
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus
10%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the
annual cost of inspection, operation and maintenance of the BMPs approved
under the permit, at a discount rate that reflects the jurisdiction's cost of'
borrowing, minus a reasonable estimate of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or •
maintain any actions which may be required of the applicant or owner in
accordance with this Ordinance, approvals issued pursuant to this Ordinance,
or an operation and maintenance agreement established pursuant to this
Ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the City of Monroe shall not return any of
the unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in Excess of Performance Security
If the City of Monroe takes action upon such failure by the applicant or
owner, the City of Monroe may collect from the applicant or owner_the
difference between the amount of the reasonable cost of such action and the
amount of the security held, in addition to any other penalties or damages e
due.
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0 (4) Refund
•
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount
attributable to the cost (plus 10%) of landscaping installation and ongoing
maintenance associated with, the BMPs covered by the security. Any such
landscaping shall be inspected one ( I ) year after installation with
replacement for compliance with the approved plans and specifications and,
if in compliance, the portion of the financial security attributable to
landscaping shall be released.
159-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement or dedication and
acceptance into public maintenance pertaining to every structural I MP shall be
referenced on the final plat and shall be recorded with the county Register of'
Deeds upon final plat approval. If no subdivision plat is recorded for the site,
then the operations and maintenance agreement or dedication and acceptance into
public maintenance shall be recorded with the county Register of Deeds so as to
appear in the chain of title of all subsequent purchasers under generally accepted
searching principles.
(B) Signage
Where appropriate, to assure compliance with this Ordinance, structural BMPs
shall be posted with a conspicuous sign staling who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as to remain
visible and legible.
159-406 RECORDS OF INSTALLATION AND MAINTENANCE
ACTIVITIES
The owner of each structural BA4P shall keep records of inspections, maintenance, and
repairs for at least five years from the date of creation of the record and shall submit the
same upon reasonable request to the Stormwater Administrator.
159-407 NUISANCE
The owner of each stormwaler BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a nuisance condition.
It
SECTION 5: ENFORCEMENT AND VIOLATIONS
159-501
(A)
(B)
(C)
(D)
GENERAL
Authority to Enforce
The provisions of this Ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of Monroe.
Whenever this section refers to the Stormwater Administrator, it includes his or
her designee as well as any authorized agent of City of Monroe.
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.
Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this Ordinance shall be
subject to the remedies, penalties, and/or enforcement actions in accordance with
this section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any
other person who participates in, assists, directs, creates, causes, or maintains a
condition that results in or constitutes a violation of this Ordinance, or fails to
take appropriate action, so that a violation of this Ordinance results or persists; or
an owner, any tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the violation
occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
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
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•
•
30
practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or
redevelopment of the property.
159-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this Ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and
may be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue
a ecrtif icate of occupancy for the building or other improvements constructed
or being constructed on the site and served by the stormwater practices in
question until the applicant or other responsible person has taken the
remedial measures set forth in the notice of violation or has otherwise cured
the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this Ordinance continues and remains uncorrected,
the Stormwater Administrator or other issuing authority may withhold, and
may disapprove, any request for permit or development approval or
authorization requested for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the City
Council, may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a
violation of this Ordinance. Any person violating this Ordinance shall be
subject to the filll range ofequitable remedies provided in the General
Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Stormwater Administrator, with the written
authorization of the City Council, may cause the violation to be corrected and
the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this Ordinance. The stop. work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop
31
159-503
(B)
W
(A)
(B)
(C)
work order may be withdrawn or modified to enable the person to take the
necessary remedial measures to cure such violation or violations. 0
Civil Penalties
Violation of this Ordinance may subject the violator to a civil penalty ( § 10.99
General Penalty) to be recovered in a civil action in the nature of a debt if the
violator does not pay the penalty within 30 days after notice of the violation is
issued by the Stormwater Administrator. Civil penalties may be assessed up to
the full amount of penalty to which the City of Monroe is subject for violations
of its National Pollutant Discharge Elimination Systern (NPDES) Permit.
Criminal Penalties
Any person that has violated or continues to violate this Ordinance shall be liable
to criminal prosecution to the fullest extent of the law, and shall be subject to a
criminal penalty of not less than $50.00 nor more than $500.00 dollars per
violation per day and/or imprisonment for a period of tirne not to exceed 20 days.
The authorized enforcement agency may recover all attorney's fees, court costs
and other expenses associated with enforcement of this Ordinance, including
sampling and monitoring expenses.
PROCEDURES
Initiation/Complaint
Whenever a violation of this Ordinance occurs, or is alleged to have occurred,
any person may file a written complaint. Such complaint shall state fully the
alleged violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. Tile complaint shall be
investigated promptly by the Stormwater Administrator.
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.
Notice of Violation and Order to Correct
When the Stormwater Administrator rinds that any building, structure, or land is
in violation of this Ordinance, the Stormwater Administrator shall notify, in
writing, the property owner or other responsible persons/entities violating this
Ordinance. The notification shall indicate the nature of the violation, contain the
address or other description of the site upon which the violation is occurring,
order the necessary action to abate the violation, and give a deadline for
correcting the violation. If civil penalties are to be assessed, the notice of
violation shall also contain a statement of the civil penalties to be assessed, the
time of their accrual, and the time within which they must be paid or be subject
to collection as a debt.
32
0
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the Monroe Police Department, by certified or registered
mail, return receipt requested, or by any means authorized for the service of
documents by Mule 4 of the North Carolina Rules of'Civil Procedure.
Ifa violation is not corrected within a reasonable period of time, as provided in .
the notification, the Stornwater Administrator may take appropriate action under
this Ordinance to correct and abate the violation and to ensure compliance with
this Ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the Stormwater
Administrator a written request for an extension of time for correction of the
violation. On determining; that the request includes enough information to show
that the violation cannot be corrected within the specified time limit for reasons
beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow
timely correction of the violation, up to, but not exceeding 30 days. The
Stormwater Administrator may grant 30 -day extensions in addition to the
foregoing; extension if the violation cannot be corrected within the permitted time
due to circumstances beyond the control of the person violating this Ordinance.
The Stormwater Administrator may grant an extension only by written notice of
extension. The notice of extension shall state the date prior to which correction
must be made, after which the violator will be subject to the penalties described
in the notice of violation and correction order.
(E} Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this Ordinance.
(F} Emergency Enforcement
If delay in correcting; a violation would seriously threaten the effective
enforcement of this Ordinance or pose an immediate danger to the public health,
safety, or welfare, then the Stormwater Administrator may order the immediate
cessation of a violation. Any person so ordered shall cease any violation
immediately. The Stormwater Administrator may seek immediate cnlorcement,
without prior written notice, through any remedy or penalty authorized by this
article.
33
SECTION 6: DEFINITIONS
159-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise -
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts.
"Built -upon area" does not include a wooden slatted deck, the water area of a swimming
pool, or pervious or partially pervious paving material to the extent that the paving
material absorbs water or allows water to infiltrate through the paving material.
Department
The North Carolina Department of Environment and Natural Resources.
9
Design Manual
The stormwater design manual approved for use in Phase I1 jurisdictions by the North
Carolina Department of Environment and Natural Resources for the proper
implementation of the requirements of the Federal Phase tl stormwater program. All
references herein to the Design Manual are to the latest published edition or revision. The
Design Manual is not part of the City of Monroe Standard Specifications and Detail e
Manual.
Development
Any land -disturbing activity that increases the amount of built -upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department.
Floodplain
The one percent Annual Chance Floodplain as delineated by the North Carolina
Floodplain Mapping Program in the Division of Emergency Management.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land -disturbing activities
Will occur under one plan. A plan is any announcement or piece of documentation
(including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or
physical demarcation (including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
]-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled
or exceeded, on average, once in 12 months and with a duration of 24 hours.
34
• 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 stornnvater 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 i'ollowing 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.
•
35
SECTION 7: ILLICIT DISCHARGES •
159-701 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the
land in manner and amount that the substance is likely to reach a stormwater conveyance
or the waters of the State, any liquid, solid, gas, or other substance, other than
stormwater; provided that non-stormwater discharges associated with the following
activities are allowed and provided that they do not significantly impact water quality:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CPR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation waters (does not include reclaimed water as described in 15A NCAC
2H .0200);
( 11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water;
(19) Flows From emergency fire fighting; and
36
(20) Other non-stormwater discharges for which a valid NPDF-S discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the City of Monroe E-Engineering Department.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal
waste, paints, garbage,`hnd litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in subsection
(A) above, are unlawful. Prohibited connections include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other Ordinance prohibiting such
connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of this Ordinance. However, the
one-year grace period shall not apply to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and
safety, or are likely to result in immediate injury and harm to real or personal property,
natural resources, wildlife, or habitat.
S(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm to real
or personal property, natural resources, wildlife, or habitat; or
b. Was made in violation of any applicable regulation or Ordinance, other than this
section.
The Stormwater Administrator shall designate the time within which the connection shall
be removed. In setting the time limit for compliance, the Stormwater Administrator shall
take into consideration:
The quantity and complexity of the work;
2. The consequences of delay;
3. The potential harm to the environment, to the public health, and to public and
private property; and
4. The cost of remedying the damage.
•
37
(C) Suspension of MS4 Access •
Suspension due to Illicit Discharges in Emergency Situations
The City of Monroe may, without prior notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an actual or threatened discharge which
presents or may present imminent and substantial danger to the environment, or to the
health or welfare of persons, or to the MS4 or Waters of the United States. If the violator
fails to comply with a suspension order issued in an emergency, the authorized
enforcement agency may take such steps as deemed necessary to prevent or minimize
damage to the MS4 or Waters of the United States, or to minimize danger to persons.
Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this Ordinance may have their MS4
access terminated if such termination would abate or reduce an illicit discharge. The
authorized enforcement agency will notify a violator of the proposed termination of its
MS4 access. The violator may petition the authorized enforcement agency for a
reconsideration and hearing. A person commits an offense if the person reinstates MS4
access to premises terminated pursuant to this Section, without the prior approval of' the
authorized enforcement agency.
(D) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the City of Monroe prior to the allowing
of discharges to the MS4.
(E) Watercourse Protection
Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris, and other obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so that such
structures will not become a hazard to the use, function, or physical integrity of the
watercourse.
(F) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may
result in illegal discharges or pollutants discharging into storm water, the storm drain
system, or water of the U.S. said person shall take all necessary steps to ensure the
38
•
discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a release of non-
hazardous materials, said person shall notify the authorized enforcement agency in person
or by phone or facsimile no later than the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the City of Monroe
within three business days of the phone notice. If the discharge of prohibited materials
emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on -site written record of the discharge and the actions
taken to prevent its recurrence. Such records shall be retained for at least three years.
Notification shall not relieve any person of'any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said spill or leak, nor
shall such notification relieve any person from other liability which may be imposed by
State or other law.
(G) Nuisance
Illicit discharges and illicit connections which exist within the City of Monroe corporate
limits are hereby found, deemed, and declared to be dangerous or prejudiced to the public
health or public safety and are found, deemed, and declared to be public nuisances. Such
public nuisances shall be abated or restored at the violator's expense, and/or a civil
action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
39
0 SANITARY SEWERS AND CONNECTIONS
§ 52.010 REQUIRED SEWERS AND CONNECTIONS.
(A) Any person owning a building which is used for habitation or occupancy within the
corporate limits, which is accessible to a public sanitary sewer main, shall connect to the public
sewer main, except when the existing building is already connected to a septic tank which is.
functioning without the need for repair in accordance with the requirements of the county health
department. For the purpose of this section, accessible is defined as follows:
(1) The public sewer main is either on the lot or abutting any portion of the lot within a
public right-of-way; and
(2) The closest distance of the public sewer main to any portion of the building is 200
feet or less.
(B) A sewer connection for service to a building shall be made by the POTW, or as
authorized by the POTW Director, at the expense of the owner/user. The extension, repair, or
replacement of the building sewer from the sewer connection to the building shall be made under
an approved building code permit in accordance with all applicable codes and at the expense of
the owner or user. The maximum allowable infiltration for a building sewer is 100 gallons per
day/inch-diameter/mile. The POTW may require repairs or replacement of an existing building
sewer in order to meet the same infiltration allowance requirements as specified for new building
40 sewers and connections.
(C) Where no sanitary sewer main is accessible, a property owner or developer may
propose the extension of new sewer mains to serve property which would then be connected to
the existing POTW. Such extensions of public mains shall be provided in accordance with the
city Water and Sewer Extension Policy as adopted by the City Council and shall meet the
applicable technical requirements of Title 15A: 0214 .0200 of the North Carolina Administrative
Code, City of Monroe Sanitary Sewer Design Standards, and City of Monroe Standard
Specifications for Sanitary Sewers.
(D) Where no sanitary sewer main is accessible, a septic tank may be installed, after
obtaining all applicable permits. Septic tank installation shall be in accordance with the standards
and requirements of the State Department of Health, applicable county health regulations, and all
building and plumbing codes.
(E) Separate and independent sewer connections shall be provided for every building with
the below exceptions:
(1) Where one building stands at the rear of another on the same land parcel, and no
reasonable access to a sewer main is available to the rear building except under the front
building, the building sewer from the front building may be extended to the rear building and be
considered as one building sewer to one sewer connection so long as all applicable codes are
met, and with the prior approval of the POTW Director.
(2) Multiple buildings under single ownership on a single property may be connected to
a private sewer main to which individual building sewers are connected when approved by the
POTW Director in accordance with the city's Water and Sewer Extension Policy, provided that
all permits required by the N.C. Department of Environment and Natural Resources are obtained
and complied with. Separate buildings on separate properties found to be connected to the same
service connection may at the discretion of the POTW Director be ordered to install separate
building connections at the owner's expense.
(F) An old sewer connection or building sewer may be used to serve a new building only
when found on examination and test by the POTW to meet all requirements of this chapter.
(G) Wherever possible, the building sewer shall be brought to the building at an elevation
below the basement floor. In all buildings in which any building drain is too low to permit
gravity flow to the sewer connection, domestic sewage carried by such building drain shall be
lifted by an approved means and discharged to the sewer connection at the expense of the
owner/user.
(H) The city must review and approve all sewer connections from a new building or
expansion or modification of an existing building to the sanitary sewer main, regardless of
origin, if the wastewater is to be treated by the city's POTW, except residential connections to
other governmental agencies' existing sewerage collection systems. All sewers and connections
approved by the city shall be properly designed and constructed in accordance with such
guidelines as published by the Environmental Protection Agency (reference 40 CFR, section
35.92704 or as revised).
(Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed 5-7-96; Am. Ord. 0-1997-38, passed 9-
1697; Am. Ord. 0-2001-05, passed 1-16-01; Am. Ord. 0-2008-11, passed 3-18-08)
�J
COMPREHENSIVE STORM WATER
MANAGEMENT PROGRAM
REPORT
THE CITY OF MONROE
ENGINEERING DEPARTMENT
MONROE, NORTH CAROLINA
Copy Jim LINn Kelly '
�
RESOLUTION
NPDES PHASE II STORMWATER PERMIT APPLICATION
R-2004-18
WHEREAS, the City of Monroe was notified by the North Carolina Division of Water
Quality through correspondence dated November 6, 2002 of our designation as a Phase 11
Stormwater Community based of the 2000 Census figures; and,
WHEREAS, the City of Monroe is within a census designated urbanized area based on a
population greater then 10,000 and a population density of at least 1,000 people per square mile; and,
WHEREAS, as a regulated community the City of Monroe is required to develop a
Stormwater Management flan and apply for a NPDES Phase 11 Stormwater Permit by May 6, 2004;
and,
WHEREAS, at a minimum, the Stormwater Management Plan and permit application must
address the following six minimum measures:
• Public education and outreach;
• Public participation and involvement;
• Illicit discharge and elimination;
• Construction site runoff control;
• Post -construction runoff control;
• Pollution prevention/Good housekeeping; and,
WI-IEREAS, the City of Monroe Engineering Department has prepared the NPI)ES Phase 1I
Stormwater Permit Application and the Comprehensive Stormwater Management Program Report to
address the minimum measures; and,
WHEREAS, updates were provided on September 16, 2003 and January 20, 2004 with the
Water Resources Committee recommending approval of the permit application at their meeting on
March 16, 2004, with approval also being recommended by Staff.
NOW, THEREFORE BE, AND IT IS RESOLVED THAT the Mayor hereby is
authorized and empowered by the Monroe City Council to execute the NPDES Phase II Stormwater
Permit Application and the Engineering Department is authorized to submit the application along
with the Comprehensive Stormwater Management Program Report to the North Carolina Division of
Water Quality for review and approval.
Adopted the 5"' day of April,
O
Attest: U q TJudy L. Davis, Mayor
/Y1, �`4E
Jeanne M. Deese, City Clem
R-2004-18 Ct
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
OFFIC USE ONLY
Date Rec'd
0S 0 - . a>
Fee Paid
Gl
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to,Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small MS4 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
City of Monroe
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
town, county, prison, school,
City
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Union
f.
Jurisdictional Area (square
29.25
miles
g.
Population
Permanent
29,000
Seasonal (if available)
h.
Ten-year Growth Rate
3.5%
i.
Located on Indian Lands?
❑ Yes ®No
II. RPE / MS4 SYSTEM INFORMATION
a.
Storm Sewer Service Area
(square miles
29
b.
River Basin(s)
Yadkin - Pee Dee
c.
Number of Primary Receiving
Streams
2
d.
Estimated percentage of jurisdictional
area containing the following four land use activities:
•
Residential
40
•
Commercial
35 %
•
Industrial
10 %
•
Open Space
15 %
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
® Yes ❑ No
Page 2
SWU-264-103102
NPDES RPE Stormwater Permit Application
III. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
® Yes ❑ No
c. Delegated Erosion and Sediment Control Program
® Yes ❑ No
d. CAMA Land Use Plan
❑ Yes ® No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
Yes ❑ No
a permitted Phase I entity?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
❑Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
ermittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our permit obligations?
❑ Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
• Element they will implement
• Contact Person
• Contact Address
• Contact Telephone Number
c. Are legal agreements in place
to establish responsibilities?
❑Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
SWU-264-103102
NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
�f
Name
3 y L. Davis
Title
Mayor
Street Address
300 West Crowell Street
PO Box
69
City
Monroe
State
North Carolina
Zip
28111
Telephone
(704) 282-4500
Fax
(704)283-9098
E-Mail
jdavis@monroenc.org
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
Don Kelly, P.E. ,
b.
Title
Stormwater & Land Development Engineer
c.
Street Address
300 West Crowell Street
d.
PO Box
69
e.
City
Monroe
f.
State
North Carolina
g.
Zip
28111
h.
Telephone Number
(704) 282-5795
i.
Fax Number
1 (704) 282-4735
j.
E-Mail Address
I dkelly@monroenc.org
Page 3
SWU-264-103102
NPDES RPE Stormwater Permit Application
1"
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a. RCRA Hazardous Waste
Management Program
b. UIC program under SDWA
c. NPDES Wastewater Discharge
NC 0024333
Permit Number
d. Prevention of Significant
Deterioration (PSD) Program
e. Non Attainment Program
f. National Emission Standards for
Hazardous Pollutants (NESHAPS)
reconstruction approval
g. Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h. Dredge or fill permits under
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit term. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
1.5. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
5WU-264-103102
NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
S. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102
City of Monroe, North Carolina
Comprehensive Stormwater Management
Program Report
Prepared By:
' The City of Monroe Engineering Department
I April 5, 2004
e
!
Table of Contents
Page
StormI. Storm Sewer System Information............................................................. .
4
'
1.1 Population Served...............:....................................................................................
4
1.2 Growth Rate ......................................................................................................
4
1.3 Jurisdictional and MS4 Service Area..............................................................................
4
1.4 MS4 Conveyance System ...............................................:....
4 .
t
1.5 Land Use Composition Elemaents ..
. .....................................
4
1.6 Estimate Methodology .....................
2.
1.7 TMDL Identification........................................................................:.........................4
Receiving Streams ...........................................................................................................
5,
3.
1
Existing Water Quality Programs............................................................... :.........................
6
3.1 Local Programs....................................:...................................................................6
4.-
3.2 State Programs..................................................................................
Permitting Information ...........
........................................ ....................: ................... ............
6
7
4. i Responsible Party Contact List
7
4.2 Organizational Chart . . 9
...................................................................................
4.3 Signing Official.......:...................:.....................................:..................... 10
5.
Co -Permitting Information................................................................................................
10
6.
Reliance on Other Government Entity to Satisfy One or More.Pernut Obligations .........................
10
i
i 7,
Stormwater Program Management Plan ...................
7.1 Public Education and Outreach on Storm Water Impacts...........................I.......................... „
7.1.1 BMP Summary Table . ... .• .
................................................................................
10
10
7.1.2 Target Audience ...... :.... ..........
........................................................................
10
7.1.3 Target Pollutant Sources...................:...........................•..................................
10
7.1.4 Outreach Program
11
'
7.1.5 Decision Process . .
...................................................................................
11
7.1.6 Evaluation....................:...................................................I..........................
I I
'
7.2 Public Involvement and Outreach ........... ....
7.2.1 BMP Summary Table......................................................................................
11
11
7.2.2 Target Audience............................................................................................
11
7.2.3 Participation Program......................................................................................
11
7.2.5 Decision Process
11
7.2.5 Evaluation . ............................................................................................
12
7.3 1 licit Discharge Detection and Elimination.......................................................................
12
1
7.3.1 BMP Sur mary Table .............:. ....
7.3.2 . Storm Sewer System Map.............................................................................
12
12
7.3.3 Regulatory Mechanism..................................................................... • • • ............
12
7.3.4 Enforcement........................................................ ....................................... 1
12
'
l
7.3.5 Detection and Elimination
7.3.5.1 Procedures for Locating Priority Areas ......................................................
7.3.5.2 Procedures for Removing the Source of the Illicit Connection ...........................
12
13
2
7.3.5.3 Procedures for Evaluation of Illicit Connection and Discharge Component ............
13
7.3.6
7.3.8
Non Stormwater Discharges ............
Outreach ....................................................................................................
13
14
7.3.9
Decision Process............................................................................................
14
7.3.10
Evaluation ................
7.4 Construction
Site Stormwater Runoff Control .
14
7.4.1
.... ... .. .. .. ............ ...... .. ..... .......... .......
BMP Summary Table . .
14
7.4.2
Regulatory Mechanism....................................................................................
14
7.4.3
7.4.4
Plan Reviews .................................. ... .......
Enforcement.................................................................................................
14
14
7.4.5
Inspections...................................................................................................
15
7.4.6
Public Information..........................................................................................
15
7.4.7
Decision Process...................................................................
15
7.4.8
Evaluation . .........................
15
7.5 Post -Development Stormwater Management in New Development and Redevelopment ..................
15
' -
7.5.7
7.5.8
BMP Summary Table ...................................
: Non -Structural BMP's . ..................................................
15
16
7.5.9
Structural BMP's...........................................................................................
16
7.5.10
Regulatory Mechanism....................................................................................
1 6
7.5.11
Operation and Maintenance
lb�
'
7.5.12
.................................................................................
Decision Process . .
lb
7.5.13
Evaluation ...................... .............................................................................
17
'
7.6 Pollution Prevention / Good Housekeeping for Municipal Operations .........................................
7.6.1 BMP Summary Table.....................................................................I...............
17
17
7.6.2
Affected Operations ................... '
I'
7.6.3
7.6.4
Training......................................................................................................
Maintenance and Inspections .
17
17
�
7.6.5
Vehicular Operations . .................................................................'...................
18
7.6.6 ,
Waste Disposal ........................... :............................................ .......................
18
7.6.7
7.6.8
"Flood Management Projects..............................................................................
Existing Ordinances .
1$
18
7.6.9
Decision Process...........................................................................................
18
7.6.10
Evaluation.................................................................................................1.,
18
1 Appendix A —BMP Summary Table....................................................................................... 19
' Appendix B — Watershed Management Ordinance....................................................................... 24
Appendix C — Sanitary Sewer Connections................................................................................ 25 "
`' 3
City of Monroe
1 Stormwater Management Program Report
1.
Storm Sewer System Information
1.1
Population Served
Permanent Population: 29,490
'
Seasonal: 0
Basis of Information: NC Office of Budget, Planning, and Management .
'
1.2
Growth Rate. 3.5% Annual
1.3
Jurisdictional and MS4 Service Areas
'
Municipal: 29.25 square miles
Extraterritorial Jurisdiction: 10.5 square miles
1.4
MS4 Conveyance System: The City of Monroe Stormwater System consists of a combination
of piping; ditches, and sheet flow. Within the City of Monroe are located two water supply
!�
watersheds feeding two lakes --- Lake Lee, classified as a WS-N watershed, and Lake Twitty,
classified as a WS-III watershed. The City of Monroe's Watershed Ordinance requires structural
BMP's on development sites to control the stormwater discharge quality leaving the site. There
is currently no ordinance regulating the quantity of runoff that can be discharged from a given
site.
1.5
Land Use Composition Estimates:
1
Residential: 40%,
Commercial: 35%
Industrial- 10%
Open Space: 15%
1.6 Estimate Methodology:
Land use estimates were analyzed using the City of Monroe's Geographic Information System
utilizing the City's Zoning Map.
1.7 TMDL Identification:
No TMDL allocation presently exists for any streams within the City of Monroe.
1
4
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I
'-1A-D
10V
2. Receiving Streams
Primary Streams
Table 1. Yadkin River Basin
03-C - �
C? 3 - ca
03-0y-- 3S
Receiving Stream
Name
Stream
Segment
Water Quality
Classification
* Use Support
Rating,
Water Quality
Issues
Richardson
Creek
13-17736-(3.5)
WS-N CA
NR
Richardson
Creek'
• 13-17-36-(5).
C
I
Nutrients
Low DO'
Fecal Coliform
Stewarts Creek
13-17-36-9-(1)
WS-III
ND
Stewarts Creek
13-17-36-9-(4.5)
WS-III CA
ND
Bearskin Creek
13-17-36-6
C
ND
Horsepen Branch
13-17-36-6-1
C
ND
Camp Branch
13-17-36-6-2
C
ND
Dry Fork
13-17-36-6-3.
C
ND
East Fork
13-17-36-9-2
WS-III
ND,
Lick Branch
13-17-36-9-3
WS-III
ND
Stumplick Branch
13-17-36-9-4
WS-III
ND,
* NR = Not Rated
* ND = Not Determined
* I = impaired
I
3. Existing Water Quality Programs
3.1 Local Programs
' 3.1(a) Water Supply Watershed Protection
The City of Monroe administers a Watershed Protection Ordinance for the watersheds serving
' Lame Twitty and Lake Lee. The ordinance requires a BMP for each individual commercial site
contained within either watershed based upon the percentage of built upon area. Zoning
requirements also require buffers along designated streams to help retain stream water quality
along developing. sites.
3.1(b) Erosion and Sedimentation Control Program
■ The City of Monroe was delegated the responsibility of administering its own
Erosion and Sedimentation Control Program in June 2002. The policy parallels ' the State of
North Carolina requirements with some modifications which include a.maximum of 12,000 s.f.
of disturbed area without a grading permit. The City of Monroe enforces the program through an
inspection and plan review process, as well as issuing fines and citations for violations.
3.1(c) Stormwater System Repair Program
f The City of Monroe offers private citizens the opportunity to correct or repair problem areas on.
private property due to public runoff. The City provides the necessary labor and equipment,
while the citizen is responsible for providing the repair materials.
1
3.2 State Programs
3.2(a) Best Management Practices y
Best ' management practices required for watershed related sites follow the requirements of the N.C. Department of Environment and Natural Resources, Division of Water Quality, Water
.Quality Section.
�1
3.2(b) Clean Water Act of 1977
The City of Monroe, in accordance with the Clean Water Act of 1977, requires Section 401
permits for various activities related to stream and wetland water. quality.
11
ii � iiilli �■i vi�i
4. Permitting Information
4.1 Responsible Party Contact List
� i � i� �: a _ illlllll• i� � � i� �
BW and Measurable Goals
Contact
Position
Phone #
Fax. #
Email Address
Person
Public Education and
Outreach
1
Draft articles for City
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkell a monrocnc.or
newsletter
2
Distribute brochures to
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkelly0monroenc.org
on s and citizens
3
Update City website with
Deanna O'Neill
Eng. Tech.
(704) 282-4539
(704) 282-4735
doneiMmonroenc.org
information
Public Involvement and
Participation
1
Public hearing for Phase 11
Jim Loyd
Director of Engineerin
(764) 282-4529
(704) 282-4735
'lo d monroenc.or
Application
Illicit D isch arge an d
Elimination
1
Train and coordinate with
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkellynmonroeuc.org
other. departments to report illicit
connections
f
2
Prepare and distribute
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkellynmonroenc.org
brochures to the public educating
them on illicit connections
3
Provide for public -
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkellyt@_monroenc.or�
involvement to report illicit
connections
4
Identify person to follow-up
Lamar Davis
Engineer
(704) 282-4537
(704) 282-4735
IdavisOnionroenc.org
on reports
Construction Site Storm water
Runoff Control
1 Sites will comply with City of
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkelly@moiuoeuc.org
Monroe Erosion Control Ord'uiance
Oot
Post Construction Stormwater +
Management in New Development
and
Redevelopment
I
New sites will abide by the
Don Kelly *
Engineer
(704) 282-5795
(704) 282-4735
dkell a monroeuc.org
City of Monroe Watershed
Ordinance and 15A NCAC 21-i.1000
* To be assigned at a later date to Plan Review En 'neer ; Present position vacant
Pollution Prevention / Good
Housekeeping for Municipal
Operations
1
Develop pollution prevention
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
d_kelly a monroenc.orr!
training materials for public facilitie
2
Provide training for- those employee
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkellyna nionroenc.org
who maintain the public facilities on
proper disposal procedures and
inspection of public facilities
3
Evaluate spill response program and
Don Kelly
Engineer
(704) 282-5795
(704) 282-4735
dkelly@monroenc.org
determine effectiveness on
minimizing impacts on stormwater
uali
■� iiii ii� o � � � � � � � r it it r� r rr r r
4.2 Organizational Chart':
Engineering Director Stormwa[ r & Lad Ea&Civil
Jim Loyd
LK Engineer 1
Don Kelly
Lamar Davis
4Valer Rcsogrcpspl«ram
Rus Colbath
Engineering Tech. 11
Deanna O,Neill
Planning & Development
Directo
Wayne Herron
Human jjeggg�r
D'r� cctnr
Vacant.
ar s & ec t'o irec o
Mike Coumtey '
r
ie i
Ron Fowler
tandaob
[BuildingS
Harvell
Police Chief
Bobby Haulk
lnfarmation Seryiccg
Director
John Jones
Energy Services Director
Don Mitchell
Economic Development
irec o
Chris Plate'
Finance Director
Sonia Vizcaino
Public InforMation
LaVondra Edwards
4.3 Signing Official
Ranking Elected Official: Mayor
Name : Judy Davis
The City Charter of the City of Monroe designates the Mayor as the official
head of the City government.'
5.0 Co -Permitting Information (if applicable)
N/A
6.0 Reliance on Other Government Entity to Satisfy One or More -Permit
Obligations
None
7.0 Stormwater Management Program Plan
7.1 Public Education and Outreach on Storm Water Impacts
7.1.1 BMP Summary Table (See Appendix A For Further Information)
1.) Draft articles for monthly newsletter
2.) Distribute brochures to groups and citizens
3.) Update City website with information
T 1.2 Target Audience: The target audience for this measure will be the
general public ranging from homeowners -to students to business
owners. The Spanish-speaking and other non-English speaking
communities will be included as well.
7.1.3 Target Pollutant Sources:
1. Oils and Greases: Petroleum products can suffocate living
organisms and cause harmful secondary chemical compounds, as
well as clog sewer lines and harm equipment.
2. Trash: Trash can clog sewer lines and cause hazardous water
blockages.
3. Sediment: Sediment can clog storm pipes and suffocate wildlife.in
the creeks and streams by invading the gills of fish and destroying
habitat areas.
10
1
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4. Herbicides/Pesticides: Specific chemicals are toxic to different
species of wildlife and plant life.. Runoff into the storm system can
'
carry these chemicals into the streams and creeks.
7.1.4 Outreach Program: Information concerning public education will be
distributed via the City's newsletter, by word-of-mouth,
fliers, brochures and the City's website. The number of citizens
reached by these methods is expected to be in the order of 15,000
people.
'
7.1.5 Decision Process: The rationale for utilizing a public education
program is to provide a method of distributing information and
informing the public of the potential of polluting the creeks and
streams if certain activities are allowed to continue and if certain other
activities are not done. informing through the use of fliers, brochures,
City web site, and word-of-mouth will give an indication as to the
'
amount of people reached. The Public Information Officer will be the
in the distribution information.
resource preparation and of the
7.1.6 Evaluation: A count of the number of mailings versus the number of
responses will provide a measure of the effectiveness of the program.
7.2 Public Involvement and Outreach
.7.2.1 BMP Summary Table
t1.) Public Hearing for Phase U Application
' 7.2.2. Target Audience: The general public will be the target audience.
Civic -groups will be encouraged to participate, as well as any other
concerned citizens group.
■ 7.2.3 Participation Program: A public hearing will be held by the City Council to allow the general public to comment on the Stormwater
' Permit Application and the associated program. Civic group members
will be encouraged to volunteer to participate in the public education
process. They will also be encouraged to provide stream policing
activities.
7.2.4 Decision Process: Public hearings will permit individual citizens to
comment and have input in the policy formulations and to address
particular concerns with how well the program is progressing. The
public hearing will also aid the City Council members in gauging how
the public perceives the program.
i
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1
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7.2.5 Evaluation: The response received from the public hearing will
gauge the effectiveness of the measure.
7.3 Illicit Discharge Detection and Elimination
7.3.1 BMP Summary Table
1.) Train and coordinate with other departments to report illicit
connections.
2.) Prepare and distribute brochures to the public educating them on
illicit connections.
3.) Provide for public involvement to report illicit connections.
4.) Identify person. to follow-up on reports.
7.3.2 Storm Server System Map: The City of Monroe currently has maps.
'
depicting the location of storm sewer system pipes and appurtenances
in a GIS format. The maps also indicate creek and stream names. As
new systems are added or existing ones are found, the map will be
updated utilizing the GPS surveying system.
7.3.3 Regulatory Mechanism: The City of Monroe will develop
modifications to the existing ordinance addressing cross connections
and discharges into the stormwater system. A method of identifying
and locating the sources will also be developed.
7 4 Enforcement: ordinance will make it a
.3. E The cross -connection
violation to have, or cause to have, an illegal connection to a
stormwater system for purposes of discharging anything other than
stormwater runoff into the system. The language will contain, as a
minimum that a notification will be issued to the owner outlining the
'
procedures for remediation and consequences for non-compliance.
7.3.5 Detection and Elimination: The illicit connection program will be
designed to detect illegal connections through the use of existing City
personnel and civic programs to encourage public involvement.
Inspections and evaluations will be conducted during'dry weather
periods when illegal flows will be most obvious.
7.3.5.1 Procedures for Locating Priority Areas: Those areas where
parcels are not yet connected to public sewer and depend upon septic
systems will be examined on maps. Inspection of older existing
sanitary sewer lines by the Water Resources Department will help
identify those areas where a potential for cross contamination could
occur. The public at large will be provided the ability to report illicit
'
connections. Employees will be trained in the use of detection
methods.
R
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7.3.5.2 Procedures for Removing the Source of the Illicit
Discharge: An ordinance giving the City the authority to remove
illegal connections and discharges and procedures for doing so will be
developed_ City employees will be given the authority to enter upon
private property for purposes of inspection and empowered to issue
fines and -citations.
7.3.5.3 Procedures for Evaluation of Illicit Connection and
Discharge Component: An annual review of the illicit connection
detection program by City staff will gauge its effectiveness. The
effectiveness will be measured by comparing the quality, and in some
cases quantity, of flow before and after the corrections are.made.
7.3.6 Non Stormwater Discharges:
.Activity
Allowed
Not Allowed
Water Line Flushing
X
Landscape Irrigation
X
Diverted Stream Flows
X
Rising Ground Water
X
* Uncontaminated Ground Water
Infiltration
X
Discharges from Potable Water Sour
X
Foundation Drains
X
Air Conditioning Condensation
X
Irrigation Water
X
Springs
X
Water from Crawlspace Pumps
X
Footing Drains
X
Lawn Watering
X
Individual Residential Car Washini
X
Flows from Riparian Habitats &
Wetlands
X
Dechlorinated Swimming Pool
Discharges
X
Street Wash Water
X .
* As defined at 40 CFR §35.2005(20)
13
I
7.3.7 No known occasional incidental non-stormwater discharges
detrimental to the quality of the stormwater are identified at this time.
7.3.8 Outreach: The public will be notified through the Public Education
and Outreach Program about the hazards and potential effects of illegal
connections. Internal training programs for City employees will be
presented via the Pollution Prevention / Good Housekeeping Program.
7.3.9 Decision Process: The program for illicit connection detection was
initiated as a response to better management of both legal and illegal
discharges into the stormwater system. Utilization of City personnel
familiar with the City's sewer system was seen as an asset, while
allowing the public to become involved provides additional policing.
7.3.10 Evaluation: Measurement of the success of this program will be
' defined by -the quality and quantity of the stormwater at the outfalls. A
secondary measurement will be the amount of illicit connections
discovered and removed.
7.4 Construction Site Stormwater Runoff Control
e7.4.1 BMP Summary Table: See Appendix A.
7.4.2 Regulatory Mechanism: Per the City of Monroe Ordinance, Title
' XV: Land Usage, Chapter 158: Erosion and Sedimentation Control, a
grading permit is required for sites disturbing an area equal to 12,000
s.f. or more.' The City of Monroe was delegated in June 2002 to review
and enforce its own Sedimentation and Erosion Control Program.
Copies are attached in Appendix B.
e7.4.3
Plan Reviews: A grading plan for the site is prepared by a registered
engineer and presented to the City of Monroe.for review of erosion
control measures. Site plans are also given to the Planning and
'
Development department for review of required natural buffers along
streams, if applicable. Sites disturbing-12,000 s.f. or more of area are
required to obtain a grading permit. This applies -to both commercial
and residential construction sites. Approximately 100% of commercial
site plans submitted and 5% of residential plans will require review.
I,
7.4.4 Enforcement: The current Erosion and Sedimentation Control
Ordinance provides for penalties to be assessed when site inspections
reveal violations. If a site is in violation, a Notice of Violation is sent
to the responsible party explaining the violation, which contains a
remedy date by which corrections are to be made, and a warning that
failure to comply can result in civil or criminal penalties.
�1
14-
7.4.5 Inspections: Construction sites are inspected as required. Those sites
'
disturbing the greatest area and could pose a threat to adjoining
streams and creeks are inspected first and more often. Commercial
sites are inspected at least once per week or more frequently
'
depending upon site deficiencies and rainfall events. Items are
inspected as presented on the approved erosion control plan and, if
needed, necessary field modifications are made.
7.4.6 Public Information: The Erosion and Sedimentation Control
Ordinance was presented to City Council for approval and open to
public discussion. As new amendments are made, the public will have .
the opportunity to submit information.
' 7.4.7 • Decision Process: The erosion control program was developed
through the use of a grant. A local program was thought to bemore
effective, since response time and turn -around time would be
' signiFicantly less.
7.4.8
Evaluation: The success of this program will be measured by the
cleanliness of the streams and by the number of complaints lodged
against developers from adjoin properties.
'
7.5 Post -Construction Stormwater Management in New Development and
Redevelopment
'
7.5.1
A copy of the City of Monroe Watershed Management Ordinance is
attached. See Appendix B.
7.5.2
Maintenance requirements of the BMP's are included in the Watershed
Management Ordinance. See Appendix B. .
7.5.3
The City of Monroe owns and maintains its own wastewater collection
system with non-sewered areas served by septic systems, as per City of
Monroe Ordinance Title V, Chap. 52, § 52.010. See Appendix C.
7.5.4
No surface waters within the City of Monroe drain into SA waters.
7.5.5
No surface waters within the City of Monroe drain into Tr waters.
I'
7.5.6
No surface waters within the City of Monroe drain into Nutrient
Sensitive waters...
7.5.7
BMP Summary Table: See Appendix A.
I
' 15
1
7.5.8 Non -Structural BMP's:
'
7.5.8.1 Zoning Ordinances for land development require that proper
vegetative buffers be placed, or existing ones be maintained, along
1
designated streams. Other measures include requirements for open
space and landscaped areas in commercial and multi -family projects.
'
7.5.8.2 The total percentage of built -upon area is regulated through the.
City of Monroe's Watershed Ordinance. Interco nnecti vi ty of
impervious surfaces is discouraged by requiring internal landscaped
'
areas within project sites.
7.5.9 Structural BMP's:
1
7.5.9.1 Current water quality practices allow the use of wet detention
ponds, in addition to those contained in the "Stormwater Best
'
Management Practices" manual by the N.C. Department of
Environment and Natural Resources, Division of Water Quality, Water
Quality Section.
1
7.5.10 Regulatory Mechanighi: Attached is a copy of the City of
'
Monroe Watershed Management Ordinance. See Appendix B.
7.5.11 Operation and Maintenance: Permitted BMP's will be
'
inspected annually by the owner and / or his representative and a
report prepared by a qualified professional shall be submitted to the
City of Monroe Engineering Department.
1
7.5.12 Decision Process: Due to the City of Monroe's proximity to
Lake Twitty and Lake Lee, an effort to maintain their quality is
1
critical.
7.5.12.1. Regulations in the form of the Watershed Ordinance were
enacted which require the use of post -construction runoff practices.
'
These are required within the areas of the City where the site is
situated within a critical or protected watershed zone.
7.5.12.2 Stormwater runoff is addressed -by quality and quantity.
'
Quality is provided through the use of wet retention basins or some
other practice, while quantity is the result of the use of detention
ponds. The detention ponds limit the runoff to the pre -development
■
rate.
16
1
7.5.13 Evaluation: The effectiveness of this measure will be determined by
the success of obtaining a higher degree of water quality in the lakes
and streams.
7.6 Pollution Prevention / Good Housekeeping for Municipal Operations
T6.1 BMP Summary Table. See Appendix A.
1.) Develop and distribute pollution prevention training materials to those ;
employees who maintain the public facilities on the principals of good
housekeeping and how improper maintenance can be detrimental to the
waterways.
2.) Provide training for those employees who maintain the storm sewer
systems with emphasis on disposal of sediments and other solids removed
from the systems.
.3.) Provide training on the use of herbicides and other chemicals and how
they can enter the storm systems through improper application.
4.) Inspect street operations facility to ensure that all stored chemicals are
properly contained and any spill potential is minimized.
5.) Develop program for vendors with City contracts to practice good site
housekeeping.
6.) Review the current spill response program for its effectiveness and
'
adjust'accordingly.
7.) Review and evaluate the effectiveness of the -street sweeping program
'
and adjust accordingly.
7.6.2 Affected Operations:
1.) Street Operations Center
2.) Parks and Recreation
3.) Fire Department
r 4.) City Garage
'
7.6.3 Training: Flyers and handouts will be distributed to employees
emphasizing the need for housekeeping Other
good practices. government .
training materials will be sought out and used. Specialty training will be
'
provided on a case -by -case basis.
7.6A Maintenance and Inspections: Street sweeping will constitute the major
thrust toward keeping solid debris from entering the MS4 system, along
['
with solids collection during trash pick-up times. Uptown streets and
sidewalks are swept at least once per week, while -the entire City is swept
at least once every two months. Garbage is collected throughout the City
weekly. Presently, the Street Division inspects and maintains the storm
sewer system on as as -needed basis. The City currently has a storm system
repair policy to repair private systems that receive public runoff.
�. 17
7.6.5 Vehicular Operations: City parking lots are swept as needed. Road salt
is stored within a covered storage facility.
7.6.6 Waste Disposal: Solids removed from the MS4 system are transported to
the Street Division Facility for pick up by the solid waste disposal
contractor. Larger loads are transported to the County transfer station for
disposal.
7.6.7 Flood Management Projects: Flood management projects are designed
with N.C. Department of Environment and Natural Resources
requirements, as well as U.S. Army Corps of Engineers requirements.
7.6.8 . Existing Ordinances: The.following City ordinances were identified as
having impacts on water quality:
1.) Title XV, § 158.05 — Erosion and- Sedimentation Control
2.) Title VII, § 71.20 — Spilling or Tracking of Crushed Rock, Dirt,
Garbage, Liquids, Trash, and Other Objectionable Material
3.) Title IX, Public Health Nuisances
4.) Title V, Chapter 55 — Solid Waste
5.) Title V, Chapter 52 — Waste Water
6.) Title V, Chapter 53 — Water Distribution System
7.6.9 Decision Process: The City understands the importance of maintaining
good housekeeping at its facilities from both an efficiency standpoint and
an environmental standpoint. Current practices will be improved through
the.BMP's as noted.
7.6.10 Evaluation: The success of this measure will be evaluated through the
responsiveness of the employees to new BMP's. Documentation of
activities related to housekeeping practices will measure the extent of the
program.
1
1
1
1
1
1
1
1
1
1
1
Appendix A
BMP SUMMARY TABLE
19
i � �� � � � � � � � ifs � � � � � !• �
1. RMP's and Measureable Goals for Public Education and Outreach
ME
�Zeasurab`le GMvx�
+R
;._t�
►23,4S�'
eponsible��-
.osrtia'n�
1
Draft articles for
Prepare articles for publication in the city
city newsletter
newsletter that target a specific stormwater
X
X
X
X
X
Public Information
related issue. The number of fliers sent out
Officer
will be tracked.
2
Distribute brochures to
Distribute the city newsletter with the
groups and citizens
monthly utility bills. Brochures will also bi
Public Information
available at the public library and in other
X
X
X
X
X
Officer
public places. The number published and
distributed will be recorded.
3
Update the City website
Update the City website to include
information on stormwater related issues,
phone numbers to use for incident
X
X
X
X
X
Engineering Tech, II
reporting and current stormwater activities
taking place. A counter will be used to
track the number of requests or hits.
2. Public Involvement and Outreach
�
tttt }. r �► IIr.,rrr
!y 1'S _• � 5 *" }.� yx'' �-•%1� ww
<<
Y ,�,yy--
•3?-
FE[F �•
aM
;
Ls �
'y}
�` ��,'�Y• 11
"_'"c:'_u;zXY,n '
z'v �' �s.F3a: �e�r -., lr
y-�_
1 S
Hold public hearing
Provide public hearing for_
• • •
•
••
Development Engineer
application.
_11011
20
owl M M M M M M M M N r r M r M
3. Illicit Discharge Detection and Elimination
Im-M`%'
- ea�u�rab a a
•��.
YR
5���
�-� �Respotion
Ion
•
r
`
�
.+= PO5
1
Train and coordinate
Prepare and distribute information to other
with other departments
City departments outlining the methods
X
X
X
X
Stormwater Engineer
to report illicit connections
used to detect and identify illicit
connections
2
Prepare and distribute
Notification to the public via brochures
brochures to the public
outlining illicit connections.
X
X
X
X
Public Information
to educate them on
A count of the quantity sent out will
Officer
illicit connections
indicate the BMP's effectiveness.
3
Provide for public
Provide the public with a means of
involvement to report illicit
reporting illicit connections or illegal
X
X
X
X
Engineering Tech. II
connections
dumping activities via telephone and/or
the intemet.
4
Identify person to
Provide an annual report outlining the
Ston-nwater &: Land
follow-up on reports
amount of reported and identified illicit
X
X
X
Development Engineer
connections
4. Construction Site Stormwater Runoff Control
1 1-.�a'e.`Fl.P
1` lajY1 �['r_+iil 't
_. ''."� S
0��`4+j'�
yI <.�.�< - .._
Y."_.,.�•.�`.i'� 'ii v�13T •1.�{ 1,A3� 1"y3 F iFs 'u'� MTl.�1
'Sh ys t
2[; is z :£iYA�e,
AxYr'Z�kr}, �+„
; v1 zf
_'7;
.�
R•
71*�
3: Yi�
MCA
1
Sites will .,.v
Preparefes or publication
Erosion and
newsletter that serves as a reminder to the
PublicMonroe .
Sedimentation Control
public that the City of Monroe currently
Officer
Ordinance
has an Erosion and Sedimentation Control
program in place.
21
S. Post Construction Stormwater Management in New Developemnt and Redevelopment
IP -
easurab a foals
::
NO
�F esp Asible
RAW.
ON ems
.3�ON
�� � ps�tio
I
New sites will abide
All new and renovated sites
by the City of Monroe
must meet City Ordinance requirements
X
X
X
X
X
Stormwater & Land
Watershed Ordinance and
for stormwater runoff.
Development Engineer
15A NCAC 2H.1000
6. Pollution Prevention / Good,Housekeeping for Municipal Operations
e. urab e - o Is.
= YR
tl
es onsiEile
�2
.s
a4
itio n�'-
1
Develop and distribute
Maintain records of those employees
pollution prevention training
who have been trained or informed of
materials to those employees
good housekeeping practices for all
who maintain the public
public facilities with regard to their
X
X
X
X
X
Stormwater Engineer
facilities on the principles of
potential for polluting the waterways.
good housekeeping and how
improper maintenance can be
detrimental to the waterways
2
Provide training for those
Provide fliers and other informational data
employees who maintain the
to inform 'employees of proper procedures
storm sewer systems with
for storage and disposal of waste solids. :
X
X
X
X
X
Stormwater & Land
emphasis on disposal of
Development Engineer
sediments and other solids
removed from the systems
3
Provide training on the use of
Maintain records of those licensed to
herbicides and other
apply herbicides. Provide information
chemicals and how they can
on how storm systems receive runoff
X
X
X
X
X
Parks & Recreation Director
enter the storm systems
from vegetated areas using handouts.
through improper alication
4
Inspect street" operations
Make a weekly inspection of those areas
facility to ensure that all stored
where chemicals used in the street
chemicals are properly
operations are properly stored and secured
X
X
X
X
X
Street Superintendant
contained and any spill
against spillage.
potential is minimized.
22
5
Develop program for vendors
with City contracts to practice
good site housekeeping
Inspect each vendor's work site in the Ci
and evaluate the degree of compliance.
X
X
X
X
X
Stormwater & Land
Development Engineer
6
Review the current spill
Make an annual review of the reponses
response program for its
to spills and evaluate the outcome
x
X
X
X
X
Fire Chief
effectiveness and adjust
of each one.
accordingly
7
Review and evaluate the
Records will be kept of the volume of
effectiveness of the street
materials picked up by the street sweeping
X
X
X
X
X
Street Superintendant
sweeping program and
equipment and presented in an annual
adjust accordingly
report.
23
m3usmilowsi
WATERSHED MANAGEMENT ORDINANCE
24
156.176 LOCATION OF BOUNDARIES OF FLOODPLAIN AND
FLOODWAY DISTRICTS.
As used in this article, the terms floodplain and floodway refer in the first instance
to certain areas whose boundaries are determined and . can be located on the
ground by reference to the specific fluvial characteristics set forth the definition of
these terms. These terms also refer to overlay zoning districts whose boundaries
are established on the reap, which boundaries are intended to correspond to the
actual physical location of floodways and floodplains. ( These overlay districts
thus differ from other zoning districts whose boundaries are established solely
according to planning or policy, rather than physical criteria.) Therefore, the
' administrator is authorized to make necessary interpretations as to the exact
location of the boundaries of the floodways or floodplains if there appears to be a
conflict between a mapped boundary and. actual field conditions. Such
! interpretations, like other decisions of the administrator, may be appealed to the
Board of Adjustment in accordance with the applicable provisions of this chapter.
156.177 'SETBACKS FROM STREAMS OUTSIDE DESIGNATED
FLOODPLAINS.
In .any area that is located outside a designated floodplain but where a stream is
located, no building or fill may be located within a distance of the stream bank
equal to five times the width of the stream at the top of the bank or 20 feet on
each side, whichever is greater.
156.178. WATERSHED PROTECTION ORDINANCE
(A) Authority and Enactment
Pursuant to authority granted by G.S. §.160A-381, as amended, and in
accordance with the mandates as set forth in G.S. §143-214.5, as amended,
this section of the Monroe Code of Ordinances ishereby adopted.
(B) Jurisdiction
The provisions of this chapter shall apply -within the zoning jurisdiction of
the City of Monroe, but only within areas designated as Water Supply
Watersheds by the N.C. Environmental Management Commission. Such
areas shall be depicted on the city's official zoning map.
(C) Relation to Other Ordinances, Regulations, and Plans. .
Where a conflict exists between any limitation or requirement contained in
this' Ordinance and those in any other ordinance, regulation, or plan, the
more restrictive limitation or requirement shall apply. Except as otherwise
provided herein, this ordinance shall not repeal, abrogate, or revoke any
other ordinance, regulation or plan.
(D) Relationship to Any Pending Actions
i
137
The adoption of this Ordinance will not affect any action, suit, or
proceeding, which may be pending at the time the Ordinance is adopted.
With respect to the subject matter of any pending action, all rights and 1.
obligations that exist under any previous zoning ordinances which have
been superseded by this Ordinance are still valid and may be preserved
and enforced. r
,All suits of law and/or prosecutions resulting from. violation of any
Watershed Ordinance heretofore in effect, which are now pending in any
of the courts of this State or of the United States shall not be abated or
abandoned by reason of the adoption of this Ordinance but shall be
prosecuted to their finality,m the same as if this Ordinance had not been
adopted, and any and all violations of the existing Watershed Ordinance,
prosecutions for which have not yet been instituted, may be hereafter filed
and prosecuted. Nothing in this Ordinance shall --be construed as to
abandon, abate, or dismiss any litigation or prosecution now pending
and/or which may heretofore have been instituted or prosecuted.
(E) Severability
If any section or specific provision or standard of this ordinance or any
watershed district boundary arising from it is found by a court to be
unconstitutional or invalid for any reason, the decision of. the court shall
not affect the validity of any other section., provision, standard, or district'
boundary of these regulations, except the provision in question. The other
portions of these regulations not affected by the decision of the court shall f
remain in full force and effect.
(F) Definitions. .
For the purpose of this chapter, certain words or terms are herein defined. ,
Except as defined herein, all other words shall have their everyday
dictionary definition.
AGRICULTURAL USES. The use of waters for stock watering, irrigation, and other
farm purposes.
BALANCE .OF WATERSHED. That part of a water supply watershed that does not lie '
within the critical area.
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural
management -based practice used singularly or in combination to reduce non -point source
.� P b Y - P
inputs to receiving waters in order to achieve water quality protection goals.
BUFFER. A natural.or vegetated area through which stormwater runoff flows in a s:
diffused manner so that the runoff does not became channelized and which provides for
infiltration, of the runoff and filtering of pollutants. The buffer shall' be measured
landward from the normal pool elevation of impounded structures (Iakes) and from the
bank of each side of streams or rivers.
BUILT -UPON AREA. Built -upon areas shall include that portion of a developmert
project that is covered by impervious or partially impervious cover including buildings,
138 is
pavement, gravel roads and panting lots, recreation facilities (e.g., tennis courts), etc,
1 (Note: Wooden slatted decks and the water area of a swimming pool are considered
pervious). Built upon areas shall be determined on a project -by -project basis.
CRITICAL AREA. The'area adjacent to a water supply intake or reservoir where risk
associated with pollution is greater than from the remaining portions of the watershed.
1 DEVELOPMENT. Any land disturbing activity which adds to or changes the amount of
impervious cover on a land . area or which otherwise decreases the infiltration of
precipitation into the soil.
DISCHARGING LANDFILL. A facilitywith liners, monitoring equipment and other
g
measures to detect and/or prevent leachate from entering the enviromnent and in which
the leachate is treated on site and discharged to a receiving stream.
EXISTING DEVELOPMENT. Those projects that were built on or before July 1, 1993
or those projects subsequently built under a valid vested right established prior to July 1,
1993 based on at least one of the following criteria:
(1) Substantial expenditures of resources (tinrie, labor, money) based on a good faith .
reliance upon having received a valid local government approval to proceed with
the project, or
�- (2) Having an outstanding valid building .permit as authorized by G.S. § 160A-385.1,
i. or
(3). Having expended substantial resources (time, labor, money) and having an
approved site specific or phased development plan -as authorized by G.S.. § 160A-
385.1.
EXISTING LOT (LOT OF RECORD). A lot which is part of a subdivision, a plat of
{'
which has been recorded in the Office of the Register of Deeds prior to July 1, 1993 or a
,,lot described by metes and bounds, the description of which has been so recorded prior to
July 1, 1993. (Note: This definition containing the date July-1-,-1993 shall be applicable
only to this chapter.)
HAZARDOUS MATERIAL. Any substance listed as such in: SARA Section 302,
'
Extremely Hazardous Substances, stipulation CERCLA Hazardous Sub -stances, or
Section 322 of CWA (oil and hazardous substances).
PERENNIAL WATERS: All streams, lakes, rivers, and other bodies of water shown as
perennial on the most recent versions' of U.S.G.S. 1.-24,000 scale (7.5 minute quad)
topographic maps, or as determined by NC DENR Division of Water Quality.
TOXIC SUBSTANCE. Any substance or combination of substances (including disease .
causing agents), which after discharge and upon exposure, ingestion, inhalation, or
assimilation into any organism, either directly from the environment or indirectly by
ingestion through food chains, has the potential to cause death, disease, behavioral
abnormalities, cancer, genetic mutations, physiological malfunctions (including
malfunctions or suppression in reproduction or growth or physical deformities in such
PP p growth) . P Y ,
organisms or their offspring or other adverse health effects.
.1
139
VARIANCE, MAJOR. A variance that results in any one or more of the following:
1. The complete waiver of a management requirement;
2. The relaxation, by a factor of more than 10%, of any management requirement
that takes the form of a numerical standard;
3. The relaxation of any management requirement that applies to a development
proposal intended to qualify under the high density option.
VARIANCE, MINOR. A variance that does not qualify as a major variance.
WATER DEPENDENT STRUCTURES. Structures for which the use requires access
or proximity to or siting within surface waters to fulfill its basic purpose, such.as boat. .
ramps, boat houses, docks and bulkheads. Ancillary facilities such as restaurants, outlets
for boat supplies, parking lots and commercial boat storage areas are not water dependent
structures.
WATERSHED. The entire land area contributing surface drainage to a specific point
(for example, the water supply intake).
(A) Exceptions to Applicability.
(1) It is not intended that these regulations interfere with any
easement, covenant or other agreements between parties. However,_,-.'
if the provisions of these regulations impose greater restrictions or
higher standards for the use of a building or land, then the
provisions of these regulations shall control.
(2) Existing development as defined in this chapter, is not subject to
the requirements of this chapter.' Expansions .to structures classified
as e xisting d evelopment o n a ny I of o ther t han a 1 of c ontaining a'
single-family residence as the principal use must meet the
requirements of this chapter; however, the built -upon area of
existing development is not required to be included in the density
calculations.
(3) A p re -existing I of o wned b y a n i ndividual prior t o Ju ly 1, 1993,
regardless o f w Nether o r n of a v ested r ight h as been e stablished,
may be developed or used for single-family residential purposes
without being subject to these regulations.. However, this
exemption is not applicable to multiple contiguous vacant lots
under single ownership where recombination of such lots will
bring them into greater conformity with this chapter.
(B) Regulations which Apply in all Watershed Overlay Districts
(1) General Develo-pment Standard. All projects must minimize built -
upon surface area, direct stormwater away from surface waters and
1
1
I'!
140
' into orate.best management practices BMP's to minimize water
rP 5 p { )
quality impacts.
1.
(2) Approval. The Zoning Administrator is authorized to approve low
density and high density projects consistent with all other
' applicable provisions of this chapter.
(3)
Uses Permitted. All uses permitted in the underlying zoning district
'
are permitted in the- watershed district, except those Iisted in
§ 155.10, subject to the requirements of this chapter, and other
applicable local, state and federal regulations.
(4)
Uses Prohibited Generally. Discharging landfills and the storage of
toxic and hazardous materials unless a spill containment plan is
'
implemented are prohibited in all watershed districts.
1.
(5)
Buffers Required Along Perennial Waters.. A minimum 100 foot
..,vegetative buffer is. required for ,all new. development activities
using the high density or 10/70 option. A minimum 30 foot
. 1
vegetative buffer is required for all new development activities
using the low density option.
1
(6)
Development in Buffer Areas. No new development is allowed in
the vegetative buffer area except for water dependent structures
and public projects such .as' road crossings, utility- lines, and
'
greenways, whereno practical alternative exists. These activities
should minimize built=u on surface area direct runoff away from
P � Y
the surface waters and maximize the utilization of stormwater best
tmanagement
practice.
(C) . WS-III-CA Critical Area
(1)
-Low Density Option. In order to maintain a moderate land use
intensity pattem, single-family residential uses are allowed with a
'
minimum lot size of 40,000 sq. ft except within an approved
conditional use district. All other development shall be allowed a
maximum of 12% built -upon area on a project -by -project basis if
the low density option is used.
(2)
High Density Option. Non single-family residential development,
'
which includes duplexes, multi -family residential, commercial, and
industrial development, is permitted to develop using the high
density option. Development shall not exceed a built -upon area of
I'
30% on a project -by -project basis and must incorporate engineered
stormwater control structures and maintenance.
(3) Uses Prohibited. Landfills and sites for land application of sludge
and residuals or petroleum contaminated soils shall be prohibited.
!' (D) WS III-BW Balance of Watershed
' 141
(E)
(F)
(1) Low Density Option. In order to maintain a moderate land use
intensity pattern, single-family residential uses are allowed with a
minimum lot size of 20,000 sq. ft except within an approved '
conditional use district. All other development shall be allowed a
maximum of 24% built -upon area on a project -by -project basis if '
the low density option is used.
(2) High Density Option. Non single-family residential development,
which includes duplexes, multi -family residential, commercial, and
industrial development, is permitted to develop using the high ,
density option. Development shall not exceed a built -upon area of
50% on a project -by -project basis and must incorporate engineered
stormwater control structures and maintenance programs. '
WS-IV--CA Critical Area
(1) Applicability. Only new development activities that require a
Sedimentation/Erosion Control Plan under state law are required to
meet the provisions of these regulations when located in the WS-
-IV-CA district.
(2) Low Density Option. In order to maintain ' a moderate land use 'l
intensity pattern, .single-family residential uses are allowed with. a
minimum lot size of 20,000 sq. ft except within an approved
conditional use district. All other development shall be allowed a `
maximum .of 24% built -upon area on a project -by -project basis if.
the low density option is used.
(3) High Density Option. Non single-family residential development, ,
which includes commercial, and industrial development;. is
permitted to develop using the high density option. Development
shall not exceed a built -upon area of 50% on a project -by -project
basis and must incorporate engineered, stormwater control
structures and maintenance programs.
(4) Uses Prohibited. Landfills and sites for land application of sludge ,
and residuals or petroleum contaminated soils shall be prohibited.
WS-IV--PA Protected Area. '
(1) Applicability. Only new 'development activities that require a
Sedimentation/Erosion Control Plan under state law are required to
meet the provisions of these regulations when located in the WS-
IV-PA district.
(2) Low Density Option. In order to, maintain a moderate land use
intensity pattern, single-family residential uses are allowed with a '
minimum lot size of 20,000 sq..ft in areas where curb and gutter is
required, or 15,000 square feet in size for projects in areas where
curb and gutter is not' required, except within an approved '
conditional use district. All other development shall be allowed a
142 '
maximum built -upon area of 24% in areas where curb and gutter is
required, or 35% in locations.where curb and gutter is not required,
' on a project -by -project basis if the low density option is used.
(3) High Den sity Option. Non single-family residential development,
which includes duplexes, multi -family residential, commercial, and
industrial development, is permitted to develop using the high
' density option. Development shall not exceed a built -upon area of
70% on'. a project -by -project basis and must incorporate engineered
stormwater control structures and maintenance.
1
{G) Criteria for Development Using the High Density Option.
'Applicants
~
(1) wishing to use the high density option must control
runoff from the first inch of rainfall. Stormwater control structures
must be designed as wet detention ponds, as described in 15A
NCAC 2H .1003(g)(2), (g)(3),. (i), 0), (k), and (I), except that
alternative structures using other treatment options which have
been approved for use in this area by the NC Division of Water
Quality may be used as well if they are consistent with the City of
Monroe's stormwater management program guidelines.
'of
2 The design,. ,. criteria for .a roval storzriwater controlsystems
() i� PP
shall be 85 percent average annual removal of total suspended
'solids. Also, the discharge rate shall meet one of the following
.'
criteria:
'
(a)' the discharge rate following the 1-inch design storm shall
be such that the runoff draws down to the pre -storm design
stage within five days,' but not less than two days; or
(b) the post development peak discharge rate shall e ual•the
predevelopment rate for the I -year, 24 hour storm.
(3) Applicants choosing to use the high density option shall demonstrate
compliance with the following requirements for stormwater control
structures'.
(a) All stormwater control structures shall be designed by
either a professional engineer or a landscape -architect
registered by the State of North Carolina.
(b) All stormwater control structures shall be approved by the
City Engineering Department prior to issuance of a zoning
permit. Maintenance of any approved structure shall be in
conformance with an operation and maintenance plan
143
I
approved by the City Engineering Department and kept on
file in. the City Planning and Development Department.
(c) In addition to the required vegetative filters, all Iand areas
outside of the pond shall be provided with ground cover
sufficient to minimize erosion within-30 calendar days after
any land disturbance. Upon completion of the stormwater
control structure, permanent ground cover shall be'
established and maintained as part of the operation and
maintenance plan described in -division (E) of this section.
(d) The impervious portions of any stormwater control
structure(s) shall not be included when computing built -
upon areas.
(e) 7f the applicant's property is in a drainage area which is
served by a regional stormwater control structure approved
by the city, the. applicart shall not be required and' shall not
have the option of constructing an individual structure for
stormwater control.
(4) Prior to approval of a stormwater control structure, the applicant
shall submit a binding operation and maintenance plan which
ensures continued compliance with this ordinance. Operation and
maintenance plans shall include the following elements.
(a) The plan shall require the owner(s) of the structures) and
their successors . and assigns to maintain, repair, and, if
necessary, reconstruct the structure(s) in accordance with
the operation and maintenance plan. The plan must be
approved prior to, or in conjunction with, approval of the
zoning permit.
(b) -A separate,plan must be provided by the owner(s) for each
stormwater control structure which contains, at a minimum,
what .operation and.maintenance actions are needed and
will be undertaken to ensure compliance, what specific
quantitative criteria will be used for determining when
those actions are to be taken, and who is responsible for
such actions.
(c) Amendments to the plan and/or specifications of the
stormwater control structure(s) must receive approval from
the city. Proposed changes shall be prepared by a
professional engineer or landscape architect, licensed by
the State of North Carolina.
(d) Jf the city finds that the plan, once approved, is inadequate
for any reason, the city shall notify the owner(s) of any
144
changes needed and a time -frame in which changes to the
plan shall be made.
(e) The plan(s) shall be in a recordable form and, once
' approved by the city, shall be recorded at. the Union County
Register of Deeds' Off ce. All fees charged by Union
County for recordation of the document(s) shall be paid by
' -the owner(s) of the structure(s).
(f) All stormwater control structures and pond improvements .
shall be constructed in accordance with the Project
Provisions for Construction of Watershed fond and Outlet
Control Structures as issued by the City Engineering
' Department.
(5) Vegetation and grounds maintenance.
' (a) Landscaping and grounds management shall be the
responsibility of the owner(s) of the stormwater control
structure(s).
(b) Vegetation shall not be established or allowed to mature to
'
the extent that the integrity of the structure(s) is in any way
threatened or diminished, or to the extent of interfering
'
with any easement or access to the structure.
c permit shall be obtained from the Zonin
() A zoning g .
Administrator prior to any repair or reconstruction of the
structure. All improvements shall be consistent with the
approved plan and specifications for that structure. The city
'
shall inspect the completed improvements and inform the
owner(s) of any required additions, changes, or
modifications needed to complete the improvements.
'
(6) Inspections.
(a) All new stormwater control structures shall be inspected by
the city on a periodic basis during constriction. However,
it shall be the sole responsibility of the owner(s) to ensure
that the structures are properly installed according to the.
approved plans.
(b) Prior to the release of a certificate of occupancy for any use
f� locatedwithin a water supply watershed which. requires
engineered, stonnwater control structures, the following
shall be completed:
(i) A final inspection shall be conducted by the city of
' the completed stormwater control structures. Prior
to this inspection, all structures shall be fully
operational and installed according to the approved
' 145
(6)
plan. In addition, the city requires all wet detention
ponds to be at permanent pool elevation and
functioning without leakage through the outlet
'
structure or impoundment prior to final approval.
In cases where dry weather or other problems
,
prevent the facility from being at Rill pond, the
owner(s) has the option of filling the pond
artifzcially at, their expense or providing to the City
of Monroe a letter of credit or cash bond. All letters
of credit are subject to city review and approval
prior to acceptance. The amount of the letter of
'
credit or cash bond shall be sufficient to cover
120% of the estimated amount required for the
completion of the pond and outlet structure but in
'
no case shall be Iess than 510,000. All work
estimates shall provide sufficient detail to deter -mine'
the exact nature of the work to be completed and
'
shall be subject to review and approval by the City
of Monroe Engineering Director. All work shall be
completed on the pond by the owner(s) within six
months of the acceptance of the letter of credit or
cash bond; otherwise, the owner(s) will be deemed
to be in default and will forfeit the funds to' ' the city.
Prior to release of'the letter of credit or cashbond,
the pond must bd inspected and the owner receive
final approval:from the city..
.
(ii) -Certification.by an engineer or landscape architect
.licensed by the State of North Carolina is required
'
for each structure stating that the stormwater control
structure is complete and has been installed
according to the approved plan(s) and
specifications.
(iii) If deficiencies are found as a result of the
inspection, the city shall notify the owner(s) of
needed improvements. Reinspection will be
required.
Annual inspection of stormwater structures.-
(i) All stormwater control structures shall be inspected
by the city on an annual basis to determine whether
the structures are performing as designed and
'
intended. Records of inspection shall be maintained
on forms approved or supplied by the North
Carolina Division of Water Quality. Annual
'
inspections shall begin within one year after the
approval of the stormwater control structure(s) by
the city. A copy of each inspection report shall be
filed with the Zoning Administrator and
Engineering Director.
146
',
(ii) In the event the city's report indicates the need for
corrective action or improvements, the city shall
notify die owning entity of the needed
improvements and the date by which such
improvements are to be completed. All
improvements shall be consistent with the adopted
' operation and maintenance plan and specifications.
Once such improvements are made, the owner(s)
shall forthwith contact the Zoning Administrator.
' and ask that an inspection be made.
(H) The 10/70 Option
(2) • Applicability. As authorized by N.C.A.C. TI5A: 02B.0215, as
amended, the City of Monroe will allow up to ten percent.of the
WS-III-BW district located within the city's planning jurisdiction
to be developed with non-residential uses up to a maximum built -
upon area of 70% on a project -by -project basis. The 10/70 option
may only be applied to an area within a project equal to or less
than twenty -live (25) acres. The project area may be of any size
and located on one or more lots.
(a) Location.. The lots) 'must abut Charlotte Avenue (Old
Charlotte Highway), Dickerson Boulevard, Williams Road,
US 7 4, Commerce D Hive, Hanover D rive, W illiams R oad
Ektension; Rocky River Road; Secrest Short Cut .Road, or
US 601.North.
(b) Size. The 10/70 option may only be applied to an area
within a project equal too or less than ten (10) acres. The
'
project -area may be of any size and located on one or more
Iots.
(3) . Built -upon Area Calculation. For the purpose of calculating the
built -upon area, total project area shall include total acreage in the
'
tracts) on which the project is to be developed..
3 Application and Approval Process.
'
(a) Application Deadline. Complete applications for use of the
1.0/70 option must be submitted to the Zoning
Administrator -at least fifteen days prior to the City Council
meeting at which the request is to be heard.
(b) Application Contents. A complete application consists of: .
.'
1) a sealed survey of sufficient scale and clarity to
accurately and legally locate the tracts of land being used
for development and showing the area of said tracts to
which. the 10/70 option will apply, 2) a completed
application fonn noting the amount of acreage applied for
l
147
(up to 25 acres), the name and address of the applicant, the
name and address of the legal owner(s) of the property, the
current zoning, and the intended use of the property and 3)
'
any.and all fees associated with the application as
established by the City Council. The City Council may
'
request any additional information it deems necessary to
make an informed decision regarding the application.
'
(c) All applications for the 10/70 option shall be considered b y
the City Council at a public meeting and, if considered
appropriate, approved by same: The Council in granting
approval may choose to allocate any amount of acreage
requested for development under the 10/70 option up to but
not exceeding twenty-five (25) acres.
'
(4) Stormwater Control Systems Required. Development of land
under the 10/70 option is considered high density development and '.
is subject to all requirements and responsibilities as detailed in
§ 155.15 of this chapter
Revocation of Approval for the 0/70 Option. The 10/70 o (5} Re _. p 1iondo a ._. L�. option is
.not intended for speculative development proposals. Once'
approved, if development has not commenced within two years of
the date of approval, the City Cotincil may act to revoke approval of the 10/70 option. In addition, any acreage approved for the
10/70 option but not used as part of the development within two
years of the completion of the project as shown on an approved site:
plan shall be subject to revocation of the 10/70 option by the City -
Council.
Action to revoke. the 10/70 option for any portion of a development
site previously approved shall be taken by the City Council at a
public meeting after receiving a report from staff. Such a report
shall be in writing and shall declare that the property owner(s)
within the development as recorded at the register of deeds office,
have been notified at least ten days before the meeting of the
pending action and the date, time, and place of the City Council
meeting at which the report will be given. Said property owner(s)
shall have the right to appear before the City Council at said
meeting and show cause why the City Council should not revoke
the permit. Notification shall be deemed given when written
notice is sent by first class mail to the property owner(s) at the
address(es) shown on the most recent property tax records.
(1) The Application and Approval Process.
(1) Site Plan Required. Prior to approval and issuance of a zoning t
permit for any new structure or expansion to an existing structure
under this chapter, all applicants shall be required to submit a site
plan as outlined below. All site plans must be reviewed by staff
and found to meet submission requirements before any application
148 ,
for a zoning e deemed to complete. Site plans s p rmit is m d be omp p hall
Iinclude
the following inforination:
(a) Single Family Detached Residential Development. The site
plan required for watershed approval is the same as the site
plan required far a zoning permit. This type of site plan
may be drawn by the applicant and does not require an
engineer, surveyor, architect, or landscape architect's seal
'
unless such development appears to lie in whole or part
within a federally designated floodplain or a required
•'
watershed buffer area. If a seal is required, then the
engineer, surveyor, architect, or landscape architect sealing
the plan shall be licensed by the State of North Carolina.
(b). All Uses Except Single Family Detached Residential
Development. All such uses within a watershed overlay
district shall submit a site plan which shows..1) the
location of the. watershed boundary on the tract or a
statement that the entire tract lies within the watershed, 2)
the total acreage of the tract, 3) the amount and percentage
of existing impervious coverage, 4) the amount and.
percentage of impervious coverage which is deemed to be
existing development as defined by this chapter, 5) the
'of
amount and percentage proposed impervious coverage,.
6) the Iocation of all stormwater control structures, existing
,
and proposed, 7) existing and proposed topography of the
site in two foot contours with spot elevations as required to
clarify topography, and 3) the location of all existing and
storn-twater conveyances.
proposed
(2} As -Built' Survey Required. Prior to release of the certificate of
occupancy, the applicant must present an as -built survey of the
property prepared and sealed by a registered surveyor, professional
engineer, registered landscape architect, or architect licensed by
the State of North Carolina. Such as -built survey 'shall show the
.
location and dimension of all impervious coverage and the total
amount of impervious coverage built as a percentage of the total
site.. The Zoning Administrator shall be permitted to waive the
survey requirements of this provision on a case -by -case basis if, in
his judgment upon uivestigation, the percentage amount of the
'
impervious coverage of the tract is well under that permitted by the
ordinance. The. certificate of occupancy'shall not be released if the
impervious coverage of the site exceeds that allowed -by the permit
issued.
E
(3) Fees Required. Applications for watershed approval, use of city-
owned/maintained stonnwater control systems, inspections related
to the initial approval of stormwater control systems, and annual
inspections of stormwater control systems and watershed
development sites shall be subject to any and all relevant fees as
adopted by the City Council and prescribed in the City of Monroe
149
Code of Ordinances. A lication fees shall accompany PP P Y any
application, otherwise the application shall be determined
incomplete and shall be returned to the applicant. '
(J) Variances
•
General _Application Process and Procedures. The process and procedure
for hearing variance requests, as outlined in Chapter 156, Zoning Cade,
shall apply to all requests for a variance to any of the requirements of this
'
chapter as herein established except as noted below.
(1) Extra Notice Required. In addition to standard notification
requirements 1 isted i n C hapter 156, a c opy o f t he p ublic h caring
notice plus a description of the variance requested shall be sent by
first class mail to the clerks of all municipal and county
'
governments having jurisdiction within the same watershed and to
any major consumer of water whose point of intake lies within the
e
same watershed. The notice and description shall be mailed at Ieast
10 days prior to the public hearing. Any comments received from
notified local governments regarding a variance request shall -be
entered into the record of proceedings.
(2) Approval_A uthority. M inor v ariances s haIl b e h card and d ecided
by the Board of Adjustment. ,Major variance requests shall be
'decided by the N.C. Environmental Management Commission
(EMC). The Board of Adjustment shall hear all requests for major
variances .and shall forward its recommendation and a complete.;-'
copy of the hearing record to the EMC for their consideration. If:I"
the EMC approves the major variance or approves with conditions
,
or stipulations added, then the EMC shall prepare a decision which
authorizes - the Board of Adjustment to issue a final decision
including any conditions or stipulations .added by .the EMC. If the
EMC denies the major variance, then the EMC shall prepare a
decision to be sent to the Board of Adjustment. The Board of
Adjustment shall prepare 'afinal decision denying the major
variance ,.as directed by the EMC.
(K) - Enforcement '
(1) Process and Procedure. These regulations shall be enforced by the
Administrator in accordance' with all enforcement processes, L
procedures, and authorities as outlined in and authorized by
(2) Recordkeeping. The Zoning Administrator shall maintain a file -on
all applications for development -within a watershed district and all t
minor and major variances. A copy of all approved variances shall
be submitted annually during the last week of December to. the
Division of Water Quality as required.
150 1
'
()
e Peal and Reenactment o fExisting o
Repeal Watershed Protection Ordinance
1
The rewriting of this chapter in part carries forth by reenactment some of
the provisions of the existing Watershed Protection Ordinance of the city
and it is not -intended to repeal, but rather to reenact and continue in force
'
such existing provisions so that all rights. and liabilities that have been
accrued are preserved and may be enforced. All provisions of the
Watershed Protection Ordinance which are not reenacted herein are
hereby repealed.:
'
156.179
RESERVED.
156.180
SECONDARY IMPACT MITIGATION.
(A)
Buffers
(1) A 35 foot undisturbed vegetated buffer is required along all stream
channels which receive drainage from 50 acres or more.
(2) The buffer shall begin at the most landward limit of the top of bank
or,the most landward limit of the normal ponded water level and
extend landward on perpendicularly.
(3) Diffuse flow of runoff shall be maintained in the riparian buffer to
the extent practicable.
(4) . Existing and ongoing uses shall be exempt.
(5) Allowable uses within the buffer include bridges, dam
maintenance, new stormwater facilities designed to control.
sediment and attenuate flow before being discharged through the
road crossings and temporary sediment and erosion control
devices.
'
156.181
RESERVED.
156.182
, RESERVED.
'
156.183
RESERVED.
156.184 RESERVED.
ARTICLE XV: PARKING
156.185 DEF N,ITIONS.
Unless otherwise specifically provided or unless clearly required by the
' context, the.words and phrases defined below shall have the meaning indicated
when used in this section.
Circulation Area. That portion of the vehicle accommodation area used for
access to parking or .loading areas or other facilities on the lot. Essentially,
151
driveways and other maneuvering areas (other than parking aisles) comprise the
circulation area. '
Driveway. That portion of the vehicle accommodation area that consists of a
travel lane bounded on either side by an area that is not part of the vehicle
accommodation area.
Gross Floor Area_ The total area of a building measured by taking the outside '
dimensions of the building at each floor level intended for occupancy or storage.
Loading and Unloading Area. That portion of the vehicle accommodation area '
used to satisfy the requirements of Section 300.
Vehicle Acco,nmodation Area. That portion of a lot that is used by vehicles for '
access, circulation, parking, and loading and unloading areas, and parking areas
(spaces and aisles).
Parkin; Area Aisles. That portion of the velucle accommodation area consisting '
of lanes providing access to parking spaces.
u.
Pa rktn, Space. A portion of the vehicle accommodations area set for the parking
Y
of one vehicle.
156.186 USE OF PARKING, CIRCULATION' AND LOADING SPACE
Vehicles must be parked in an approved parking or loading space. Vehicles
and merchandise are prohibited from being parked or placed in any area
outside of an approved parking, circulation and/or loading area_.
156.187 NUMBER OF PARKING SPACES REQUIRED.
All developments in all zoning districts shall provide a sufficient number of
parking spaces to accommodate the number of vehicles that ordinarily are likely
to be attracted to the development in question.
Table of Parking Requirements:
Single Family — Space to accommodate four (4) vehicles, this is in addition to a
I
garage, if one is required or provided. Any additional parking spaces and
circulation area above and beyond the 4 required spaces must obtain a special use
permit-
Duplex and Multi Family — 1 space per bedroom plus 1 visitor space per unit
156.188 VEHICLE ACCOMMODATION AREA SURFACES.
(A) All uses except single family residential. All parking, loading, and
driveway areas shall be paved and maintained with asphalt or concrete.
B All sin-Ie family residential uses. All such uses shall be required to have '
a paved driveway off of a public street which provides a continuous paved
surface from the edge of pavement or curb line of the public street to the
152
1
Appendix C
' SANITARY S EWERS & CONNECTIONS
1
25
Waste Water
1.7
1
this percentage is determined by dividing the total
number of TRC violations for the parameter by the
number of compliance judgment points for the
parameter;
(3) Any other violation of a pretreatment
effluent limit (daily maximum or longer -term average)
that the Control Authority determines has caused,
alone or in combination with other discharges,
interference or pass -through (including endangering
the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has
caused imminent endangerment to human health,
welfare or to the environment or has resulted in the
POTW's exercise of its emergency authority under
Paragraph (0(1)(vi)(B) of.40 .CPR 403.8 to halt or
prevent such a discharge;
(5) Failure to meet, within 90 days after the
schedule date, a compliance schedule milestone
contained in . a pretreatment permit or enforcement
order for . starting construction, completing
construction,. or attaining final compliance;
(6) Failure to provide, within 30 days after
the due date, required reports such as baseline
monitoring . reports, 90-day compliance reports,
periodic self monitoring reports, and reports on
compliance with compliance schedules;
(7) Failure , to accurately report
noncompliance,
(8) Any other violation or group of
violations that the Control Authority determines will
adversely affect the operation or implementation of
the local pretreatment program.
SLUG LOAD. Any discharge at a flow rate or
concentration which could cause a violation of the
prohibited discharge standards in § 52.020.
STANDARD INDUSTRUL CLASSIFICATION
(SIC). A classification pursuant to the Standard
Industrial Classification Manual and or from the
200I S-7
North American Industry CIassification System issued
by the Executive Office of the President, Office of
Manage-ment and Budget, 1997.
STORM WATER. Any flow occurring during or
following any form of natural precipitation and
resulting therefrom.
SUPERINTENDENT. The person designated by
the city to supervise the operation of the publicly
owned- treatment works and who is charged with
certain duties and responsibilities by this chapter , or
his duly authorized representative.
.SUSPENDED SOLIDS. The total suspended
matter that floats on the surface of, or is suspended in,
water, waste water or other liquids, and which is
removable by laboratory filtering.
UPSET. An exceptional incident in which there
is unintentional and temporary noncompliance with
categorical- pretreatment standards because of -factors -
beyond the reasonable control of the user. An upset
does not include noncompliance to the extent caused
by operational error; •improperly designed treatment
facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper
operation.
WASTE WATER. The liquid and water -carried
industrial or domestic wastes from dwellings,
commercial buildings, industrial facilities, mobile
sources, treatment facilities and institutions, together
with any groundwater, surface water, and storm water
that may be present, whether treated or untreated,
which are contributed into or permitted to enter -the
POTW.
WASTE WATER PERMIT. As set forth in
§ 52.051.
WATERS OF THE STATE.
(A) All streams, Iakes, ponds, marshes, water-
courses, waterways, wells, springs, reservoirs,
aquifers, irrigation systems, drainage systems and all
'1
18 Monroe - Public Works 1
other bodies or accumulations of water, surface or
underground, natural or artificial, public or private,
which are contained within, flow thorough, or border
upon the state or any portion thereof.
(B) The following abbreviations when used in
this chapter shall have the designated meanings:
BOD
- Biochemical Oxygen Demand
CFR
-. Code of Federal Regulations
COD
- Chemical Oxygen Demand
EPA
- Environmental Protection Agency
gpd
- Gallons per day
G.S.
- North Carolina General Statutes
1
- Liter
Mg
- Milligrams
mg/1 - Milligrams per liter
NPDES - National Pollution Discharge
Elimination System
O & M
- Operation and Maintenance
POTW
- Publicly -Owned Treatment Works
RCRA
- Resource Conservation and Recovery Act
SIC
- Standard Industrial Classification
SWDA
- Solid Waste Disposal Act
TSS
- Total Suspended Solids
TKN
- Total Kjeldahl Nitrogen
USC
- United States Code
(Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed
5-7-96; Am. Ord. 0-2001-05, passed 1-16-01)
SANITARY SEWERS AND CONNECTIONS
§ 52.010 REQUIRED SEWERS AND
CONNECTIONS.
(A) Any person owning a building which is used
for habitation or occupancy within the corporate
limits, which is accessible to a public sanitary sewer
2001 S-7
main, shall connect to the public sewer main, except
when the existing building is already connected to a
septic tank which is functioning without the need for
repair in accordance with the requirements of the
county health department. For the purpose of this
section, accessible is defined as follows:
(1) The public sewer main is either on the
lot or abutting any portion of the lot within a public
right-of-way; and
1
(2) The closest distance of the public sewer I
main to any portion of the building is 200 feet or less.
(B) A sewer connection for service to a building
shall be made by the POTW, or as authorized by the
POTW Director, at the expense of the owner/user.
The extension, repair, or replacement of the building
sewer from the sewer connection to the building shall
be made under an approved building code permit in
accordance with all applicable codes and at the
expense of. the owner or user. The maximum
allowable infiltration for a building sewer is 100
gallons per day/inch-diameter/mile. The POTW may
require repairs or replacement of an existing building
sewer in order to meet the same infiltration allowance
requirements as"specified for new building sewers and
connections.
(C) Where no sanitary sewer main is accessible,
a property owner or developer may propose the
-extension of new sewer mains to.serve property which
would then be connected to the existing POTW. Such
extensions of public mains shall be provided in
accordance with the.ci y Water and Sewer Extension
Policy as adopted by the City Council and shall meet
the applicable technical requirements of Title 15A:
02H .0200 of the North Carolina Administrative
Code, City of Monroe Sanitary Sewer Design
Standards, and City of Monroe Standard Specifications
for Sanitary Sewers.
(D) Where no saaitary.sewer main is accessible,
a septic tank may be installed, after obtaining all
applicable permits. Septic tank installation shall be in
accordance with the standards and requirements of the
1
1
Waste Water
19
State Department of Environment and Natural
Resources, applicable county health regulations, and
all building and plumbing codes.
(E) Separate and independent sewer connections
shall be provided for every building with the below
exceptions:
(1) Where one building stands at the rear of
another and no reasonable access to a sewer main is
available to the rear building except under the front
building, the building sewer from the front building
may be extended to the rear building and be
considered as one building sewer to -one sewer
connection so long as all applicable codes.are met,
and with the prior approval of the POTW Director.
(2) . Multiple buildings under single owner-
ship on a single property may be connected to a pri-
vate sewer main to which individual building sewers
are connected when approved by the POTW Director
in accordance with the city's Water: and Sewer
Extension Policy, provided that all, permits required
by the N.C. Department of Environment,, Health, and
Natural Resources are obtained and complied with.
Separate buildings on separate properties found to be
connected to the same service connection may 'at the
discretion of the POTW Director be ordered to install
separate building connections at the owners expense.
(F) An old sewer connection or building sewer
may be used to serve.a new building only when found
on examination and test by the POTW to meet all
requirements of this chapter.
(G) Wherever possible, the building sewer shall
be brought to the -building at an elevation below the
basement floor. In all buildings in which any building
drain is too low to permit gravity flow to the sewer
connection, domestic sewage carried by such building
drain shall be lifted by an approved means and dis-
charged to, the sewer connection at the expense of the
owner/user.
(H) The city must review and approve all sewer
connections from a new building or expansion or
modification of an existing building to the sanitary
sewer main, regardless of origin, if the waste water is
to be treated by the city's POTW, except residential
connections to other governmental agencies' existing
sewerage collection systems. All sewers and
connections approved by the city shall be properly
designed and constructed in accordance with such
guidelines as published by the Environmental Pro-
tection Agency (reference 40 CFR, section 35.92704
or as revised).
(Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed
5-7-96; Am. Ord. 0-1997-38, passed 9-16-97; Am.
Ord. 0-2001-05, passed 1-16-01)
§ '52.011 MAINTENANCE OF BUILDING
SEWERS AND SEWER CONNECTIONS.
(A) Building sewers extended to the sewer
connection shall be maintained by the owner/user,
(9) The "Sewer Connection" shall be maintained
by the city at the expense of the owner. However, the
owner shall be responsible for maintaining an open
flow path from the building sewer through the sewer
connection to the sewer main line or terminal
manhole.
(C) Relocation and/or replacement of a sewer
connection for individual improvement or develop-
ment shall be made by the city at the expense of the
owner/user.
(D) Where sewer service is permanently dis-
continued, the sewer connection shall be capped by the
city at the expense of the owner/user.
(Ord. passed 6-22-94; Am. Ord. 0-1996-11, passed
5-7-96; Am. Ord. 0-2001-05, passed 1-16-01)
§ 52.012 STREET CUTS.
All street cuts in connection with sewer service
shall be made by the city. See the latest edition of
Appendix A of this chapter, on file in the office of the
City Cleric.
(Ord. passed 6-22-94)
2001 S-7
20 Monroe - Public Works 1
§ 52.013 CONNECTION APPLICATION AND
FEES.
(A) Any owner/user desiring to connect any
premises to the city sewerage system shall make an
application therefore to the city. Such application
shall state the name of the owner/user of the premises
involved, the street address of the premises, the size
of the proposed connection, and other appropriate
information necessary for the city to determine if the
application can be approved in accordance with all
provisions of this chapter.
(B) Payment of all connection fees shall
accompany the service application for a sewer
connection.
(1) The connection fee shall include the
cost of the connection to the right-of-way or easement
line of the property of the owner/user, and all
applicable availability fees.
(2)- Such connection fee shall be fixed
according to a fee schedule for such connection
established by the City Council and shall be specified
in the latest edition of Appendix A of this chapter, on
file in the office of the City Cleric.
(Ord. he
6-22-94; Am. Ord. 0-2001-05, passed
1-16-01)
§ 52.014 BACKWATER VALVES.
All gravity building drains or building sewers
connecting to new structures or modifications to
existing structures requiring a plumbing permit, which
drain plumbing fixtures at an elevation lower than the
rim elevation of the closest upstream manhole of the
public sewer main from where the building sewer is
connected to the main, shall have installed on the
building sewer or building drain a backwater valve to
protect such fixtures from backwater either from the
sewer connection or the public sewer main_ The
backwater valves shall be constructed to open to allow
normal unimpeded . use of the building drain and
building sewer but shall. insure a mechanical seal
against backflow. The backwater valve shall be
accessible for service and repair and shall meet the
technical requirements of Section 704.7 or P2206.9 of
2001 S-7
the North Carolina State Building Code, Volume II
Plumbing, latest edition.
(Ord. 0-1996-11, passed 5-7-96; Am, Ord_
0-1997-38, passed 9-16-97)
GENERAL SEWER USE REQUIREMENTS
§ 52.020 PROHIBITED DISCHARGE
STANDARDS.
(A) General Prohibitions. No user shall
contribute or cause to be contributed into the POTW,
directly or indirectly, any pollutant or waste water
which will cause interference or pass through. These
general prohibitions apply to all users of a POTW
whether or not the user is a significant industrial user
or subject to any national, state, or local pretreatment
standards or requirements.
(B) Specific Prohibitions. No user shall
contribute oc.cause to be contributed into the POTW
the following pollutants, substances, or waste water:
(1) Pollutants which create fire, or ex-
plosion in the POTW, including, but not limited to,
wastestream with a closed cup flashpoint of less than
140'F (60'C) using the test methods specified in 40
CFR 261.21.
(2) Solid or viscous substances in amounts
which will cause obstruction of the flow in the POTW
resulting in interference (but in no case solids greater
than one-half inch in any dimension).
. (3) Petroleum fuel or oil, nonbiodegradable
cutting oil, or products of mineral fuel or oil. origin, in
amounts that will cause interference or pass through,
or in any amounts discharged from storage or
containment areas which are separate from process
use.
(4) Any waste water having a pH less than
5.0 or more than 12.0, or waste water having any
other corrosive property capable of causing damage to
the POTW or equipment.
1
t
1