NCS000431_Stormwater Ordinance_201909262019

APPENDIX C - STORMWATER ORDINANCE (PHASE II)
ARTICLE I. - GENERAL PROVISIONS
Section 10.1. -Title.
This chapter shall be officially known as the "Phase II Stormwater Ordinance for the City of Conover,
North Carolina," and may be referred to as "stormwater ordinance".
(Ord. No. 15-07, § 1, 5-7-07)
Section 10.2. - Authority.
The City Council of City of Conover is authorized to adopt this chapter pursuant to North Carolina
law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina
General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission there
under; Session Law 2004-163; Chapter 160A, §§ 174, 185.
(Ord. No. 15-07, § 1, 5-7-07)
Section 10.3. - Findings.
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increases
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned controls
to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal Phase II
Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission Promulgated in response to federal phase II requirements, compel certain
urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those
included in this chapter.
Therefore, the City Council of the City of Conover 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.
(Ord. No. 15-07, § 1, 5-7-07)
Section 10.4. - Purpose.
(A) General. The purpose of this chapter is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control
the adverse effects of increased post -development stormwater runoff and nonpoint and point source
pollution associated with new development and redevelopment, as well as illicit discharges into the
municipal stormwater systems. It has been determined that proper management of construction -
related and post -development stormwater runoff will minimize damage to public and private property

and infrastructure, safeguard the public health, safety, and general welfare, and protect water and
aquatic resources.
(B) Specific. This chapter seeks to meet its general purpose through the following specific objectives
and means:
1. Establishing decision -making processes for development that protect the integrity of watersheds
and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development hydrologic
response in their post -development state as nearly as practicable for the applicable design
storm in order to reduce flooding, stream bank erosion, nonpoint and point source pollution and
increases in stream temperature, and to maintain the integrity of stream channels and aquatic
habitats;
3. Establishing minimum post -development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction, function, and use of structural
stormwater best management practices (BMPs) that may be used to meet the minimum post -
development stormwater management standards.
5. Encouraging the use of better management and site design practices, such the use of vegetated
conveyances for stormwater and the preservation of green space and other conservation areas
to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are
maintained appropriately, an pose no threat to public safety;
Establishing administrative procedures for the submission, review, approval and disapproval of
stormwater management plans, for the inspection of approved projects, and to assure
appropriate long-term maintenance.
Coordinating site design plans that include open space and natural areas that are consistent
with the City of Conover Subdivision Ordinance and the most current officially adopted land
development plan.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE II. - APPLICABILITY AND JURISDICTION
Section 20.1. - Authority.
(A) General. Beginning with and subsequent to its effective date, this chapter shall be applicable to all
development and redevelopment, including, but not limited to, site plan application, subdivision
application, and grading applications, unless exempt pursuant to subsection (B) of this section,
Exemption, below.
(B) Exemptions. Development that cumulatively disturbs less than one acre and is not part of a larger
common plan of development or sale is exempt from the provisions of this chapter.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common plan
of development or sale is exempt from the provisions of this chapter.
Development and redevelopment that disturb less than one acre are not exempt if such activities are
part of a larger common plan of development or sale, even though multiple, separate or distinct activities
take place at different times on different schedules.

Activities that are exempt from permit requirements of Section 404 of the Federal Clean Water Act,
as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this article.
(C) Map. The provisions of this article shall apply within the areas designated on the most current map
titled "Official Zoning Map for the City of Conover, North Carolina", as adopted by the Conover City
Council.
(Ord. No. 15-07, § 1, 5-7-07)
Section 20.2. - Interpretation.
(A) Meaning and intent. All provisions, terms, phrases, and expressions contained in this article shall be
construed according to the general and specific purposes set forth in section 10.4, Purpose. If a
different or more specific meaning is given for a term defined elsewhere in the City of Conover's or
Catawba County's Code of ordinances, the meaning and application of the term in this article shall
control for purposes of application of this article.
(B) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this
article and any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for interpretation. The stormwater administrator has the authority to determine the
interpretation of this article; any person may request an interpretation by submitting a written request
to the stormwater administrator who shall respond in writing within thirty (30) days. The stormwater
administrator shall keep on file a record of all written interpretations of this article.
(D) References to statutes, regulations, and documents. Whenever reference is made to a resolution,
ordinance, statute, regulation, manual (including the design manual), or document, it shall be
construed as a reference to the most recent edition of such that has been finalized and published
with due provision for notice and comment, unless otherwise specifically stated.
(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 Conover, 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 Conover. References to days are
calendar days unless other wise referenced.
(F) Delegation of authority. Any act authorized by this article to be carried out by the Stormwater
Administrator of the City of Conover, may be carried out by his or her designee.
(G) Usage.
(1) Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in
nature, establishing an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items, conditions, provisions
or events apply. The word "or" indicates that one or more of the connected items, conditions,
provisions or events apply.
(3) Tense, plurals, and gender. Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural number includes the
singular number, unless the context to the particular usage clearly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
(H) Measurement and computation. Lot area refers to the amount of horizontal land area contained in
side the lot lines of a lot or site.
(Ord. No. 15-07, § 1, 5-7-07)

Section 20.3. - Design manual.
(A) Reference to design manual. The stormwater administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the design manual as the basis for
decisions about stormwater permits an about the design, implementation and performance of
structural and non-structural stormwater BMP's.
The design manual includes a list of acceptable stormwater treatment practices, including the
specific design criteria for each stormwater practice. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet
the minimum water quality performance standards of the Phase II laws.
(B) Relationship of design manual to other laws and regulations. If the specifications or guidelines of
the design manual are more restrictive or apply a higher standard than other laws or regulation, that
fact shall not prevent application of the specifications or guidelines in the design manual.
(C) Changes to standards. If the standards specifications, guidelines, policies, criteria, or other
information in the design manual are amended subsequent to the submittal of an application for
approval pursuant to this article but prior to approval, the new information shall control and shall be
utilized in reviewing the application and in implementing this article with regard to the application.
(Ord. No. 15-07, § 1, 5-7-07)
Section 20.4. - Relationship to other laws, regulations and private agreements.
(A) Conflict of Laws. This article is not intended to modify or repeal any other ordinance, rule, regulation
or other provision of law. The requirements of this article are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law, and where any provision of this article
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 article is not intended to revoke or repeal any easement, covenant, or
other private agreement. However, where the regulations of this article are more restrictive or impose
higher standards or requirements than such easement, covenant, or other private agreement, then
the requirements of this article shall govern. Nothing in this article shall modify or repeal any private
covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this article. In no case shall the City of Conover be obligated to enforce the provisions of
any easements, covenants, or agreements between private parties.
(Ord. No. 15-07, § 1, 5-7-07)
Section 20.5. - Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article 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 article.
(Ord. No. 15-07, § 1, 5-7-07)
Section 20.6. - Effective date and transitional provisions.
(A) Effective date. This article shall take effect on May 7, 2007.

(B) Final approvals, complete applications. All development and redevelopment projects for which
complete and full applications were submitted and approved by the Conover City Council prior to the
effective date of this article 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 article 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 deemed approved prior to the effective date of this article 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 article to that phase of development would require a material change in that
phase of the plan.
C. Violations continue. Any violations of provisions existing on the effective date of this article shall
continue to be a violation under this article and be subject to penalties and enforcement under this
article unless the use, development, construction, or other activity complies with the provisions of this
article.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE III. - ADMINISTRATION AND PROCEDURES
Section 30.1. - Review and decision -making entities.
(A) Designation. A stormwater administrator shall be designated by the city council to administer and
enforce this article.
(B) Powers and duties. In addition to the powers and duties that may be conferred by other provisions
of the City of Conover Code of Ordinances and other laws, the stormwater administrator shall have
the following powers and duties under the article.
(1) To review and approve, approve with conditions, or disapprove applications for approval of
plans pursuant to this article.
(2) To make determinations and render interpretations of this article.
(3) To establish application requirements and schedules for submittal and review of applications
and appeals, to review and make recommendations to the city council on applications for
development or redevelopment approvals.
(4) To enforce the provisions of this article in accordance with its enforcement provisions.
(5) To maintain records, maps, and official materials that relate to the adoption, amendment,
enforcement, or administration of this article.
(6) To provide expertise and technical assistance to the city council and planning board, upon
request.
(7) To designate appropriate other persons who shall carry out the powers and duties of the
stormwater administrator.
(8) To take any other action necessary to administer the provisions of this article.
(Ord. No. 15-07, § 1, 5-7-07)

Section 30.2. - Review procedures
(A) Permit required, must apply for permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this article. A permit may only be issued subsequent to a
properly submitted and reviewed permit application, pursuant to this section.
(B) Effect of permit. A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs and elements
of site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this article, whether the approach consists of
structural BMPs or other techniques such as low -impact or low -density design. This permit does not
continue in existence indefinitely after the completion of the project; rather, compliance after project
construction is assured by the maintenance provisions of this article.
(C) Authority to file applications. All applications required pursuant to this code shall be submitted to the
stormwater administrator by the landowner or the landowner's duly authorized agent.
(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 article.
(2) Submission schedule. The stormwater administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete applications must be
submitted for the purpose of ensuring that there is adequate time to review applications, and
that the various stages in the review process are accommodated.
(3) Permit review fees. Stormwater permit fees shall be established and approved by the Conover
City Council, and shall be provided on the most current adopted fee schedule for the applicable
city department. Policies regarding refund of any fees upon withdrawal of an application will also
be dictated by the adopted fee schedule. These fees and policies may be amended and
updated from time to time.
(E) Submittal of complete application. Applications shall be submitted to the stormwater administrator
pursuant to the application submittal schedule in the form established by the stormwater
administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to this article, 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 thirty (30) working days after a complete application is submitted, the stormwater
administrator shall review the application and determine whether the application complies with the
standards of this article.
(1) Approval. If the stormwater administrator finds that the application complies with the standards
of this article, the stormwater administrator shall approve the application. The stormwater
administrator may impose condition of approval as needed to ensure compliance with this
article. 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 article, the stormwater administrator shall notify the applicant and shall indicate

how the application fails to comply. The applicant shall have an opportunity to submit a revised
application.
(3) Revision and subsequent review. A complete revised application shall be reviewed by the
stormwater administrator within fifteen (15) working days after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from the date the applicant
was notified, the application shall be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the appropriate fee.
One re -submittal of a revised application may be submitted without payment of an additional permit
review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit review fee
additional fee, as established pursuant to this article.
(Ord. No. 15-07, § 1, 5-7-07)
Section 30.3. - Applications for approval.
(A) Conceptual sketch plan and consultation meeting. Before a stormwater management permit
application is deemed complete the stormwater administrator or developer may request a
consultation on a concept sketch plan for the post -construction stormwater management system to
be utilized in the proposed development project. This consultation meeting should take place at the
time of the sketch plan of subdivision or other early step in the development process. The purpose of
this meeting is to discuss the post -construction stormwater management measures necessary for the
proposed project, as well as to discuss and assess constraints, opportunities and potential
approaches to stormwater management designs before formal site design engineering is
commenced. Overall site design, watershed plans, open space requirements, and other relevant
resource protection plans may be consulted in the discussion of the concept plan.
To accomplish this goal the following information should be included in the conceptual sketch plan,
which should be submitted in advance of the meeting:
(1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minimum: existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (when available);
boundaries of existing predominant vegetation and proposed limits of clearing and grading; and
location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
(2) Natural resources inventory. A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features, topography,
wetlands, and native vegetative areas on the site, as well as the location and boundaries of
other natural feature protection and conservation areas such as lakes, ponds, floodplains,
stream buffers and other setbacks. Particular attention should be paid to environmentally
sensitive features that provide particular opportunities or constraints for development.
(3) Stormwater management system concept plan. A written or graphic conceptual sketch plan of
the proposed post -development stormwater management system including: preliminary
selection and location of proposed structural stormwater controls; low impact design elements;
location of existing and proposed conveyance systems such as grass channels, swales, and
storm drains; flow paths; location of floodplain/floodway limits; relationship of site to upstream
and downstream properties and drainages; and preliminary location of proposed stream
channel modifications, such as bridge or culvert crossings.
(B) Stormwater management permit application. The stormwater management permit application shall
detail how post -development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this chapter, including Article IV, 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 article.
The submittal shall include all of the information required in the submittal checklist established by the
stormwater administrator. Incomplete submittals shall be treated pursuant to Section 30.2 (D).
(C) As -built plans and final approval. Upon completion of a project, and before a certificate of
occupancy shall be granted, the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit actual "as built"
plans for all stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and
practices and the filed location, size, depth, and planted vegetation of all measures, controls, and
devices, as installed. The designer of the stormwater management measures and plans shall certify,
under seal, that the as -built stormwater measures, controls, and devices are in compliance with the
approved stormwater management plans and designs and with the requirements of this article. 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 Conover
without final as -built plans and a final inspection and approval by the stormwater administrator.
(Ord. No. 15-07, § 1, 5-7-07)
Section 30.4. - Approvals.
(A) Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and
activity authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
(B) Time limibexpiration. An approval plan shall become null and void if the applicant has failed to make
substantial progress on the site within one (1) year after the date of approval. The stormwater
administrator may grant a single, one-year extension of this time limit, for good cause shown, upon
receiving a written request from the applicant before the expiration of the approved plan.
In granting an extension, the stormwater administrator may require compliance with standards
adopted since the original application was submitted unless there has been substantial reliance on the
original permit and the change in standards would infringe the applicant's vested rights.
(Ord. No. 15-07, § 1, 5-7-07)
Section 30.5. - Appeals.
(A) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this article made by the stormwater
administrator, may file an appeal to the Conover City Council within thirty (30) days.
(C) Filing of appeal and procedures. Appeals shall be taken within the specified time period by filing a
notice of appeal and specifying the grounds for appeal on forms provided by the City of Conover.
The stormwater administrator shall forthwith transmit to the Conover City Council all documents
constituting the record on which the decision appealed from was taken. The hearing conducted by
the Conover City Council shall be conducted in the nature of a quasi-judicial proceeding with all
findings of fact supported by competent, material evidence.

(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE IV. - STANDARDS
Section 40.1. - General standards.
All development and redevelopment to which this article applies shall comply with the standards of
this section.
(Ord. No. 15-07, § 1, 5-7-07)
Section 40.2. - Development standards for low -density projects.
Low -density projects shall comply with each of the following standards:
(A) Stormwater runoff from the development shall be transported from the development by vegetated
conveyances to the maximum extent practicable.
(B) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be deemed present if the feature is
approximately shown on either the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception
to this requirement may be allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made using division -
approved methodology.
(C) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project plans.
(Ord. No. 15-07, § 1, 5-7-07)
Section 40.3. - Development standards for high -density projects.
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(A) The measures shall control and treat the runoff from the first one (1) inch of rainfall. Runoff volume
drawdown time shall be a minimum of forty-eight (48) hours, but not more that one hundred twenty
(120) hours.
(B) All structural stormwater treatment systems used to meet the requirements of this program shall
discharge the storage volume at a rate equal to or less than the predevelopment discharge rate for
the one (1) year, twenty-four (24) hour storm.
(C) All structural stormwater treatment systems used to meet the requirements of the program shall be
designed to a have a minimum of 85 percent average annual removal for total suspended solids
(TSS);
(D) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the design manual;
(E) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and intermittent
surface waters. A perennial or intermittent surface water shall be present if the feature is
approximately shown on either the most recent version of the 1:24,000 scale (7.5 minute)
quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception
to this requirement may be allowed when surface waters are not present in accordance with the

provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made using division -
approved methodology.
(F) The approval of the stormwater permit shall require an enforceable restriction on property usage
that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that
future development and redevelopment maintains the site consistent with the approved project plans.
(Ord. No. 15-07, § 1, 5-7-07)
Section 40.4. - Standards for stormwater control measures.
(A) Evaluation according to contents of design manual. All stormwater control measures and
stormwater treatment practices (also referred to as best management practices, or BMPS) required
under this article shall be evaluated by the stormwater administrator according to the policies,
criteria, and criteria for each stormwater practice, in the design manual. The stormwater
administrator shall determine whether they will be adequate to meet the requirements of this article.
(B) Determinations of adequacy; presumptions and alternatives. Stormwater treatment practices that
are designed, constructed, and maintained in accordance with the criteria and specifications in the
design manual will be presumed to meet the minimum water quality and quantity performance
standards of this article. 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 article. The stormwater administrator may require
the applicant to provide such documentation, calculations, and examples as necessary for the
stormwater administrator to determine whether such an affirmative showing is made.
(C) [Best management practices (BMP)] Proposed stormwater best management practices (BMP)
consisting of wet detention or dry detention shall not be permitted in locations where such structures
would have a negative impact on the aesthetics of the community and/or public safety. Such BMPs
shall be reviewed and approved by the Site Plan Review Committee.
(Ord. No. 15-07, § 1, 5-7-07; Ord. No. 47-08, 11-3-08)
Section 40.5. - Reserved.
Section 40.6. - Variances.
(A) Any person may petition the Conover City Council for a variance granting permission to use the
person's land in a manner otherwise prohibited by this article. To qualify for a variance, the petitioner
must show all of the following:
(1) Unnecessary hardships would result from strict application of this article.
(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 article; will
secure public safety and welfare; and will preserve substantial justice.
(B) The City of Conover 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 thirty-foot landward location of
built -upon area requirement as well as the deed restrictions and protective covenants requirements shall
be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long as it is located, designed, constructed, and maintained
to minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water
quality to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located fifteen (15) feet landward of all
perennial and intermittent surface waters and as long as it is located, designed, constructed,
and maintained to minimize disturbance, provide maximum nutrient removal, protect against
erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential
for a reduction in size, configuration, or density of the proposed activity and all alternative
designs, the basic project purpose cannot be practically accomplished in a manner which would
avoid or result in less adverse impact to surface waters.
(Ord. No. 15-07, § 1, 5-7-07)
Section 40.7. - Additional standards for special situations.
(A) Nutrient sensitive waters. In addition to the standards for stormwater handling set out in the design
manual, development and redevelopment that drains in whole or part to class nutrient sensitive
waters (NSW) waters shall design and implement the best stormwater practices that reduce nutrient
loading, while meeting the other requirements of this article.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE V. - MAINTENANCE
Section 50.1. - General standards for maintenance.
(A) Function of BMPS as intended. The owner of each structural BMP installed pursuant to this article
shall maintain and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural BMP was designed.
(B) Annual maintenance inspection report. The person responsible for maintenance of any structural
BMP installed pursuant to this article shall submit to the stormwater administrator an inspection
report from one of the following persons performing services only in their area of competence: a
qualified registered North Carolina professional engineer, surveyor, landscape architect, soil
scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service
for stormwater treatment practice inspection and maintenance. The inspection report shall contain all
of the following:
(1) The name, address, phone number and email address (email address if available) of the
current land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;

(5) A statement that all inspected structural BMPs are performing properly and are in compliance
with the terms and conditions of the approved maintenance agreement required by this article;
and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the stormwater administrator. An original
inspection report shall be provided to the stormwater administrator beginning one year from the date of
as -built certification/final plat approval and each year thereafter on or before the date of the as -built
certification/final plat approval.
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.2. - Operation and maintenance agreement.
(A) In general. Prior to the conveyance or transfer of any lot or building site to be served by a structural
BMP pursuant to this article, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this article, the applicant or owner of the site must execute an
operational and maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BMP. Until the transference of all
property, sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair
and, if necessary, reconstruct the structural BMP, and shall state the terms conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to the City of Conover a right of entry in the
event that the stormwater administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of
itself, confer an obligation on the City of Conover to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the stormwater administrator prior
to plan approval, and it shall be referenced on the final plat and shall be recorded with the county register
of deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the
stormwater administrator within fourteen (14) days following its recordation.
(B) Special requirement for homeowners' and other associations. For all structural BMPs required
pursuant to this article 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) Provide financial security, 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
Conover, in its sole discretion, may remedy the situation, and in such instances the City of
Conover shall be fully reimbursed by the association and its members for sediment removal,
structural, biological or vegetative replacement, major repair, and reconstruction of the structural
BMPs, provided that the City of Conover shall first consent to the expenditure.
(3) Granting to the City of Conover a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural BMPs.
(4) Allowing the City of Conover to recover from the association and its members any and all costs
the City of Conover expends to maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Conover all of its expended costs, after forty-
five (45) days' written notice, shall constitute a breach of the agreement. In case of a deficiency,
the City of Conover shall thereafter be entitled to bring an action against the association and its

members to pay, or foreclose upon the lien hereby authorized by the agreement against the
property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.
(5) A statement that this agreement shall not obligate the City of Conover to maintain or repair any
structural BMPs, and the City of Conover shall not be liable to any person for the condition or
operation of structural BMPs.
(6) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
City of Conover to enforce any of its articles as authorized by law.
(7) A provision indemnifying and holding harmless the City of Conover for any costs and injuries
arising from or related to the structural BMP, unless the City of Conover has agreed in writing to
assume the maintenance responsibility for the BMP and has accepted dedication of any and all
rights necessary to carry out that maintenance.
(8) An annual certified financial statement shall be provided to the stormwater administrator
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.3. - Inspection program.
Inspections and inspection programs by City of Conover may be conducted or established on any
reasonable basis, including but not limited to routine inspections; random inspections; inspections based
upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting
under environmental or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater, and material or water
in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the stormwater
administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its
successor. No person shall obstruct, hamper or interfere with the stormwater administrator while carrying
out his or her official duties.
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.4. - Performance security for installation and maintenance.
(A) Required. The City of Conover requires the submittal of a performance security or bond with surety,
cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in
order to ensure that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management plan, and
(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 twenty-five (25) percent.
(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 article,
approvals issued pursuant to this article, or an operation and maintenance agreement
established pursuant to this article.
(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 Conover 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 City of Conover takes action upon such failure by
the applicant or owner, the City of Conover may collect from the applicant or owner the
difference between the amount of the reasonable cost of such action and the amount of the
security held, in addition to any other penalties or damages due.
(4) Refund. Within sixty (60) 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
twenty-five (25) percent of landscaping installation and ongoing maintenance associated with
the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved plans and specifications and, if in
compliance, the portion of the financial security attributable to landscaping shall be released.
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.5. - Notice to owners.
(A) Deed recordation and indication on plat. The applicable operations, including, but not limited to the
maintenance agreement (O&M) pertaining to every structural BMP(s) shall be referenced on the final
plat and shall be recorded with the Catawba County Register of Deeds upon final plat approval. If no
final plat is recorded for the site, then the operations and maintenance agreement shall be recorded
with the Catawba County Register of Deeds so as to appear in the chain of title of all subsequent
purchasers under generally accepted searching principles.
(B) Signage. To assure compliance with this article, structural BMP(s) shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual inspection. The
sign shall be erected and maintained by the responsible party and remain visible and legible.
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.6. - Records of installation and maintenance activities
The owner of each structural BMP(s) shall keep records of inspections, maintenance, and repairs for
at least five (5) years from the date of creation of the record and shall submit the same upon reasonable
request to the stormwater administrator.
(Ord. No. 15-07, § 1, 5-7-07)
Section 50.7. - Nuisance.
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as
not to create or result in a nuisance condition.

(Ord. No. 15-07, § 1, 5-7-07)
Section 50.8. - Maintenance easement.
Every structural BMP installed pursuant to this article shall be made accessible for adequate
maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall
specify who may make use of the easement and for what purposes.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE VI. - ENFORCEMENT AND VIOLATIONS
Section 60.1. - General.
(A) Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator,
his or her designee, or any authorized agent of the City of Conover. Whenever this section refers to
the stormwater administrator, it includes his or her designee as well as any authorized agent of the
City of Conover.
(B) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this article, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this article, is unlawful and shall
constitute a violation of this article.
(C) Each day a separate offense. Each day that a violation continues shall constitute a separate and
distinct violation or offense.
(D) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether
actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure,
BMP, practice, or condition in violation of this article 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 article, or fails to take appropriate action, so that a
violation of this article results or persists; or an owner, any tenant or occupant, or any other person,
who has control over, or responsibility for, the use or development of the property on which the
violation occurs.
For the purpose of this article, responsible person(s) shall include but not be limited to:
(1) Person maintaining condition resulting in or constituting violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this article, or fails to
take appropriate action, so that a violation of this article results or persists.
(2) Responsibility for land or use of land. The owner of the land on which the violation occurs, any
tenant or occupant of the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person, who has control
over, or responsibility for, the use, development or redevelopment of the property.
(Ord. No. 15-07, § 1, 5-7-07)
Section 60.2. - Remedies and penalties.
(A) Remedies.

(1) Withholding of certificate of occupancy. The stormwater administrator or other authorized agent
may refuse to issue a certificate 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
article continues and remains uncorrected, the stormwater administrator or other authorized
agent may withhold, and the Conover City Council may disapprove, any request for permit or
development approval or authorization provided for by this article or any zoning permit for the
land on which the violation occurs.
(3) Injunction, abatements, etc. The stormwater administrator, with the written authorization of the
Conover City Manager, may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a violation of this article.
Any person violating this article shall be subject to the full range of equitable remedies provided
in the general statutes or at common law.
(4) Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or
prejudicial to the public health or public safety and is within the geographic limits prescribed by
North Carolina G.S. § 160A-193, the stormwater administrator, with the written authorization of
the Conover City Manager, may cause the violation to be corrected and the costs to be
assessed as a lien against the property.
(5) Stop work order. The stormwater administrator may issue a stop work order to the person(s)
violation this article. The stop work order shall remain in effect until the person(s) has taken the
remedial measures set forth in the notice of violation or has otherwise cured the violation or
violations described therein. The stop work order may be withdrawn or modified to enable the
person to take the necessary remedial measures to cure such violation or violations.
(B) Civil penalties. Violation of this article may subject the violator to a civil penalty to be recovered in a
civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after
notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up
to the full amount of penalty to which City of Conover is subject for violations of its Phase II
stormwater permit.
(C) Criminal penalties. Violation of this article may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
(Ord. No. 15-07, § 1, 5-7-07)
Section 60.3. - Procedures.
(A) Initiation/complaint. Whenever a violation of this article occurs, or is alleged to have occurred, any
person may file a complaint. Such complaint shall state fully the alleged violation and the basis
thereof, and shall be filed with the stormwater administrator, who shall record the complaint. The
complaint shall be investigated promptly by the stormwater administrator.
(B) Inspection. The stormwater administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with
this article.
(C) Notice of violation and order to correct. When the stormwater administrator finds that any building,
structure, or land is in violation of this article, the stormwater administrator shall notify, in writing, the
property owner or other person violating this article. The notification shall indicate the nature of the
violation, contain the address or other description of the site upon which the violation is occurring,
order the necessary action to abate the violation, and dive a deadline for correcting the violation. If
civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil

penalties to be assessed, the time of their accrual, and the time within which they must be paid or be
subject to collection as a debt.
The stormwater administrator may deliver the notice of violation and correction order personally, by
the City of Conover Police Department, or by registered mail, return receipt requested, or by any means
authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable time as provided in the notification, the stormwater
administrator may take appropriate action under this article to correct and abate the violation and ensure
compliance with this article.
(D) Extension of time. A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the stormwater administrator a written request
for an extension of time for correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within the specified time limit for
reasons beyond the control of the person requesting the extension, the stormwater administrator
may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to,
but not exceeding thirty (30) days. The stormwater administrator may grant fifteen -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 article. The stormwater administrator
may grant an extension only by written notice of extension. The notice of extension shall state the
date prior to which the correction must be made, after which the violator will be subject to the
penalties described in the notice of violation and correction order.
(E) Enforcement after time to correct. After the time has expired to correct a violation, including any
extension(s) if authorized by the stormwater administrator, the stormwater administrator shall
determine if the violation is corrected. If the violation is not corrected, the stormwater administrator
may act to impose one or more of the remedies and penalties authorized by this article.
(F) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then
the stormwater administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The stormwater administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE VII. - ILLICIT DISCHARGES
Section 70.1. - Illicit discharges and connections.
(A) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the
land in a manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the state, and liquid, solid, gas, or other substance, other than stormwater; provided that
non-stormwater discharges associated with the following activities are allowed and provided that
they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;

(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been
approved and issued by the State of North Carolina, and provided that any such discharges to
the municipal separate storm sewer system shall be authorized by the City of Conover.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter.
(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:
(a) Floor drains;
(b) Waste water from washing machines;
(c) Waste water from sanitary sewers;
(d) Waste water from commercial vehicle washing;
(e) Waste water from commercial steam cleaning;
(f) Waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were made prior
to the adoption of this provision or any other article prohibiting such connections, the property
owner or the person using said connection shall remove the connection within one (1) year
following the effective date of this article. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous materials or other discharges which
pose an immediate threat to health and safety, or are likely to result in immediate injure and
harm to real or personal property, natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or article, other than this section; the
stormwater administrator shall designate the time in which the connection shall be
removed. In setting the time limit for compliance, the stormwater administrator shall take
into consideration:
The quantity and complexity of the work,

(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public health, and to public and private
property, and
(iv) The cost of remedying the damage.
(C) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall immediately
notify the City of Conover Fire Chief of the release or discharge, as well as making any required
notifications under state and federal law. Notification shall not relieve any person of any expenses related
to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or
leak, nor shall such notification relieve any person from other liability which may be imposed by state or
other law.
(D) Nuisance. Illicit discharges and illicit connections which exist within the City of Conover are hereby
found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and
are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in
accordance with the procedures set forth in Chapter 12 — Health and Sanitation Nuisances of the
Conover Code of Ordinances.
(Ord. No. 15-07, § 1, 5-7-07)
ARTICLE VIII. - DEFINITIONS
Section 80.1. -Terms defined.
When used in this article, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this article 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 and pavement such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. 'Built -upon area" does not include wooden
slatted deck, the water area of a swimming pool, a surface of number 57 stone, as designated by the
American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric; or a trail
as defined in G.S. 113-85 that is either unpaved or paved as long as the pavement is porous with a
hydraulic conductivity greater than 0.001 centimeters per second (1.41)
Department. The North Carolina Department of Environment and Natural Resources.
Design manual. The stormwater best management design manual approved for use in Phase II
jurisdictions by the department. All references herein to the design manual are to the latest published
edition or revision.
Development. Any land -disturbing activity that increases the amount of built -upon area or that
otherwise decreases the infiltration of precipitation into the soil.
Division. The division of water quality in the department.
High -density project. Any project that exceeds the low -density threshold for dwelling units per acre
and built -upon area.
Larger common plan of development or sale. Any area where multiple separate and distinct
construction or land -disturbing activities will occur under one plan. A plan is an announcement or piece of
documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement,
loan application, drawing, permit application, zoning request, or computer design) or physical

demarcation (including, but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low -density project. A project is a low -density project if it has no more than two (2) dwelling units per
acre or twenty-four (24) percent built -upon area (BUA) for all residential and non-residential development.
A project with an overall density at or below the relevant low -density threshold, but containing areas
with a density greater than the overall project density, may be considered low density as long as the
project meets or exceeds the post -construction model practices for low -density projects and locates
the higher density in upland areas and away from surface waters and drainage ways to the
maximum extent practicable.
1-year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of intensity expected to be
equaled or exceeded, on average, once in twelve (12) months and with duration of twenty four (24) hours.
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 stormwater
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 article.
Substantial progress. For the purposes of determining whether sufficient progress has been made on
an approved plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a continuous
basis and not discontinued for more than thirty (30) days; or installation and approval of on -site
infrastructure; or obtaining a building permit for the construction and approval of a building foundation.
"Substantial progress" for purposes of determining whether an approved plan is null and void is not
necessarily the same as "substantial expenditures" used for determining vested rights pursuant to
applicable law.
(Ord. No. 15-07, § 1, 5-7-07; Ord. No. 1-14, § 1, 1-6-14; Ord. No. 20-17, § 1, 3-6-17)