NCS000518_Navassa Stormwater Ordinance_20191112

Town of Navassa
Phase II Stormwater
Ordinance

People Working

For People

Adopted December 16, 2010

Town of Navassa Phase II Stormwater Ordinance 1

Town of Navassa
Town Council
Eulis Willis, Mayor
Michael Ballard, Mayor Pro-Tem
Antonio Burgess
Milton Burns
Jerry Merrick
Craig Suggs

Planning Board
Al Beatty, Chair
Diane Graham, Vice Chair
Beverley Hutchinson, Secretary
Walter Ballard
Robert McMillan, Jr.

Environmental and Stormwater
Advisory Committee
Gregory Westfield, Chairman
Dorsey Jones Jr., Vice Chair
John Klein, PE & LEED AP
Eulis Willis, Ex Officio
Ella Beatty
Town Administrator
Claudia Bray
Town Clerk
Charlena Alston
Town Planner
Travis Barnes, MPA, LEED AP

Town of Navassa Phase II Stormwater Ordinance 2

TOWN OF NAVASSA
PHASE II STORMWATER ORDINANCE

Article I. General Provisions

Sec. 1-1. Title.
Sec. 1-2. Authority.
Sec. 1-3. Findings.
Sec. 1-4. Purpose.
Sec. 1-5. Applicability and jurisdiction.
Sec. 1-6. Interpretation.
Sec. 1-7. Design Manuals.
Sec. 1-8. Relationship to other laws, regulations and private agreements.
Sec. 1-9. Severability.
Sec. 1-10. Effective date and transitional provisions.
Sec. 1-11 Terms Defined
Secs. 1-12.--1-20. Reserved.

Article II. Administration and Procedures

Sec. 1-21. Review and decision-making entities.
Sec. 1-22. Review procedures.
Sec. 1-23. Applications for approval.
Sec. 1-24. Approvals.
Sec. 1-25. Appeals.
Secs. 1-26.--1-35. Reserved.

Article III. Standards

Sec. 1-36. General standards.
Sec. 1-37. Development standards for low-density projects.
Sec. 1-38. Development standards for high-density projects.
Sec. 1-39. Reserved.
Sec. 1-40. Standards for stormwater control measures.
Sec. 1-41. Reserved.
Sec. 1-42. Variances.
Secs. 1-43. Pet Waste
Secs. 1-44--1-53. Reserved
Town of Navassa Phase II Stormwater Ordinance 3

Article IV. Maintenance

Sec. 1-54. General standards for maintenance.
Sec. 1-55. Operation and maintenance agreement.
Sec. 1-56. Inspection program.
Sec. 1-57. Performance security for installation.
Sec. 1-58. Notice to owners.
Sec. 1-59. Records of installation and maintenance activities.
Sec. 1-60. Nuisance.
Sec. 1-61. Maintenance easement.
Secs. 1-62.--1-71. Reserved.

Article V. Enforcement and Violations

Sec. 1-72. General.
Sec. 1-73. Remedies and penalties.
Sec. 1-74. Procedures.
Secs. 1-75.--1-84. Reserved.

Article VI. Reserved

Secs. 1-85.--1-95. Reserved.

Article VII. Illicit Discharges

Sec. 1-96. Illicit discharges and connections.
Secs. 1-97.--1-106. Reserved.

Town of Navassa Phase II Stormwater Ordinance 4

ARTICLE I. GENERAL PROVISIONS

Sec. 1-1. Title.

This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is
referred to herein as "this ordinance."

Sec. 1-2. Authority.

The Town of Navassa 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; the
North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission there under; Session Law 2004-163; G.S. 160A, 160A-174, 160A-
185; as well as G.S. Chapter 113A, Article 4 (Sedimentation Pollution Control); Article 21, Part
6 (Floodway Regulation); G.S. Chapter 160A, Article 19 (Planning and Regulation of
Development); G.S. Chapter 153A, Article 18.

Sec. 1-3. Findings.

It is hereby determined that:

Increased impervious areas and other site features of 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 reduce groundwater recharge;

These changes in stormwater runoff may contribute to increased quantities of water-
borne pollutants and to altered hydrology that are harmful to public health and safety and 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 stormwater
controls such as those included in this ordinance.

Therefore, the Town of Navassa 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.
Town of Navassa Phase II Stormwater Ordinance 5

Sec. 1-4. Purpose.

(A) General. The purpose of this ordinance is to protect, maintain and enhance the public
health, safety, environment, and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-development stormwater runoff and
nonpoint and point source pollution associated with new development and redevelopment (as
well as illicit discharges into 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 new development and redevelopment
that protect the integrity of watersheds and preserve the health of water resources;

(2) Requiring that new development and redevelopment:
a. Maintain the pre-development hydrologic response in their post-development
state as nearly as practicable for the applicable design storm;

b. Reduce flooding, stream bank erosion, nonpoint and point source pollution and
increases in stream temperature; and,

c. Maintain the integrity of stream channels and aquatic habitats;

(3) Establishing stormwater management standards and design criteria to regulate and
control post-development stormwater runoff quantity and quality;

(4) Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the 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 green space,
riparian buffers and other conservation areas to the maximum extent practicable;

(6) Establishing provisions for long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;

(7) Establishing administrative procedures:
a. For the submission, review, approval and disapproval of stormwater
management plans;

Town of Navassa Phase II Stormwater Ordinance 6

b. For the inspection of approved projects; and,

c. To assure appropriate long-term maintenance;

(8) Controlling illicit discharges into the municipal separate stormwater system; and,

(9) Controlling erosion and sedimentation from construction activities.

(10) Coordinate site design plans that include open space and natural areas with the
intent and policies of the town’s ordinances and adopted plans, including but not
limited to the town’s CAMA Land Use Plan.

Sec. 1-5. 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 and subdivision applications that meet any of the following criteria, unless exempt
pursuant to Subsection (B) Exemptions of this section:

(1) All development and redevelopment in which the total land disturbance is one
acre or more;

(2) All non-residential development or redevelopment that will add 10,000 square
feet or more of built upon area irrespective of the condition of the existing surface
upon which the impervious surface area is created;

(3) All development or redevelopment in which the total land disturbance is less than
one acre and does not add 10,000 square feet or more of built upon area 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 or different
schedules;

(4) All development or redevelopment that requires a CAMA major permit or a
Sedimentation/Erosion Control Plan.

(B) Exemptions. The following are exempt from the provisions of this ordinance:

(1) Development and redevelopment that cumulatively disturbs less than one (1) acre,
does not add 10,000 square feet or more of built upon area and is not part of a
larger common plan of development or sale;

(2) 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.

Town of Navassa Phase II Stormwater Ordinance 7

(3) The installation, repair, replacement or maintenance of subsurface utilities by
public or private utility operators.

(C) No Development or Redevelopment Until Compliance and Permit. No land
disturbing activity including development or redevelopment shall occur except in compliance
with the provisions of this ordinance or unless exempted. No development for which a 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 “Phase II Stormwater Map of Town of Navassa, North Carolina” (“the Stormwater
Map”), which is adopted simultaneously herewith. The Stormwater Map and all explanatory
matter contained thereon 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 BMPs permitted under this ordinance. In the event of a
dispute, the applicability of this ordinance to a particular area of land or BMP shall be
determined by reference to the North Carolina Statues, the North Carolina Administrative Code,
and local zoning and jurisdictional boundary ordinances.

Sec. 1-6. Interpretation.

(A) Meaning and Intent. All provisions, terms, phrases, and expressions contained in
this ordinance shall be construed according to the general and specific purposes set forth in Sec.
1-4., Purpose. If a different or more specific meaning is given for a term defined elsewhere in the
Town of Navassa Code of Ordinances, the meaning and application of the term in this ordinance
shall control for purposes of application of this ordinance.

(B) Text Controls in Event of Conflict. In the event of a conflict or inconsistency
between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.

(C) Authority for Interpretation. The Stormwater Administrator has authority to
determine the interpretation of this ordinance. Any person may request an interpretation by
submitting a written request to the Stormwater Administrator, who shall respond in writing
within thirty (30) days. The Stormwater Administrator shall keep on file a record of all written
interpretations of this ordinance and shall keep the file with the official version of this ordinance
to be located in the Town Clerk’s office and made available to the public.

(D) References to Statutes, Regulations, and Documents. Whenever reference is made
to a resolution, ordinance, statute, regulation, manual (including the Design Manuals), 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.
Town of Navassa Phase II Stormwater Ordinance 8

(E) Computation of Time. The time in which an act is to be done shall be computed by
excluding the first day and including the last day. If a deadline or required date of action falls on
a Saturday, Sunday, or holiday observed by the Town of Navassa, the deadline or required date
of action shall be the next day that is not a Saturday, Sunday or holiday observed by the Town of
Navassa. 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 the Town of Navassa may be carried out by his or her designee.

(G) Usage.

(1) 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) 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) 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.

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

(I) Minimum Requirements. The requirements contained in this Ordinance shall be the
minimum requirements for administration, enforcement, procedures, restrictions, standards, uses,
variances, and all other areas addressed by this Ordinance; and, if any other existing ordinance or
regulation allows lesser regulation, this Ordinance shall govern, so that in all cases, the more
restrictive limitation or requirement shall govern.

Sec. 1-7. Design Manuals.

(A) Reference to Design Manuals. The Stormwater Administrator shall use the policy,
criteria, and information, including technical specifications and standards, in the most recent
version of the North Carolina Division of Water Quality Stormwater Best Management Practices
Design Manual or the Brunswick County, North Carolina Low Impact Development (LID)
Guidance Manual (Collectively the Design Manuals) as the basis for decisions about stormwater
permits and about the design, implementation and performance of structural and non-structural
stormwater BMPs. However, when there is a conflict between the North Carolina Division of
Town of Navassa Phase II Stormwater Ordinance 9

Water Quality Stormwater Best Management Practices Design Manual and the Brunswick
County, North Carolina Low Impact Development (LID) Guidance Manual, the more stringent
standards shall apply.

The Design Manuals 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
shall be presumed to meet the water quality performance standards of the Phase II laws and this
ordinance.

(B) Relationship of Design Manuals to Other Laws and Regulations. If the
specifications or guidelines of the Design Manuals 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 Manuals.

(C) Changes to Standards and Specifications. If the standards, specifications,
guidelines, policies, criteria, or other information in the Design Manuals are amended subsequent
to the submittal of a complete application for approval pursuant to this ordinance but prior to
approval, the standards, specifications, guidelines, policies, criteria, or other information in the
Design Manuals that existed at the time of application shall apply

Sec. 1-8. 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 of this ordinance shall govern. Nothing in this ordinance
shall modify or repeal any private covenant or deed restriction, but such covenant or restriction
shall not legitimize any failure to comply with this ordinance. In no case shall the Town of
Navassa be obligated to enforce the provisions of any easements, covenants, or agreements
between private parties.

Sec. 1-9. Severability.

If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not
Town of Navassa Phase II Stormwater Ordinance 10

affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of
this ordinance.

Sec. 1-10. Effective Date and Transitional Provisions.

(A) Effective Date. This Ordinance shall take effect on December 16, 2010.

(B) Final Approvals, Complete Applications. All development and redevelopment
projects for which complete and full applications and plans were submitted and approved by the
Town of Navassa 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 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
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 proper review
and installation of the stormwater BMPs is assured.

(C) 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.

Sec. 1-11. Terms defined.

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

The definitions set out in 15A NCAC 02H .1002 (Definitions), G.S. 143-212, and G.S.
143-213 shall be used when not in conflict with the definitions set out specifically in this
ordinance.

Built-upon area (BUA) means that portion of a development project that is covered by
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 paving
Town of Navassa Phase II Stormwater Ordinance 11

material to the extent that the paving material absorbs water or allows water to infiltrate through
the paving material.

Common plan of development or sale means a project where construction activities may
be taking place at different times, but under a single over-arching development plan. This
includes but is not limited to a residential development project that involves subdivision of land,
installation of utilities, access roads and other common facilities with the intention of selling or
developing lots in the subdivision as home sites. A stormwater permit is required to cover all
activities under the common plan of development or common phase of development of a Planned
Unit Development or Major Subdivision including future home sites such that the stormwater
system is capable of managing runoff from the entire project or phase at complete build-out.

Department means the North Carolina Department of Environment and Natural
Resources.

Design Manuals means the stormwater design manuals approved for use in Phase II
jurisdictions by the Department for the implementation of the requirements of the federal Phase
II stormwater program and the Brunswick County, North Carolina Low Impact Development
(LID) Guidance Manual. All references herein to the Design Manuals are to the latest published
edition or revision. A copy of the Design Manuals may be obtained from the Town of Navassa or
downloaded from the North Carolina Division of Water Quality’s website or from Brunswick
County’s website.

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

Division means the Division of Water Quality in the Department.

Hazardous Material means any item or agent (biological, chemical, physical) which has
the potential to cause harm to humans, animals, or the environment, either by itself or through
interaction with other factors.

High-density project means any project that exceeds the low-density threshold for
dwelling units per acre or built-upon area.

Low-density project means for a project that is not located within one-half mile of and
draining to Shellfish Resource Waters or within 575 feet of the mean high waterline of areas
designated as Outstanding Resource Waters: the project is a low-density project if it has no more
than twenty-four percent (24%) built-upon area (BUA).

For a project that is located within one-half mile of and draining to Shellfish Resource
Waters or is within 575 feet of the mean high waterline of areas designated as Outstanding
Resource Waters: the project is a low-density project only if it contains no more than twelve
percent (12%) built-upon area.

Town of Navassa Phase II Stormwater Ordinance 12

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
drainageways to the maximum extent practicable.

Non-erosive velocity means a rate of flow of stormwater runoff, measured in feet per
second, which does not erode soils. Non-erosive velocities vary for individual sites, taking into
account topography, soil type, and runoff rates.

One-year, 24-hour storm means 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.

Owner means 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.

Permeable Pavement means paving material that absorbs water or allows water to
infiltrate through the paving material. Permeable pavement materials include porous concrete,
permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other
material with similar characteristics. Compacted gravel shall not be considered permeable
pavement.

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

Residential development means buildings for residence such as attached and detached
single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their
associated outbuildings such as garages, storage buildings, and gazebos.

Shellfish Resource Waters means Class SA waters that contain an average concentration
of 500 parts per million of natural chloride ion. Average concentration is determined by
averaging the chloride concentrations of five (5) water samples taken one-half mile downstream
from the project site that are taken on separate days, within one (1) hour of high tide, and not
within forty-eight (48) hours following a rain event. The chloride ion concentrations are to be
determined by a State-certified laboratory.

Town of Navassa Phase II Stormwater Ordinance 13

Structural BMP means 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 ordinance.

Substantial progress. For the purposes of determining whether sufficient progress has
been made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a sedimentation and erosion
control permit and conducting grading activity on a continuous basis and not discontinued for
more than forty-five (45) 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.

Vegetative buffer means an area of natural or established vegetation directly adjacent to
surface waters through which stormwater runoff flows in a diffuse manner to protect surface
waters from degradation due to development activities.

Vegetative conveyance means a permanent, designed waterway lined with vegetation that
is used to convey stormwater runoff at a non-erosive velocity within or away from a developed
area.

Water Dependent Structures means a structure for which the use requires access or
proximity to or sitting 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 boat storage areas are not water dependent uses.

Secs. 1-12.--1-20. Reserved.
Town of Navassa Phase II Stormwater Ordinance 14

ARTICLE II. ADMINISTRATION AND PROCEDURES

Sec. 1-21. Review and decision-making entities.

(A) Stormwater Administrator.

(1) Designation. A Stormwater Administrator shall be designated by the Town
Administrator of Navassa and shall be responsible for implementing and
enforcing this ordinance.

(2) Powers and Duties. In addition to the powers and duties that may be conferred by
other provisions of the Town of Navassa Code of Ordinances and other laws, the
Stormwater Administrator shall have the following powers and duties under this
ordinance:

a. To review and approve, approve with conditions, or disapprove stormwater
management plans pursuant to this ordinance.

b. To make determinations and render interpretations of this ordinance.

c. To establish permit application requirements and schedules for submittal and
review of stormwater management plans, permit applications, and appeals.

d. To review and make recommendations to the Town of Navassa Town Council
and Planning Board on modification of this ordinance or the process for
stormwater management.

e. To enforce the provisions of this ordinance in accordance with its enforcement
provisions.

f. To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this ordinance.

g. To provide expertise and technical assistance to the Town Council, Planning
Board, Utility Operations Board, and Environmental and Stormwater
Advisory Committee upon request.

h. To designate appropriate other person(s) to carry out the powers and duties of
the Stormwater Administrator.

i. To take any other action necessary to administer the provisions of this
ordinance.

Town of Navassa Phase II Stormwater Ordinance 15

Sec. 1-22. Review Procedures.

(A) Permit Required; Must Apply For Permit. A stormwater management permit
(hereafter “permit”) shall be required for all development or redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued after properly submitting a stormwater
permit application, a stormwater management plan, and the fee for stormwater management
permit application review. For phased developments, each phase shall require a separate, stand-
alone stormwater permit application unless the original application included sufficient detail to
cover subsequent phases and there are no substantial modifications required.

(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 review process is intended to provide a mechanism for the review, approval,
and inspection of the planned 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
established in this ordinance. For projects involving the creation of a homeowner’s association,
property owner’s association, or similar entity, the operations and maintenance agreement and all
of the responsibilities described therein shall be transferred from the developer to the owner’s
association upon the proper submittal of the as-built drawings and the final inspection and final
approval by the Stormwater Administrator.

(C) Authority to file applications. All permit applications required pursuant to this Code
shall be submitted to the Stormwater Administrator and shall be written only to one of the
following entities:

(1) The property owner only, or

(2) Jointly to the property owner and the leasee. In this case, both the leasee and the
property owner shall sign Operation and Maintenance agreements. The lease
agreement between the parties should indicate that while the leasee occupies the
building, the leasee is responsible for complying with the stormwater permit.
Once the building is vacated, permit compliance falls back to the landowner.

(D) Establishment of permit application requirements, schedule and fees.

(1) Permit 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. The stormwater permit
application shall require in a detailed plan a description of:

a. The post-development stormwater runoff control and management;
Town of Navassa Phase II Stormwater Ordinance 16

b. The design of all stormwater facilities and practices;

c. Site identification information;

d. Ownership information; and,

e. A written narrative explaining how the proposed project shall meet the
requirements of this ordinance.

(2) Submission Schedule. The Stormwater Administrator shall establish a submission
schedule for permit 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 plans and applications, and that the various stages in the
review process are accommodated.

(3) Permit Application Review Fees. The Town Council of Navassa shall establish
permit review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees and policies
from time to time.

(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 Manuals in an Administrative Manual, which shall be
made available to the public.

(E) Submittal of Complete Application. Applications for a stormwater management
permit shall be submitted to the Stormwater Administrator pursuant to the application submittal
schedule established by the Stormwater Administrator, along with the stormwater management
plan and appropriate fee established pursuant to this section. Applicants shall submit two (2)
copies of the complete application to the Stormwater Administrator for review.

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 or stormwater management plan 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 forty-five (45) working days after a complete application submittal
the Stormwater Administrator shall review the application and determine whether the stormwater
management plan permit application complies with the standards of this ordinance.

Town of Navassa Phase II Stormwater Ordinance 17

(1) Approval. If the Stormwater Administrator finds that the application complies
with the standards of this ordinance, the Stormwater Administrator shall approve
the application and issue a stormwater management permit.

(2) Approval with Conditions. 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 and included in the issued stormwater
permit.

(3) Disapproval. If the Stormwater Administrator finds that the stormwater
management plan fails to comply with the standards of this ordinance, the
Stormwater Administrator shall notify the applicant and shall indicate how the
application or plan fails to comply. The applicant shall have an opportunity to
submit a revised application and plan.

(G) Revision and Subsequent Review. Within forty-five (45) working days after a
complete revised application submittal, the Stormwater Administrator shall review the revised
application and determine whether the stormwater management plan and application complies
with the standards of this ordinance, and shall approve, approve with conditions, or disapprove
the application.

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

(2) Time limit for resubmittal. If a revised application is not re-submitted within
ninety (90) 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 for a new
submittal.

Sec. 1-23. Applications for Approval.

(A) Concept 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 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 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. The Navassa Subdivision Ordinance and Zoning Ordinance, local watershed plans,
other plans and ordinances adopted by the Town of Navassa, and other relevant resource
protection plans should be consulted in the discussion of the concept plan. To accomplish this
Town of Navassa Phase II Stormwater Ordinance 18

goal, the following information should be included in the concept plan, which shall be submitted
in advance of the meeting:

(1) Existing conditions/proposed site plans. Existing conditions and proposed site
layout sketch plans, which illustrate: 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. The Town of Navassa Subdivision
Ordinance and Zoning Ordinance should be consulted in order to ensure
compliance with the town’s development regulations.

(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
opportunities or constraints for development and stormwater management. All
applications for development and redevelopment shall adhere to the tree
preservation requirements of the Town of Navassa Zoning Ordinance if
applicable.

(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 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 any proposed stream
channel modifications, such as bridge or culvert crossings.

(B) Stormwater management permit application. The stormwater management permit
application shall contain detailed plans on how post-development stormwater runoff shall be
controlled and managed and how the proposed project shall meet the requirements of this
ordinance, including Article III Standards. All such plans shall be prepared by a 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
certification, 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 Manuals, and
that the designs and plans ensure compliance with this ordinance.

Town of Navassa Phase II Stormwater Ordinance 19

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
Sec. 1-22.

(C) As-built drawings and final approval. Upon completion of a project, and before any
certificate of occupancy shall be granted, the applicant shall certify that the completed project is
in substantial accordance with the approved stormwater management plans and designs, and
shall submit as-built drawings for all stormwater management facilities or practices.

The as-built drawings shall show the final design specifications for all stormwater
management facilities and practices and the field 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 drawings of the 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 final
approval by the Stormwater Administrator shall occur before the release of any performance
securities.

For projects involving the creation of a homeowners’ association, property owners’
association, or similar entity, the operations and maintenance agreement shall be transferred from
the developer to the owner’s association upon the proper submittal of the as-built drawings and
the final inspection and final approval by the Stormwater Administrator. The transference of the
operations and maintenance agreement from the developer to the owners’ association shall be
submitted in writing and approved by the Stormwater Administrator. At such time the
operations and maintenance agreement is transferred from the developer to the owners’
association the owner’s association shall be considered the permittee and shall be responsible for
all of the requirements identified in this ordinance including but not limited to: maintenance of
the stormwater BMPs, submittal of the annual maintenance and inspection report, proper
management of the structural BMP reserve fund, and each requirement of the operations and
maintenance agreement.

(D) Other permits. No certificate of occupancy shall be issued without final as-built
drawings 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 Town of
Navassa may elect to withhold a percentage of permits or certificates of occupancy until as-built
drawings are submitted and final inspection and approval has occurred.

Sec. 1-24. 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.

Town of Navassa Phase II Stormwater Ordinance 20

(B) Time limit/expiration. An approved plan shall become null and void if the applicant
fails to make substantial progress on the site within 18 months 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.

Sec. 1-25. 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 Town of Navassa Board of Adjustment
within thirty (30) days of the decision, order, requirement or determination.

(B) Filing of appeal and procedures. An appeal shall be taken within thirty (30) days of
the Stormwater Administrator’s decision by filing a notice of appeal and specifying the grounds
for appeal on forms provided by the Town of Navassa. The Stormwater Administrator shall
transmit to the Town of Navassa Board of Adjustment all documents constituting the record on
which the decision appealed from was taken.

The hearing conducted by the Town of Navassa 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 Town of Navassa 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) The decision of the Town of Navassa 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 Chair of the Town of Navassa Board of
Adjustment at the time of its hearing of the case.

Secs. 1-26.--1-35. Reserved.

Town of Navassa Phase II Stormwater Ordinance 21

ARTICLE III. STANDARDS

Sec. 1-36. General standards.

(A) All development or redevelopment to which this ordinance applies shall comply with
the standards of this section.

(B) A 50-foot wide undisturbed vegetative buffer for new development activities and a
30-foot wide undisturbed vegetative buffer for redevelopment activities is required. The width of
a buffer is measured horizontally from the normal pool elevation of impounded structures, from
the top of bank for each side of streams or rivers, and from the mean high waterline of tidal
waters, perpendicular to the shoreline. The vegetative buffer may be cleared or graded, but at a
minimum must be planted with and maintained in grass or any other vegetative or plant material.
The Town of Navassa may, on a case by case basis, grant a minor variance from the vegetative
buffer requirements of this section pursuant to the procedures set out in 15A NCAC
02B.0233(9)(a and b).

Vegetative buffers and filters required by this section and any other buffers or filters
required by state water quality or coastal management rules or local government requirements
may be met concurrently and may contain, in whole or in part, coastal, isolated, or 404
jurisdictional wetlands that are located landward of the normal waterline.

(1) Approved stormwater control best management practices (BMPs), or stormwater
control structures, with the exception of wet retention ponds are allowed in the
buffer and the area required to construct the practices may be disturbed.

(2) Picnic areas, benches, and water dependent structures including, but not limited
to, boat docks, boat ramps, and bulkheads are allowed in the buffer and the area
required to construct the practices may be disturbed provided that they have
received all applicable federal, state, and local permits and approvals.

(3) Development in urban waterfronts that meet the requirements of 15A NCAC 07H
.0209(g), development in new urban waterfront areas that meet the requirements
of Session Law 2004-117, those activities listed in 15A NCAC 07H
.0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), and development of
upland marinas that have received a Coastal Area Management Act Major Permit
are allowed in the buffer and the area required to construct the practices may be
disturbed.

(4) Buffer Management and Maintenance. The buffer, including wetlands and
floodplains, shall be managed to enhance and maximize the unique value of these
resources. Management and maintenance includes specific limitations on
alteration of the natural conditions of these resources. Any substantial vegetation
that is removed must be replaced accordingly. The following management and
maintenance practices and activities are permitted within the buffer area:

Town of Navassa Phase II Stormwater Ordinance 22

a. General pruning of trees.

b. Removal and replacement of dead or diseased plant materials, and clearing
nuisance of underbrush.

c. The application of pesticides by appropriate and qualified professionals for the
spraying of noxious weeds or non-native species as listed by the North
Carolina Department Agriculture and Consumer Services.

d. Stream restoration projects, facilities and activities approved by federal, state,
or local agencies.

e. Individual trees within the forest buffer may be removed which are in
immediate danger of falling and causing damage to dwellings, other
structures, or causing blockage of the stream.

f. Other timber cutting techniques approved by the agency may be undertaken
within the forest buffer under the advice and guidance of North Carolina
Division of Forest Resources, North Carolina Cooperative Extension Service,
or the United States Department of Agriculture, if necessary to preserve the
forest from extensive pest infestation, disease infestation, or threat from fire.

g. Repairing erosion problems internal to the buffer.

h. Removal of debris after a storm event.

(C) For the purposes of this section, areas defined as Coastal Wetlands under 15A NCAC
07H .0205, as measured landward from the normal high waterline, shall not be included in the
overall project area to calculate impervious surface density. Wetlands that are not regulated as
coastal wetlands pursuant to 15A NCAC 07H.0205 and that are located landward of the normal
high waterline may be included in the overall project area to calculate impervious surface
density.

Sec. 1-37. Development or redevelopment 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
primarily by vegetated conveyances. As used in this section, "conveyance system" shall not
include a stormwater collection system. Stormwater runoff from built upon or disturbed areas
that is directed to flow through any wetlands shall flow into and through these wetlands at a non-
erosive velocity. In the event that excessive erosion is found to occur after the construction and
final inspection, it shall be the responsibility of the permittee to make the necessary corrections
to halt and prevent the erosion as well as repair the damage caused by the erosion.

Town of Navassa Phase II Stormwater Ordinance 23

(B) All built upon area from redevelopment shall be at least 30 feet landward of all
perennial and intermittent surface waters and all built upon area from new development shall be
at least 50 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 soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA) or 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.

(1) Development in urban waterfronts that meet the requirements of 15A NCAC 07H
.0209(g), development in new urban waterfront areas that meet the requirements
of Session Law 2004-117, those activities listed in 15A NCAC 07H
.0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), development of
upland marinas, and water dependant structures including, but not limited to, boat
docks, boat ramps, and bulkheads are allowed within 30 ft of surface waters
provided that they have received all applicable federal, state, and local permits
and approvals.

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

Sec. 1-38. Development or redevelopment 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 runoff from all surfaces generated by one and
one-half inches of rain. In addition, projects that are located within one-half mile and draining to
SA Waters must control and treat the difference in stormwater runoff from the pre- and post-
development conditions for the 1-year, 24-hour storm. Runoff volume draw down time shall be a
minimum of 48 hours, but not more than 120 hours.

(B) 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 2H.1008, or as explained in the Design Manuals.

(D) All built-upon area from redevelopment shall be 30 feet landward of all perennial and
intermittent surface waters and all built upon area from new development shall be at least 50 feet
landward of all perennial and intermittent surface waters. A surface water shall be deemed
Town of Navassa Phase II Stormwater Ordinance 24

present if the feature is approximately 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 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.

(1) Development in urban waterfronts that meet the requirements of 15A NCAC 07H
.0209(g), development in new urban waterfront areas that meet the requirements
of Session Law 2004-117, those activities listed in 15A NCAC 07H
.0209(d)(10)(A) through 15A NCAC 07H .0209(d)(10)(H), development of
upland marinas, and water dependant structures including, but not limited to, boat
docks, boat ramps, and bulkheads are allowed within 30 ft of surface waters
provided that they have received all applicable federal, state, and local permits
and approvals.

(E) Stormwater runoff from built upon or disturbed areas that is directed to flow through
any wetlands shall flow into and through these wetlands at a non-erosive velocity. In the event
that excessive erosion is found to occur after the construction and final inspection, it shall be the
responsibility of the permittee to make the necessary corrections to halt, prevent, and restore the
erosion.

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

Sec. 1-39. Reserved.

Sec. 1-40. Standards for stormwater control measures.

(A) Evaluation according to contents of Design Manuals. All stormwater control
measures and stormwater treatment practices (also referred to as Best Management Practices, or
BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator
according to the policies, criteria, information, technical specifications, standards, and the
specific design criteria for each stormwater practice in the Design Manuals. The Stormwater
Administrator shall determine whether BMPs in the plan 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 Manuals shall be presumed to meet the water quality and quantity
performance standards of this ordinance. Whenever a plan proposes to utilize a practice or
practices not designed and constructed in accordance with the criteria and specifications in the
Town of Navassa Phase II Stormwater Ordinance 25

Design Manuals, the applicant shall have the burden of demonstrating that the practice shall
satisfy the 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 structural stormwater controls that
require separation from the seasonal highwater table, a minimum separation of two feet is
required. Where a separation of two feet from the seasonal highwater table is not practicable, the
Navassa Stormwater Administrator may grant relief from the separation requirement pursuant to
the Alternative Design Criteria set out in 15A NCAC 02H.1008(h) on a case-by-case basis,
provided that the applicant can demonstrate that the design criteria shall provide equal or better
stormwater control, equal or better protection of waters of the state, and result in no increased
potential for nuisance conditions. No separation from the seasonal highwater table is required
for a secondary stormwater best management practice that is used in a series with another
stormwater best management practice; however the secondary BMP must demonstrate proper
function.

Sec. 1-41. Reserved.

Sec. 1-42. Variances.

(A) Any person may petition the Town of Navassa Board of Adjustment 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; shall secure public safety and welfare; and shall preserve substantial
justice.

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

(C) Notwithstanding subparagraph (A) of this section, exceptions from the 30-foot or 50-
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:

Town of Navassa Phase II Stormwater Ordinance 26

(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.

(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.

Sec. 1-43. Pet Waste.

(A) Dogs At Large Prohibited. It shall be unlawful for the owner of any dog to allow
the animal to be off the premises of his or her owner and not on a leash in the Town of Navassa
pursuant to Navassa Ordinance No. 2002, 001-03.

(B) Pet Waste Disposal. The town acknowledges that pet waste is a serious water
quality and public health issue. Stormwater runoff washes bacteria, parasites, viruses, and
nutrients from pet waste directly into local waterways contributing to a variety of environmental
and public health problems.

(1) The town strongly discourages the owner or custodian of any animal to take it off
the owner’s own property limits without the means to properly remove and
dispose of the animal’s feces from any public or private property.

(2) It is the responsibility of an animal’s owner or custodian to clean up the animal’s
feces from any public or private property outside of the animal owner’s own
property limits. Such property includes, but is not limited to, parks, rights-of-
way, paths, sidewalks, and public access areas.

(3) “Means to properly remove and dispose of feces” shall consist of having on or
near one’s person a device such as a plastic bag, or other suitable plastic or paper
container, that can be used to clean up and contain animal waste until it can be
Town of Navassa Phase II Stormwater Ordinance 27

disposed of in an appropriate trash container. Pet waste shall not be flushed down
a toilet into the sanitary sewer system, but shall be properly disposed of in a trash
receptacle.

(4) “Public nuisance” is defined to include an animal which deposits feces on public
property or on private property without the consent of the owner or person in
lawful possession of the private property, and the person owning, possessing,
harboring or having the care, charge, control or custody of the animal fails to
remove the feces so deposited.

(5) This provision shall not apply to a service animal accompanying a person with a
disability or to an animal being used by law enforcement officers when doing so
would prevent the officers from carrying out their official responsibilities.

(C) Pet Waste Stations. All new developments requiring a stormwater permit and that
create public open space as required by the Navassa Subdivision Ordinance and Zoning
Ordinance shall be required to provide pet waste stations which shall consist of educational
signage, a plastic pet waste bag dispenser and an appropriate trash container in order to make it
easier for citizens to pick up after their pet. Pet waste stations shall be provided at a rate of one
(1) station per one and a half (1.5) acres of public open space provided, with area calculations
being rounded up to the next whole number of pet stations provided. For example, a subdivision
providing one and seven tenths (1.7) of an acre of public open space shall provide two (2) pet
waste stations and a development providing half (0.5) an acre of public open space shall provide
one (1) pet waste station. Developments providing required public open space that is less than
half (0.5) of an acre are exempt from the requirements of providing pet waste stations. Pet waste
stations shall be properly maintained by the property owner, a homeowners’ association,
property owners’ association, or similar entity in order to ensure that the educational signage
remains in good condition, the trash container is emptied on a regular basis and that pet waste
bags are made available to the public.

Secs. 1-44.--1-53. Reserved.

Town of Navassa Phase II Stormwater Ordinance 28

ARTICLE IV. MAINTENANCE

Sec. 1-54. General Standards for Maintenance.

(A) Function of BMPs as intended. The permittee 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. This includes all pipes and channels built to convey stormwater to
the facility, as well as all structures, improvements, and vegetation provided to control the
quantity and quality of the stormwater. Adequate maintenance is herein defined as good working
condition so that these facilities are performing their design functions.

(B) Annual maintenance inspection and report. The permittee responsible for
maintenance of any structural BMP installed pursuant to this ordinance shall submit to the
Stormwater Administrator an annual maintenance and inspection report for the calendar year due
on or before February 1st of the following year to include each separate BMP permitted. The
permittee shall submit both an electronic copy and hard copy of the annual maintenance and
inspection report to the Stormwater Administrator. The purpose of the inspection is to assure
compliance with the stormwater permit and operation and maintenance agreement. The
inspection shall cover the entire stormwater system including but not limited to pipes, channels,
swales, vegetation, berms, outlet/inlet structures, pond areas, etc. Any deficiencies shall be
noted in the inspection report. The annual report shall include copies of monthly maintenance
activity reports. Inspection reports shall be on a Town approved form(s) supplied by the
Stormwater Administrator, and shall be executed by one of the following persons performing
services only in their area of certification: a 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. Failure to submit the annual maintenance and inspection report by the deadline
specified above shall be treated as a breach of the operations and maintenance agreement and
shall be considered a violation of this ordinance and shall be punishable by any enforcement
capabilities provided to the Town of Navassa by this ordinance or the General Statutes of North
Carolina.

Sec. 1-55. Operation and Maintenance Agreement.

(A) In general. Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a structural BMP pursuant to this ordinance, the
applicant or owner of the site must execute an 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 BMP. The permittee shall have primary responsibility for carrying out the provisions
of the maintenance agreement. A separate operations and maintenance agreement shall be
executed for each individual BMP associated with the development. Each of these separate
agreements shall be combined and submitted to the stormwater administrator as a single
comprehensive operation and maintenance agreement for the entire development or phase being
Town of Navassa Phase II Stormwater Ordinance 29

permitted. An electronic copy and hard copy of the comprehensive operation and maintenance
agreement shall be provided to the Stormwater Administrator.

The operation and maintenance agreement shall have a statement acknowledging that the
permittee shall adequately and continuously operate and maintain the stormwater control and
management facilities. This includes all pipes and channels built to convey stormwater to the
facility, as well as all structures, improvements, and vegetation provided to control the quantity
and quality of the stormwater. Adequate maintenance is herein defined as good working
condition so that these facilities are performing their design functions.

The operation and maintenance agreement shall require the permittee to maintain, repair,
and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and
schedule of maintenance for each structural BMP. Monthly inspections reports are required for
each structural BMP. Reports of monthly inspections and maintenance activities shall be kept in
a location available for review by the Stormwater Administrator and shall be included in the
annual report submitted to the town.

In addition, the operation and maintenance agreement shall grant to the Town of Navassa
a right of entry in the event that the Stormwater Administrator has reason to believe it has
become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP;
however, in no case shall the right of entry, of itself, confer an obligation on the Town of
Navassa to assume responsibility for the structural BMP. The operation and maintenance
agreement shall have a written statement specifying that the agreement shall not obligate the
Town of Navassa to maintain or repair any structural BMPs, and the Town of Navassa shall not
be liable to any person for the condition or operation of structural BMPs.

The operation and maintenance agreement shall also have a written statement that the
agreement shall not in any way diminish, limit, or restrict the right of the Town of Navassa to
enforce any of its ordinances as authorized by law. The agreement shall also include a provision
indemnifying and holding harmless the Town of Navassa for any costs and injuries arising from
or related to the structural BMP, unless the Town of Navassa 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.

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. Two (2) copies of the
recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen
(14) days following its recordation.

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

Town of Navassa Phase II Stormwater Ordinance 30

(1) For projects involving the creation of a homeowners’ association, property
owners’ association, or similar entity, the operations and maintenance
agreement shall be transferred from the developer to the owner’s association
upon the proper submittal of the as-built drawings and the final inspection
and final approval by the Stormwater Administrator. The transference of the
operations and maintenance agreement from the developer to the owners’
association shall be submitted in writing and approved by the Stormwater
Administrator. At such time the operations and maintenance agreement is
transferred from the developer to the owners’ association the owners’
association shall be considered the permittee and shall be responsible for all
of the requirements identified in this ordinance including but not limited to:
maintenance of the stormwater BMPs, submittal of the annual maintenance
and inspection report, proper management of the structural BMP reserve
fund, and each requirement of the operations and maintenance agreement.

(2) Establishment of a structural BMP reserve fund with the homeowners’
association, property owners’ association, or similar entity, which can be
expended solely for the cost of sediment or vegetative removal; structural, or
vegetative replacement; repair; or reconstruction of the structural BMPs. If
structural BMPs are not performing adequately or as intended or are not
properly maintained, the homeowners’ association, property owners’
association, or similar entity shall remedy the situation using money from
the reserve fund, and in such instances the reserve fund shall be fully
reimbursed within a period of five (5) years from the date of the
expenditure. The amount of money reimbursed into the structural BMP
reserve fund shall account for inflation by using the appropriate construction
cost index as published in the January publication of the Engineering News
Record (ENR) for the given year in which the reimbursement is deposited
into the reserve fund account. An annual financial report of the reserve fund
shall be submitted to the Town as part of the required annual inspection
report in order for the Stormwater Administrator to verify that any required
deposits have been made into the reserve fund and to verify that any
expenditures from the reserve fund are for purposes allowed by this
ordinance.

Any expenditures from the reserve fund that are not listed as a permitted
expenditure shall be replaced prior to the submittal of the annual
maintenance and inspection report for the upcoming calendar year. The
amount of money reimbursed into the structural BMP reserve fund shall
account for inflation by using the appropriate construction cost index as
published in the January publication of the Engineering News Record (ENR)
for the given year in which the reimbursement is deposited into the reserve
fund account. Failure to replace unpermitted funds expended from the
reserve fund by the following annual maintenance and inspection report
shall be treated as a breach of the operations and maintenance agreement
and shall constitute a violation of this ordinance and shall be punishable by
Town of Navassa Phase II Stormwater Ordinance 31

any enforcement capabilities provided to the Town of Navassa by this
ordinance or the General Statutes of North Carolina.

(3) The structural BMP reserve fund shall be funded by the permittee. Prior to
transference of the stormwater permit from the developer to the
homeowners’ association, property owners’ association, or similar entity,
the developer shall pay into the structural BMP reserve fund an amount
equal to ten percent (10%) of the estimated construction cost of the
structural BMPs. Construction cost estimates shall be certified by an
engineer and shall bear the seal of the engineer providing the construction
cost estimate. The permittee shall then pay an additional ten percent (10%)
of the certified construction costs annually for the next four years until the
reserve fund totals fifty percent (50%) of the total certified estimate of
construction costs of the structural BMPs. All reserve fund contributions,
except for the initial contribution by the developer, shall be equally funded
by each member of the owners’ association based on their proportionate
share of lots within the development. Each reserve fund contribution must
be deposited for the calendar year due on or before February 1st of the
following year and shall be reflected on the annual reserve fund financial
report that shall be submitted as part of the required annual maintenance and
inspection report.

(4) Allowing the Town of Navassa to recover from the association and its
member’s any and all costs the Town of Navassa expends to maintain or
repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the Town of Navassa all of its expended costs, after forty-five
(45) days written notice, shall constitute a breach of the agreement and a
violation of this ordinance. In case of a deficiency, the Town of Navassa
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.

Sec. 1-56. Inspection Program.

Inspections and inspection programs by the Town of Navassa 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
Town of Navassa Phase II Stormwater Ordinance 32

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.

Sec. 1-57. Performance Guarantee for Installation.

(A) May be required. In lieu of requiring the completion, installation, and dedication of
all improvements prior to final plat approval the town council may, at its discretion, enter into an
agreement with the applicant whereby the applicant shall agree to complete all required
improvements. Once said agreement is signed by both parties and the security required herein is
provided, the final plat may be approved, if all other requirements of this article are met. To
secure this agreement, the applicant shall provide, subject to the approval of the town council, a
performance guarantee that could be bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement for one and twenty-five one-hundredths (1.25) times the entire cost
of the guaranteed improvements. Construction cost estimates shall be certified by an engineer
and shall bear the seal of the engineer providing the construction cost estimate.

The performance guarantee will ensure that BMP’s are installed by the permitee as
required by the approved stormwater management plan.

(B) Uses of performance guarantee.

(1) Forfeiture provisions. The performance guarantee shall contain forfeiture
provisions for failure, after notice, to complete work within the time specified, or
to initiate or maintain any actions which may be required of the permittee in
accordance with this ordinance, permits issued pursuant to this ordinance, or an
operation and maintenance agreement established pursuant to this ordinance.

(2) Default. Upon default, meaning failure on the part of the permittee to complete
the required improvements in a timely manner as specified in the performance
guarantee then the surety, or the financial institution holding the escrow or letter
of credit account shall if requested by the Town Council, pay all or any portion of
the gurantee to the Town up to the amount needed to complete the improvements
based upon an engineering estimate. Upon payment, the Town Council, at its
discretion, may expend such portion of said funds as it deems necessary to
complete all or any portion of the required improvements. Such expenditure of
funds shall only be made after a written request to the owner to comply with the
permit or maintenance agreement. The town shall return to the permittee any
funds not spent in completing the improvements.

(3) Costs in excess of performance guarantee. If the Town of Navassa takes action
upon such failure by the permittee, the town may collect from the permittee 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.

Town of Navassa Phase II Stormwater Ordinance 33

(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 25%) of landscaping installation and ongoing
maintenance associated with the BMPs covered by the security. Any such
landscaping shall be inspected one (1) year after installation and deficiencies shall
be corrected for compliance with the approved plans and specifications and, if in
compliance, the portion of the financial security attributable to landscaping shall
be released.

Sec. 1-58. Notice to owners.

(A) Deed recordation and indications on plat. The applicable operations and
maintenance agreement or conservation easement (whichever is applicable) pertaining to every
structural BMP on the plan 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 conservation easement (whichever is
applicable), 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. In order to assure compliance with this ordinance, structural BMPs shall be
posted with a conspicuous sign stating who is responsible for required maintenance and annual
inspection. The sign shall be maintained so as to remain visible and legible.

Sec. 1-59. Records of installation and maintenance activities.

The owner of each structural BMP shall keep records of inspections, maintenance, and
repairs for at least ten (10) years from the date of creation of the record and shall submit the
same upon request to the Stormwater Administrator.

Sec. 1-60. Nuisance.

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

Sec. 1-61. Maintenance easement.

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

Secs. 1-62.--1-71. Reserved.
Town of Navassa Phase II Stormwater Ordinance 34

ARTICLE V. ENFORCEMENT AND VIOLATIONS

Sec. 1-72. General.

(A) Authority to enforce. The provisions of this ordinance shall be enforced by the
Stormwater Administrator, his or her designee, or any authorized agent of the Town of Navassa.
Whenever this Article refers to the Stormwater Administrator, it includes his or her designee as
well as any authorized agent of the Town of Navassa.

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

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

(D) Penalty assessed after notice served. No penalty shall be assessed until the person
alleged to be in violation has been served notice of the violation, except as provided below.
Refusal to accept the notice shall not relieve the violator of the obligation to pay such penalty.

(E) 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, or enforcement actions in accordance with this Article. 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:

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

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

Town of Navassa Phase II Stormwater Ordinance 35

Sec. 1-73. Remedies and penalties.

The remedies and penalties provided herein, whether civil or criminal, are not exclusive;
may be exercised singly, simultaneously, or cumulatively; may be combined with any other
remedies authorized under the 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 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 developments approvals. As long as a
violation of this ordinance continues and remains uncorrected, the Stormwater
Administrator or other authorized agent may withhold, and the Town of Navassa
Town Council, Planning Board, Planning Department, and Building Inspections
Department may disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the Zoning, Subdivision, or
Building regulations for the land on which the violation occurs.

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

(4) Correction as public health nuisance, costs as lien, etc. If the violation is
deemed dangerous or prejudicial to the public health or public safety and is within
the geographic limits prescribed by North Carolina G.S. § 160A-193, the
Stormwater Administrator, with the written authorization of the Town of Navassa
Town Administrator, 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 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 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.

Town of Navassa Phase II Stormwater Ordinance 36

(1) Any Person who allows, acts in concert, participates, directs, or assists directly or
indirectly in the creation of a violation of this article is subject to a civil penalty. A
civil penalty may be assessed from the date the violation first occurs.

(2) Civil penalties may be assessed up to the full amount of penalty to which the
Town of Navassa is subject for violations of its NPDES Stormwater permit, or
$5,000.00 for each violation of this article, whichever is greater. Each day of
violation shall constitute a separate violation.

(3) Penalties may be assessed concurrently with a notice of violation for any of the
following:

a. Obstructing, hampering, or interfering with an authorized Town representative
who is in the process of carrying out official duties under this article;

b. A repeated violation for which a notice of violation was previously given to
the person responsible for the violation; or

c. Willful violation of this article.

(4) In determining the amount of a civil penalty, the Stormwater Administrator shall
consider any relevant mitigating and aggravating factors including:

a. Degree and extent of harm caused by the violation;

b. Cost of rectifying the damage;

c. Amount of money saved through non-compliance;

d. Whether the violator took reasonable measures to comply with this article;

e. Knowledge of the requirements by the violator and/or reasonable opportunity
or obligation to obtain such knowledge;

f. Whether the violator voluntarily took reasonable measures to restore any areas
damaged by the violation;

g. Whether the violation was committed willfully;

h. Whether the violator reported the violation to an appropriate authority;

i. Technical and economic reasonableness of reducing or eliminating the
discharge; and

j. Prior record of the violator in complying or failing to comply with this article
or any other water pollution control ordinance or regulation.
Town of Navassa Phase II Stormwater Ordinance 37

(5) The Stormwater Administrator shall determine the amount of the civil penalty to
be assessed under this Article and shall make written demand for payment upon
the person in violation and shall set forth in detail a description of the violation for
which the penalty was imposed. Notice of said assessment shall be by registered
or certified mail or other means reasonably calculated to give adequate notice. If a
violator does not pay a civil penalty assessed by the Town within thirty (30) days
after it is due, the Stormwater Administrator shall request the Town Attorney to
institute a civil action to recover the amount of the assessment. The civil action
shall be brought in Brunswick County Superior Court or in any other court of
competent jurisdiction. Such civil actions must be filed within three (3) years of
the date the notice of assessment was served on the violator.

(6) An assessment that is not contested is due when the violator is served with a
notice of assessment. An assessment that is contested is due at the conclusion of
the administrative and judicial review of the assessment.

(7) Civil penalties collected pursuant to this Article shall be credited to the Town of
Navassa general fund as a non-tax revenue.

(8) A violation of this Article shall not constitute a misdemeanor or infraction
punishable under G.S. 14-4, but instead shall be subject to the civil penalties fixed
by this Article.

Sec. 1-74. Procedures.

(A) 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. The complaint shall be investigated promptly by the Stormwater
Administrator.

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

(c) Notice of violation and order to correct. When the Stormwater Administrator finds
that any building, structure, or land is in violation of this ordinance, the Stormwater
Administrator shall notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary action to abate
the violation, and 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.

Town of Navassa Phase II Stormwater Ordinance 38

The Stormwater Administrator may deliver the notice of violation and correction order
personally, by the Town of Navassa Police Department, Town of Navassa Code Enforcement
Officer, by certified or 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 the period of time provided in the notification, the
Stormwater 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. The Stormwater Administrator may grant
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 shall 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 if authorized by the Stormwater Administrator, the Stormwater
Administrator shall determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and penalties
authorized by this ordinance.

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

Secs. 1-75.--1-84. Reserved.

ARTICLE VI. RESERVED

Secs. 1-85.--1-95. Reserved.

Town of Navassa Phase II Stormwater Ordinance 39

ARTICLE VII. ILLICIT DISCHARGES

Sec. 1-96. Illicit discharges and connections.

(A) Illicit discharges. The discharge, emission, disposal, pouring, or pumping directly or
indirectly any liquid, solid, gas, or other substance, other than stormwater to any stormwater
conveyance, the waters of the State, or upon the land in a manner or amount that the substance is
likely to reach a stormwater conveyance or the waters of the State is prohibited. Prohibited
substances include: oil, anti-freeze, chemicals, animal waste, paints, garbage, debris, or litter.

(B) Exemptions. Non-stormwater discharges associated with the following activities are
allowed 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 car washing;

(16) Flows from riparian habitats and wetlands;

(17) Dechlorinated swimming pool discharges;
Town of Navassa Phase II Stormwater Ordinance 40

(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 Town of Navassa.

(C) 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 (1) 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.

(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:

a. The quantity and complexity of the work,

b. The consequences of delay,

c. The potential harm to the environment, to the public health, and to public and
private property, and
Town of Navassa Phase II Stormwater Ordinance 41

d. The cost of remedying the damage.

(D) Spills. Spills or leaks of prohibited 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 prohibited 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 Fire Chief and the Stormwater Administrator 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.

(E) Nuisance. Illicit discharges and illicit connections which exist within the Town of
Navassa 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 in accordance with the procedures set forth by the Town of
Navassa.

Secs. 1-97--1-106. Reserved.