NCS000434_Stormwater Program Ordinance_20191217

CHAPTER 15
STORMWATER MANAGEMENT PROGRAM ORDINANCE
Article I
GENERAL PROVISIONS
Sec.15-1. Title
This ordinance shall be officially known as "The City of Archdale Stormwater Management
Program Ordinance." It is referred to herein as "this ordinance."
Sec.15-2. Authority
The City Council is authorized to adopt this ordinance pursuant to North Carolina law, including
but not limited to Article 14, Section 5 of the Constitution of North Carolina; City of Archdale;
North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session Law 2006-246; Chapter 160A, § § 174, 185 [; as
well as Chapter 113A, Article 4 (Sedimentation Pollution Control)][; Article 21, Part 6
(Floodway Regulation) [; Chapter 160A, Article 19 (Planning and Regulation of Development);
Chapter 153A, Article 18].
Sec.15-3. Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint
and point source pollution, and sediment transport and deposition, as well as reducing
groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants
and alterations in hydrology that are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase
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 minimum stormwater controls such
as those included in this ordinance.
Therefore, the City Council establishes this set of water quality and quantity regulations to meet
the requirements of state and federal law regarding control of stormwater runoff and discharge.
15-1

Sec.15-4. 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 development that protect the integrity of
watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the pre -development
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and point
source pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality;
(4) Establishing design and review criteria for the construction, function, and use of
structural stormwater BMPs that may be used to meet the minimum post -
development stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as the use
of vegetated conveyances for stormwater and the preservation of greenspace, riparian
buffers and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
15-2

(7) Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
(8) Coordinating site design plans that include open space and natural areas with the City
of Archdale Planning and Zoning Department.
(9) Controlling illicit discharges into the municipal separate stormwater system.
(10) Controlling erosion and sedimentation from construction activities.
(11) Assigning responsibility and processes for approving the creation and maintenance
of adequate drainage and flood damage prevention measures.
Sec. 15-5 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,
subdivision applications, and grading applications, unless exempt pursuant to Subsection
(b) of this Section, Exemptions.
(b) Exemptions
(1) Thresholds
Development that cumulatively disturbs less than ten thousand square feet of land and
is not part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that results in no net increase in built -upon area and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this ordinance.
Residential development that cumulatively disturbs less than ten thousand square feet
and is not part of a larger common plan of development or sale, and non-residential
development that cumulatively disturbs less than one-half acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
ordinance.
Redevelopment outside the floodplain that results in no net increase in built -upon
area and provides equal or greater stormwater control than the previous development
is exempt from the provisions of this ordinance
Redevelopment of residential structures that results in no net increase in built -upon
area and provides equal or greater stormwater control than the previous development
is exempt from the provisions of this ordinance whether or not within the floodplain.
15-3

Redevelopment of non-residential structures that disturbs less than one-half acre, that
is not part of a larger common plan of development or sale, that is within the
floodplain, and that results in no net increase in built -upon area and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this ordinance.
Development and redevelopment that disturb less than a stated area threshold are not
exempt if such activities are part of a larger common plan of development or sale that
exceeds the area threshold, even though multiple, separate or distinct activities take
place at different times on different schedules.
(2) General exemption
Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) are exempt from the provisions of this ordinance.
(c) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(d) Map
The provisions of this ordinance shall apply within the areas designated on the map titled
"Stormwater Map of City of Archdale, 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 Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
Sec. 15-6 Interpretation
Meaning and Intent
(a) All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined elsewhere in
the City of Archdale, Randolph County, or Guilford County, the meaning and application
of the term in this ordinance shall control for purposes of application of this ordinance.
15-4

(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 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of this
ordinance.
(d) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manuao, or document, it shall be construed as a reference to the
most recent edition of such that has been finalized and published with due provision for
notice and comment, unless otherwise specifically stated.
(e) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and
including the last day. If a deadline or required date of action falls on a Saturday, Sunday,
or holiday observed by the City of Archdale, the deadline or required date of action shall
be the next day that is not a Saturday, Sunday or holiday observed by the City of
Archdale. 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 Stormwatcr Administrator
of City of Archdale may be carried out by his or her designee.
(g) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may" and
"should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as
follows: The word "and" indicates that all connected items, conditions, provisions
and events apply. The word "or" indicates that one or more of the connected items,
conditions, provisions or events apply.
15-5

(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the singular
number include the plural number and the plural number includes the singular
number, unless the context of the particular usage clearly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
(h) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot
or site.
Sec. 15-7. Design Manual
(a) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information, including
technical specifications and standards, in the Design Manual, more particularly set out in
the Revision History on page 15-2 of this ordinance as the basis for decisions about
stormwater permits and about the design, implementation and performance of structural
and non-structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality performance
standards of the Phase II and other applicable stormwater laws.
(b) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application of
the specifications or guidelines in the Design Manual.
(c) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in the
Design Manual are amended subsequent to the submittal of an application for approval
pursuant to this ordinance but prior to approval, the new information shall control and
shall be utilized in reviewing the application and in implementing this ordinance with
regard to the application.
(d) Amendments to Design Manual
The Design Manual may be updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local conditions,
or local monitoring or maintenance experience.
15-6

Prior to amending or updating the Design Manual, proposed changes shall be generally
publicized and made available for review, and an opportunity for comment by interested
persons shall be provided.
Sec. 15-8 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 City of Archdale be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
Sec.15-9. 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 affect or
invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this
ordinance.
Sec. 15-10. Effective Date and Transitional Provisions
(a) Effective Date
This Ordinance shall take effect on January 2, 2008.
(b) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted and approved by the of Archdale prior to the effective date of this
ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at
the time of development or redevelopment shall be exempt from complying with all
provisions of this ordinance dealing with the control and/or management of post-
15-7

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 data of this
ordinance if it has been approved by all necessary government units, it remains valid,
unexpired, unrevoked and not otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and a
subdivision plan that has been approved.
(2) For any subsequent phase of development, sufficient detail so that implementation of
the requirements of this ordinance to that phase of development would require a
material change in that phase of the plan.
(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.
Article II
ADMINISTRATION AND PROCEDURES
Sec. 15-11. Review and Decision -Making Entities
(a) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the City Council to administer
and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of the
City of Archdale 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 applications for
approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
15-8

c. To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the City of
Archdale on applications for development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its enforcement
provisions.
e. To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this ordinance.
f. To provide expertise and technical assistance to the City of Archdale and the City
of Archdale Stormwater Advisory Board established on August 28, 2007,upon
request.
g. To designate appropriate other person(s) who shall carry out the powers and
duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this ordinance.
Sec. 15-12. Review Procedures
(1) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(2) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including structural BMPs and elements of
site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection
of the approach to be used for the management and control of stormwater for the
development or redevelopment site consistent with the requirements of this ordinance,
whether the approach consists of structural BMPs or other techniques such as low -impact
or low -density design. The permit does not continue in existence indefinitely after the
completion of the project; rather, compliance after project construction is assured by the
maintenance provisions of this ordinance.
(3) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owner's duly authorized agent.
(4) Establishment of Application Requirements, Schedule, and Fees
15-9

(1) Application Contents and Form
The Stormwater Administrator and/or the Stormwater Advisory Board shall establish
requirements for the content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post -development stormwater runoff will be
controlled and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator and/or shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete applications
must be submitted for the purpose of ensuring that there is adequate time to review
applications, and that the various stages in the review process are accommodated.
(3) Permit Review Fees
(4) The City Council 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. Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy of
this ordinance, and information on how and where to obtain the Design Manual in an
Administrative Manual, which shall be made available to the public.
(a) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater Administrator,
along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements
of a complete application pursuant to this ordinance, along with the appropriate fee. If the
Stormwater Administrator finds that an application is incomplete, the applicant shall be
notified of the deficient elements and shall be provided with an opportunity to submit a
complete application. However, the submittal of an incomplete application shall not
suffice to meet a deadline contained in the submission schedule established above.
(b) Review
Within 20working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application
complies with the standards of this ordinance.
15 - 10

(b) Approval
If the Stormwater Administrator finds that the application complies with the standards
of this ordinance, the Stormwater Administrator shall approve the application. The
Stormwater Administrator may impose conditions of approval as needed to ensure
compliance with this ordinance. The conditions shall be included as part of the
approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with the
standards of this ordinance, the Stormwater Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater Administrator
within l0working days after its re -submittal and shall be approved, approved with
conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and a
new submittal for the same or substantially the same project shall be required along
with the appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment of an
additional permit review fee. Any re -submittal after the first re -submittal shall be
accompanied by a permit review fee additional fee, as established pursuant to this
ordinance.
Sec. 15-13. 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. Local watershed plans, and other relevant resource protection plans should
be consulted in the discussion of the concept plan.
15 - 11

To accomplish this goal, the following information should be included in the concept
plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent streams;
mapping of predominant soils from soil surveys (if available); boundaries of existing
predominant vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding area as
it exists prior to the commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and boundaries of other
natural feature protection and conservation areas such as lakes, ponds, floodplains,
stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks,
etc.). Particular attention should be paid to environmentally sensitive features that
provide particular opportunities or constraints for development and stormwater
management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing and
proposed conveyance systems such as grass 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 detail how post -development
stormwater runoff will be controlled and managed and how the proposed project will
meet the requirements of this ordinance, including Section 3, Standards. All such plans
shall be prepared by a qualified registered North Carolina professional engineer,
surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or
landscape architect shall perform services only in their area of competence, and shall
verify that the design of all stormwater management facilities and practices meets the
submittal requirements for complete applications, that the designs and plans are sufficient
to comply with applicable standards and policies found in the Design Manual, and that
the designs and plans ensure compliance with this ordinance.
15 - 12

The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section 14-202(D).
(c) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted, the
applicant shall certify that the completed project is in accordance with the approved
stormwater management plans and designs, and shall submit actual "as built" plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the 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 stormwater measures,
controls, and devices are in compliance with the approved stormwater management plans
and designs and with the requirements of this ordinance. A final inspection and approval
by the Stormwater Administrator shall occur before the release of any performance
securities.
(d) Other Permits
No certificate of compliance or occupancy shall be issued by the Randolph County or
Guilford County without final as -built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the stormwater
practice or facilities, in which case Randolph County or Guilford County may elect to
withhold a percentage of permits or certificates of occupancy until as -built plans are
submitted and final inspection and approval has occurred.
Sec.15-14. 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.
(b) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial
progress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good cause
shown, upon receiving a written request from the applicant before the expiration of the
approved plan.
In granting an extension, the Stormwater Administrator may require compliance with
standards adopted since the original application was submitted unless there has been
15 - 13

substantial reliance on the original permit and the change in standards would infringe the
applicant's vested rights.
Sec.15-15. Appeals
(a) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the Stormwater
Administrator, may file an appeal to the Board of Adjustment within 30 days.
(b) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal and
specifying the grounds for appeal on forms provided by the City of Archdale. The
Stormwater Administrator shall transmit to the Board of Adjustment all documents
constituting the record on which the decision appealed from was taken.
The hearing conducted by the Board of Adjustment shall be conducted in the nature of a
quasi-judicial proceeding with all findings of fact supported by competent, material
evidence.
(c) Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court review by
proceedings in the nature of certiorari. Petition for review by the Superior Court shall be
filed with the Clerk of Superior Court within thirty (30) days after the latter of the
following:
(1) The decision of the Board of Adjustment is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed a
written request for such copy with the Chair or Secretary of the board that will hear
appeals the time of its hearing of the case.
Article III
STANDARDS
Sec. 15-16. General Standards
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section.
Sec. 15-17. Impervious Surface Requirements
15 - 14

(a) Setback Requirement
All impervious surfaces, except for roads, paths, and water dependent structures, shall be
located at least 30 feet landward of all perennial and intermittent surface waters.
A perennial or intermittent surface water shall be deemed present if the feature is shown
on either the most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture (USDA)
or the most recent complete version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS). An exception
to this requirement may be allowed when surface waters are not present in accordance
with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination
made using Division -approved methodology.
(b) No New Impervious or Partially Pervious Surface in Floodplain
For development activities outside the counties subject to the Coastal Area Management
Act of 1974, no new impervious or partially pervious surfaces, except for roads, paths,
and water dependent structures, shall be allowed within the floodplain.
(c) Development in Critical Area of Water Supply Watersheds
All development activities that are located within the area designated by the
Environmental Management Commission as a Critical Area of a Water Supply
Watershed shall be limited to a maximum impervious surface density of 36 percent.
Sec. 15-18. Structural Stormwater Control Requirements
Owners of property subject to this ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the following
standards:
(a) The measures shall control and treat runoff from the first inch of rain. Runoff volume
drawdown time for wet detention ponds shall be a minimum of 48 hours, but not more
than 120 hours.
(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(c), as explained in the Design Manual;
(d) The measure shall discharge the storage volume at a rate equal or less than the pre -
development discharge rate for the 1-year, 24-hour storm.
(e) The approval of the stormwater permit shall require enforceable restrictions on property
usage that runs with the land, including recorded deed restrictions and protective
15 - 15

covenants, to ensure that future development and redevelopment maintains the site
consistent with the approved project plans_
Sec. 15-19. Standards for Stormwater Control Measures
(a) Evaluation According to Contents of Design Manual
(e) All stormwater control measures and stormwater treatment practices (also referred to as
Best Management Practices, or BMPs) required under this ordinance shall be evaluated
by the Stormwater Administrator according to the policies, criteria, and information,
including technical specifications and standards and the specific design criteria for each
stormwater practice, in the Design Manual. The Stormwater Administrator shall
determine whether proposed BMPs will be adequate to meet the requirements of this
ordinance.
(b) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed= constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be presumed to
meet the minimum water quality and quantity performance standards of this ordinance.
Whenever an applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the Design Manual, the
applicant shall have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this ordinance. The
Stormwater Administrator may require the applicant to provide the documentation,
calculations, and examples necessary for the Stormwater Administrator to determine
whether such an affirmative showing is made.
(c) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high water -table, the separation
shall be provided by at least 12 inches of naturally occurring soil above the seasonal high
water -table.
Sec. 15-20. Dedication of BMPs, Facilities & Improvements
The City of Archdale shall not accept dedication of any existing or future stormwater
management facility for maintenance. Regardless of whether such facility meets the
requirements of this ordinance, the facility must provide adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection by the City of Archdale and regular
maintenance by the Owner.
Sec.15-21. Variances
(a) Any person may petition the 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:
15 - 16

(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(b) The Board of Adjustment may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(c) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond; or a utility, including, but not limited to, water, sewer,
or gas construction and maintenance corridor, as long as it is located 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. 15-22. Additional Standards
(a) Controlling the Discharge of Runoff from One Property to Another Property.
15 - 17

(1) Concentrated flow from a property regardless of source shall be permitted under the
following conditions:
(i) The outfall of the source of the flow shall be directed parallel to the property line
to allow for the downstream migration of the runoff.
(ii) The outfall of the source shall not be located within the zoning setback to allow
for diffused flow.
(2) Concentrated flow in violation of 1(a) shall be treated as an illicit discharge.
(b) Pet Waste
(1) 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 owner and not on a leash in the City of Archdale.
(2) Restrictions on Pet Waste
(i) It shall be unlawful for the owner or custodian of any dog to take it off the
owner's own property limits without the means to properly remove and dispose of
the dog's feces from any public or private property.
(ii) It is the responsibility of a dog's owner or custodian to clean up the dog's feces
from any public or private property outside of the dog's owner's own property
limits. Such property includes, but is not limited to, parks, rights -of -way, paths,
and public access areas.
(iii) "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 dog waste until it can be
disposed of in an appropriate container. Such a device must be produced and
shown, upon request, to anyone authorized to enforce these ordinances.
(iv) This provision shall not apply to handicapped persons assisted by trained guide or
assistance dogs.
(v) "Public nuisance" is defined to include "a dog 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 dog fails to remove
the feces so deposited. Provided, however, this definition shall not apply to any
dog assisting a handicapped person.
15 - 18

Article IV
MAINTENANCE
Sec. 15-23. General Standards for Maintenance
(a) Function of BMPs as Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain and
operate it so as to preserve and continue its function in controlling stormwater quality and
quantity at the degree or amount of function for which the structural BMP was designed.
(b) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant to this
ordinance shall submit to the Stormwater Administrator an inspection report from one of
the following persons performing services only in their area of competence: a qualified
registered North Carolina professional engineer, surveyor, landscape architect, soil
scientist, aquatic biologist, or person certified by the North Carolina Cooperative
Extension Service for stormwater treatment practice inspection and maintenance. The
inspection report shall contain all of the following:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An
original inspection report shall be provided to the Stormwater Administrator beginning
one year from the date of as -built certification and each year thereafter on or before the
date of the as -built certification.
Sec. 15-24. 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
15 - 19

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. Until the transference of all property, sites, or lots served
by the structural BMP, the original owner or applicant shall have primary responsibility
for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain,
repair and, if necessary, reconstruct the structural BMP, and shall state the terms,
conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant
to City of Archdale 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 City of Archdale to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and shall
be recorded with the county Register of Deeds upon final plat approval. A copy of the
recorded maintenance agreement shall be given to the Stormwater Administrator within
fourteen (14) days following its recordation.
(b) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association, or
similar entity, the required operation and maintenance agreement shall include all of the
following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the
structural BMPs. If structural BMPs are not performing adequately or as intended or
are not properly maintained, the City of Archdale, in its sole discretion, may remedy
the situation, and in such instances the City of Archdale shall be fully reimbursed
from the escrow account. Escrowed funds may be spent by the association for
sediment removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs, provided that the City of Archdale shall first
consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the escrow account.
Prior to plat recordation or issuance of construction permits, whichever shall first
occur, the developer shall pay into the escrow account an amount equal to fifteen (15)
per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of
the total amount of sinking fund budget shall be deposited into the escrow account
within the first five (5) years and the full amount shall be deposited within ten (10)
15-20

years following initial construction of the structural BMPs. Funds shall be deposited
each year into the escrow account. A portion of the annual assessments of the
association shall include an allocation into the escrow account. Any funds drawn
down from the escrow account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow account
may be varied by the City of Archdale depending on the design and materials of the
stormwater control and management facility.
(5) Granting to the City of Archdale a right of entry to inspect, monitor, maintain, repair,
and reconstruct structural BMPs.
(6) Allowing the City of Archdale to recover from the association and its members any
and all costs the City of Archdale expends to maintain or repair the structural BMPs
or to correct any operational deficiencies. Failure to pay the City of Archdale all of its
expended costs, after forty-five days written notice, shall constitute a breach of the
agreement. In case of a deficiency, the City of Archdale 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.
(7) A statement that this agreement shall not obligate the City of Archdale to maintain or
repair any structural BMPs, and the City of Archdale shall not be liable to any person
for the condition or operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the City of Archdale to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the City of Archdale for any costs
and injuries arising from or related to the structural BMP, unless the City of Archdale
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.
Sec. 15-25. Inspection Program
Inspections and inspection programs by City of Archdale may be conducted or established on
any reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections
with other agencies inspecting under environmental or safety laws. Inspections may include, but
are not limited to, reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the condition of BMPs.'
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2
or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator
while carrying out his or her official duties.
15-21

Sec. 15-26. Performance Security for Installation and Maintenance
(1) May Be Required
The City of Archdale may, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit in order to ensure that the structural BMPs
are:
a. installed by the permit holder as required by the approved stormwater
management plan, and/or
b. maintained by the owner as required by the operation and maintenance agreement.
(2) Amount
a. Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
b. Maintenance
The amount of a maintenance performance security shall be the present value of
an annuity of perpetual duration based on a reasonable estimate of the annual cost
of inspection, operation and maintenance of the BMPs approved under the permit,
at a discount rate that reflects the jurisdiction's cost of borrowing minus a
reasonable estimate of long-term inflation.
(3) Uses of Performance Security
a. Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this ordinance, or an
operation and maintenance agreement established pursuant to this ordinance.
b. Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall obtain
and use all or any portion of the security to make necessary improvements based
on an engineering estimate. Such expenditure of funds shall only be made after
requesting the owner to comply with the permit or maintenance agreement. In the
15-22

event of a default triggering the use of installation performance security, the City
of Archdale shall not return any of the unused deposited cash funds or other
security, which shall be retained for maintenance.
c. Costs in Excess of Performance Security
If City of Archdale takes action upon such failure by the applicant or owner, the
City of Archdale may collect from the applicant or owner _the difference between
the amount of the reasonable cost of such action and the amount of the security
held, in addition to any other penalties or damages due.
(3) Refund
Within sixty days of the final approval, the installation performance security shall
be refunded to the applicant or terminated, except any amount attributable to the
cost (plus 25%) of landscaping installation and ongoing maintenance associated
with the BMPs covered by the security. Any such landscaping shall be inspected
one (1) year after installation with replacement for compliance with the approved
plans and specifications and, if in compliance, the portion of the financial security
attributable to landscaping shall be released.
Sec. 15-27 Notice to Owners
(a) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement [, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable)] pertaining
to every structural BMP 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, conservation easement, or
dedication and acceptance into public maintenance, 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
Where appropriate in the determination of the Stormwater Administrator 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. 15-28. Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
Sec.15-29. Nuisance
15-23

The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
Sec. 15-30. 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. In no case will
maintenance of the structural BMP installed become the responsibility of the City of Archdale.
15-24

Article V
ENFORCEMENT AND VIOLATIONS
Sec.15-31. 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 City of Archdale. Whenever this section refers
to the Stormwater Administrator, it includes his or her designee as well as any authorized
agent of City of Archdale.
(b) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or limitation
imposed by this ordinance, or the terms or conditions of any permit or other development
or redevelopment approval or authorization granted pursuant to this ordinance, is
unlawful and shall constitute a violation of this ordinance."
(c) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or
offense.
(d) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or
fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice,
or condition in violation of this ordinance shall be subject to the remedies, penalties,
and/or enforcement actions in accordance with this section. Persons subject to the
remedies and penalties set forth herein may include any architect, engineer, builder,
contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that results in or constitutes a violation of this
ordinance, or fails to take appropriate action, so that a violation of this ordinance results
or persists; or an owner, any tenant or occupant, or any other person, who has control
over, or responsibility for, the use or development of the property on which the violation
occurs.
For the purposes of this article, responsible person(s) shall include but not be limited to:
(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.
15-25

(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.
Sec. 15-32. Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised
in any order.
(a) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or being
constructed on the site and served by the stormwater practices in question until the
applicant or other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the City
Council may disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the zoning, subdivision, and/or
building regulations, as appropriate for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the City of
Archdalemay 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 City of
Archdale may cause the violation to be corrected and the costs to be assessed as a lien
against the property.
15-26

(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s) violating
this ordinance. The stop work order shall remain in effect until the person has taken
the remedial measures set forth in the notice of violation or has otherwise cured the
violation or violations described therein. The stop work order may be withdrawn or
modified to enable the person to take the necessary remedial measures to cure such
violation or violations.
(b) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be recovered in a
civil action in the nature of a debt if the violator does not pay the penalty within 30 days
after notice of the violation is issued by the Stormwater Administrator. Civil penalties
may be assessed up to the full amount of penalty to which City of Archdaleis subject for
violations of its USMP Stormwater permit, or if no USMP Stormwater permit exists for
the jurisdiction, civil penalties may be assessed up to the full amount allowed by law.
(c) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the maximum
fine permissible under North Carolina law.
Sec.15-33. 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
15-27

their accrual, and the time within which they must be paid or be subject to collection as a
debt.
The Stormwater Administrator may deliver the notice of violation and correction order
personally, by the City of Archdale Enforcement Officer or the City of Archdale Police
Department 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 a reasonable period of time, as 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, up to, but not exceeding 30 days.
The Stormwater Administrator may grant 30-day extensions in addition to the foregoing
extension if the violation cannot be corrected within the permitted time due to
circumstances beyond the control of the person violating this ordinance. The Stormwater
Administrator may grant an extension only by written notice of extension. The notice of
extension shall state the date prior to which correction must be made, after which the
violator will be subject to the penalties described in the notice of violation and correction
order.
(e) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized
by the Stormwater Administrator, the Stormwater Administrator shall determine if the
violation is corrected. If the violation is not corrected, the Stormwater Administrator may
act to impose one or more of the remedies and penalties authorized by this ordinance.
(f) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of
this ordinance or pose an immediate danger to the public health, safety, or welfare, then
the Stormwater Administrator may order the immediate cessation of a violation. Any
person so ordered shall cease any violation immediately. The Stormwater Administrator
may seek immediate enforcement, without prior written notice, through any remedy or
penalty authorized by this article.
15-28

Article VI
DEFINITIONS
Sec. 15-34. Terms Defined
When used in this Ordinance, the following words and terms shall have the meaning set forth in
this section, unless other provisions of this Ordinance specifically indicate otherwise.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include
a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious
paving material to the extent that the paving material absorbs water or allows water to infiltrate
through the paving material.
Concentrated Flow
Flow, regardless of source, directed through a conveyance, in which water is allowed to
converge to a point and/or promote erosion of sediment.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in Phase II jurisdictions by the Department
developed by City of Archdale and certified by this jurisdiction are at least as stringent as the
stormwater design manual approved for use in Phase II jurisdictions by the Department for the
proper implementation of the requirements of the federal Phase II stormwater program. All
references herein to the Design Manual are to the latest published edition or revisions of
currently approved State of North Carolina Manuals.
Development
Any land -disturbing activity that increases the amount of built -upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Diffused Flow
Flow, regardless of source, directed in a manner to spread out over a larger area mitigating the
damaging effects of erosive behavior rather than to a convergence. See Concentrated Flow.
Division
The Division of Water Quality in the Department.
Floodplain
The one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain
Mapping Program in the Division of Emergency Management.
15-29

Larger common plan of development or sale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but not
limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing,
permit application, zoning request, or computer design) or physical demarcation (including but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
15-30

]-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or
entity holding proprietary rights in the property or having legal power of management and
control of the property. "Owner" shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in possession
of the property does not constitute an owner, unless the secured lender is included within the
meaning of "owner" under another description in this definition, such as a management entity_
Redevelopment
Any development on previously -developed land, other than a rebuilding activity that results in no
net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff, to alter
or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the
pre -development hydrology on a developed site; or to achieve any combination of these goals.
Structural BMP includes physical practices such as constructed wetlands, vegetative practices,
filter strips, grassed swales, and other methods installed or created on real property. "Structural
BMP" is synonymous with "structural practice," "stormwater control facility," "stormwater
control practice," "stormwater treatment practice," "stormwater management practice,"
"stormwater control measures," "structural stormwater treatment systems," and similar terms
used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved plan,
one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and approval
of on -site infrastructure; or obtaining a building permit for the construction and approval of a
building foundation. "Substantial progress" for purposes of determining whether an approved
plan is null and void is not necessarily the same as "substantial expenditures" used for
determining vested rights pursuant to applicable law.
15-31

Article VII
ILLICIT DISCHARGES
Sec. 15-35. Illicit Discharges and Connections
(a) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly to any stormwater conveyance, the waters of the State, or upon the land in manner and
amount that the substance is likely to reach a stormwater conveyance or the waters of the State,
any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater
discharges associated with the following activities are allowed and provided that they do not
significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 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;
15-32

(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been
approved and issued by the State of North Carolina, and provided that any such
discharges to the municipal separate storm sewer system shall be authorized by the
City of Archdale.
(20) Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
(b) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow
the discharge of non-stormwater, other than the exclusions described in subsection
(A) above, are unlawful. Prohibited connections include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers, wash water from
commercial vehicle washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property owner or the person using said connection shall remove the
connection within one year following the effective date of this ordinance. However,
the one-year grace period shall not apply to connections which may result in the
discharge of hazardous materials or other discharges which pose an immediate threat
to health and safety, or are likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat.
(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
d. The cost of remedying the damage.
15-33

(c) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were released or
discharged, shall immediately notify the Stormwater Administrator, the Guil-Rand Fire
Chief, and the City of Archdale Chief of Police of the release or discharge, as well as
making any required notifications under state and federal law. Notification shall not
relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such notification
relieve any person from other liability which may be imposed by State or other law.
(d) Nuisance
Illicit discharges and illicit connections which exist within the City of Archdale 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 Stormwater
Administrator.
15-34