NCS000494_Chapter C, Article III - Phase II Stormwater Management Ordinance_20200722

Lewisville, NC Unified Development Ordinance
Article III - Phase II Stormwater Management and Watershed Protection
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Footnotes:
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Editor's note— UDO L-133, §§ 1, 2, adopted June 11, 2009, amended Art. Ill, §§ 3-1-3-8, in its entirety to read as
herein set out. Former Att. lll, §§ 3-1-3-8, pertained to watershed protection and phase 11 stormwater quality
management protection.
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3-1.1 SHORT TITLE
This Ordinance shall be known and may be cited as the Phase // Storm water Management and
Watershed Protection Ordinance, except as referred to herein, where it shall be known as this Ordinance
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.2 PURPOSE
The purpose of this Ordinance is to promote the health, safety and general welfare of the citizens
and residents of the State of North Carolina, including residents of Forsyth County, and residents who
live within areas designated as public water supply watersheds, as established by the North Carolina
Environmental Management Commission. This Ordinance is also intended 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- deve/opmentstormwater
runoff and nonpoint and point source pollution associated with new developmentand redevelopmentas
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.
An additional purpose of this Ordinance is to establish regulations which protect drinking
water quality in Forsyth County and which meet the minimum regulations established by
the North Carolina Environmental Management Commission under the provisions of the
Water Supply Watershed Protection Act of 1989.
A further purpose of this Ordinance is to implement the goals, objectives, and policies of
Legacy, A Comprehensive Plan for Forsyth County, North Carolina, and the Lewisville
Comprehensive Plan, as amended, including any specifically related land use plans,
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development guides, and the Transportation Plan.
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(UDO L-133, §§ 1, 2, 6-11-09)
3-1.3 JURISDICTION AND APPLICABILITY
This Ordinance in total is applicable to all property located within the municipal limits of the Town of
Lewisville, and within the Town's Extraterritorial jurisdiction if appropriate, as designated on the map
titled Lewisville Stormwater Map, which is adopted simultaneously herewith.
Additionally, portions of this Ordinance shall apply only to those areas in the Town of
Lewisville which are Public Water Supply Watersheds as designated and classified by the
North Carolina Environmental Management Commission. These areas shall be defined
and established on a map entitled, Watershed Protection Map of Lewisville, North Carolina
, herein after referred to as the Watershed Map, which is adopted simultaneously
herewith. The Lewisville Stormwater Map and the Watershed Map, and all explanatory
matter set out thereon, is hereby made a part of this Ordinance, 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. This Ordinance and the
Watershed Map shall be permanently kept on file with the Planning Staff. Those
"watershed only" portions of this Ordinance are not applicable to portions of Lewisville
located outside of the watershed area.
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 General Statutes, the North
Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.4 AUTHORITY
The Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174 General
Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules, delegated the
responsibility or directed local government units to adopt regulations designed to promote the public
health and safety, and general welfare of its citizenry. Additionally, The North Carolina Department of
Environmental and Natural Resources (NCDENR) has directed specified entities to adopt Post -
Construction Runoff Controls to satisfy requirements of the Environmental Protection Agency's Phase II
National Pollutant Discharge Elimination System stormwater regulatory program. The Elected Body does
hereby adopt into law the following articles as the Phase II Stormwater Management and Watershed
Protection Ordinance.
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(UDO L-133, §§ 1, 2, 6-11-09)
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3-1.5 COMPLIANCE WITH PROVISIONS
No building, premises, or structure shall be used, constructed, erected, modified, altered, converted,
occupied, placed, maintained, removed or moved, and no land use shall be commenced, maintained, or
modified except in compliance with the provisions, restrictions, and procedures set forth herein.
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.6 EXEMPTIONS TO APPLICABILITY
(A) Development and redevelopmentthat cumulatively disturbs less than twenty thousand
(20,000) square feet, and is not part of a larger common plan of development or sale is
exempt from the provisions of this Ordinance.
(B) Development or redevelopment that cumulatively disturbs less than twenty thousand
(20,000) square feet, is not exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate or distinct activities take place at
different times on different schedules.
(C) Single Family Residential on a single lot that disturbs twenty thousand (20,000) square feet
or more but not exceeding one acre and is not part of a larger common plan of
development orsale maybe exempt from Sections 3-5 (Development Standards) and 3-6
(Stormwater Management Plan) of this Ordinance if the proposed building site does not
have a significant impact on water quality and quantity based on topography and
proximity to any surface waters as determined by the Stormwater Administrator.
(D) Activities exempt from permit requirements of Section 404 of the Clean Water Act, as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt
from the provisions of this Ordinance.
(E) Existing development as well as expansions to individual single family homes or
manufactured homes as of January 1, 2008 is not subject to the requirements of this
Ordinance. All other expansions to structures and other built -upon areas classified as
existing development must meet the requirements of this Ordinance. The built -upon area
of the existing development is not required to be included in the additional built -upon
area calculations for any proposed structural BMPs.
(F) Multiple Uses ..... In cases of two (2) or more principal uses on the same zoning lot, the
regulation requiring the more restrictive regulations shall apply to the entire lot.
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.7 SEVERABILITY
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(A) Invalidation of Portions of Ordinance ..... Should any section, sentence, clause, phrase, or
word of this Ordinance be held invalid by a court of final competent jurisdiction, such
decision shall not affect, impair, or invalidate the remaining parts of this Ordinance. The
remaining parts shall remain in effect without the invalid provision, to that extent they are
severable.
(B) Invalidation of Application ..... The invalidation of the application of any provision of this
Ordinance to any particular property or structure, or to any particular properties or
structures, by any court of final competent jurisdiction, shall not affect the application of
such provision to any other property or structure not specifically included in such
invalidation.
(UDO L-133, H 1, 2, 6-11-09)
3-1.8 CONFLICTING PROVISIONS
(A) Conflict Within Ordinance ..... Where a conflict exists between any limitations or
requirements within this Ordinance, the more restrictive limitation or requirements shall
prevail.
(B) Conflict With Other Ordinance or Law ..... Where a conflict exists between the provisions of
this Ordinance and any other ordinance, law, or regulation, or where the provisions of this
Ordinance impose overlapping or contradictory regulations with respect to another
ordinance, law, or regulation, the most restrictive provision or the one which imposes the
highest standards or requirements shall prevail.
(UDO L-133, H 1, 2, 6-11-09)
3-1.9 DEFINITIONS
(A) General ..... Unless otherwise expressly stated, or unless the context clearly indicates a
different meaning, the words and phrases in the following list of definitions shall, for the
purposes of this Ordinance, have the meanings indicated. All words and phrases not
defined in this Ordinance shall have their common meaning. When used in this Ordinance,
the present tense includes the future, the singular includes the plural, and words of one
gender include the other, as may be applicable. The word shaii is mandatory, not
directory. The word use includes designed for use. In the event of conflict with Chapter A
Article II (Definitions), the definitions below shall control.
(B) List
BEST MANAGEMENT PRACTICES (BMP). A structural or nonstructural management -
based practice used singularly or in combination to reduce nonpoint source inputs to
receiving waters in order to achieve water quality protection goals.
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BUILDABLE AREA ENVELOPE. The area on a site or lot that can have built upon area.
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For calculation of built upon area percentages, the entire area of the designated
buildable area envelope shall be considered built upon area.
BUILT -UPON AREA. Built -upon areas shall include that portion of a development
project that is covered by impervious or partially impervious cover including, but not
limited to, buildings, pavement, gravel roads or parking areas, recreation facilities
(e.g. tennis courts.) (Note: Wooden slatted decks and 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 are
considered pervious.)
COMPOSTING FACILITY. A facility in which only stumps, limbs, leaves, grass, and
untreated wood collected from land clearing or landscaping operations is deposited.
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 Departmentfor 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 revision.
DEVELOPMENT. Any land disturbing activity which decreases the infiltration of
precipitation into the soil, including but not limited to, adding to or changing the
amount of impervious or partially impervious cover on a land area.
DIVISION. The Division of Water Quality in the Department.
DWELLING UNIT. One or more rooms used as a place of residence for one family, in
which there is no area completely closed off for separate living quarters, and there is
common access, kitchen and bathroom facilities, and a single electrical meter.
ENGINEER. A person licensed to practice engineering in the State of North Carolina.
EROSION. The wearing away of land surface by the action of wind, water, gravity, or
any combination thereof.
EXPANSION. Any change or alteration to existing structures or other built -upon
areas which decreases the infiltration of precipitation into the soil, including but not
limited to, adding to or changing the amount of impervious or partially impervious
cover on a land area.
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EXISTING DEVELOPMENT. Those projects that are built or those projects that at a
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minimum have established a vested right by law as of as of January 1, 2008 based on
at least one of the following criteria:
(1) Substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with the
project, so long as that approval is complied with. Local governmental approvals
shall include, but are not limited to: preliminary subdivisions approval and
conditional or special use permits; or
(2) Having an outstanding valid building permit as authorized by the G.S. 153A-344.1; or,
(3) Having expended substantial resources (time, labor, money) and having an approved
site specific development plan as provided in Section B.1-5.2(13)(2).
HAZARDOUS MATERIAL. Any substance listed as such in Superfund Amendments
and Reauthorization Act (SARA) Section 302, Extremely Hazardous Substances;
Comprehensive Environmental Responsibility and Cleanup Liability Act (CERCLA)
Hazardous Substances; or Section 311 of Clean Water Act (oil and hazardous
substances).
HIGH -DENSITY PROJECT. Any project that exceeds the low density threshold for
dwelling units per acre or built -upon area.
IMPERVIOUS COVER. Any material which significantly reduces or prevents natural
absorption of stormwater into the soil. Impervious covers include, but are not limited
to, buildings or other structures with roofs, sidewalks, driveways, parking lots, and
any concrete, stone, brick, asphalt, or gravel surface. For the purpose of this
Ordinance, partially impervious cover shall be considered impervious cover.
LAND DISTURBING ACTIVITY. Any use of the land by any person including
residential, industrial, educational, institutional, or commercial development,
highway and road construction and maintenance, that results in a change in the
natural cover or topography that may cause or contribute to sedimentation.
LANDFILL. A facility for the disposal of solid waste on land in a sanitary manner in
accordance with G.S. Chapter 130A Article 9. For the purpose of this Ordinance the
term Landfill includes Discharging Landfill and does not include Composting Facility.
LANDFILL, DISCHARGING. A landfill with liners, monitoring equipment and other
measures to detect and/or prevent leachate from entering the environment and in
which the leachate is treated on site and discharged to a receiving stream.
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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.
LEGACY. Legacy, A Comprehensive Plan for Forsyth County, North Carolina adopted
in 1988, including subsequent amendments, is the general, long-range policy guide
for decisions concerning the physical, economic, and social development of Forsyth
County and its municipalities.
LEWISVILLE PLANNING BOARD. See Planning Board.
LOW -DENSITY PROJECT. A project that has no more than two dwelling units per acre
or twenty-four percent (24%) built -upon area (BUA) for all residential and
nonresidential development.
LOW -IMPACT DEVELOPMENT. The process of minimizing or eliminating pollutants in
stormwater through natural processes and maintaining pre -development hydrologic
characteristics, such as flow patterns, surface retention, and recharge rates.
LOT. A parcel of land designated by number or other symbol as part of a legally
approved and recorded subdivision, or as described by metes and bounds in a
legally approved and recorded deed.
LOT, EXISTING (LOT OF RECORD). A lot which is part of a subdivision, a plat of which
has been recorded in the Office of the Register of Deeds as of the effective date of
this Ordinance, or a lot described by metes and bounds, the description of which has
been so recorded in the Office of the Register of Deeds and, if required, approved by
the Planning Staff, as of the effective date of this Ordinance.
NONRESIDENTIAL DEVELOPMENT. All development other than residential
development, agriculture and silviculture.
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"
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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 havingjoint 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.
PLANNED RESIDENTIAL DEVELOPMENT. A residentially zoned area, planned and
developed as a unit, which is characterized by environmentally sensitive design
through the use of flexible development standards, as regulated in the Zoning
Ordinance.
PLANNING BOARD, LEWISVILLE. The appointed body whose purpose is to make
recommendations to the Elected Body regarding land use matters.
PLANNING STAFF. The Staff to the Planning Board.
PLAT. A surveyed map or plan or a parcel of land which is to be, or has been
subdivided.
PLAT, FINAL. The final map of all or a portion of a subdivision or site, showing the
boundaries and location of lots, streets, easements and any other requirements of
the Subdivision Regulations, which is presented for local government approval and
subsequent recordation with the Register of Deeds.
PLAT, PRELIMINARY. A map indicating the proposed layout of the subdivision or site
showing lots, streets, water, sewer, storm drainage, and any other requirements of
the Subdivision Regulations, which is presented for preliminary approval.
PROTECTED AREA. The area adjoining and upstream of a public water supply intake
in a WS-IV watershed in which protection measures are required by the State of
North Carolina. The boundaries of the protected area are generally defined as
extending five (5) miles upstream and draining to a water supply reservoir; or ten
(10) miles upstream and draining to the intake located directly in the stream or river.
Protected areas for WS-IV classified watershed in Forsyth County are defined and
established on the Watershed Map.
REDEVELOPMENT. Any rebuilding activity 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.
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RESIDENTIAL, SINGLE FAMILY. A residential building which contains one dwelling
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unit and which occupies its own zoning lot.
RESIDENTIAL DEVELOPMENT. Buildings for residence such as attached and detached
single family dwellings, apartment complexes, condominiums, townhouses, etc. and
their associated accessory uses and outbuildings such as garages, storage buildings,
gazebos, etc.
SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is
being transported by water, air, gravity, or ice from its site of origin.
SEDIMENTATION. Solid particulate matter, both mineral and organic, that has been
or is being transported off the site of the land disturbing activity or into a lake or
natural watercourse.
SINGLE FAMILY RESIDENTIAL ON A SINGLE LOT. A parcel of land occupied or
capable of being occupied by no more than one building containing no more than
one principal dwelling unit.
STORM DRAINAGE FACILITY. The system of inlets, conduits, channels, ditches, and
appurtenances which serve to collect and convey stormwater through and from a
given drainage area.
STORMWATER ADMINISTRATOR. An official or designated person of the Town of
Lewisville responsible for administration and enforcement of this Ordinance.
STORMWATER CONVEYANCE. Private and public drainage facilities by which
stormwater may be conveyed to waters of the United States, including but not
limited to, streets, roads, catch basins, natural and artificial channels, natural and
artificial drainage features, stream beds, gullies, curbs, gutters, ditches, and storm
drains.
STORMWATER RUNOFF. The direct runoff of water resulting from precipitation in
any form.
STREAM BUFFER. A natural or vegetated area through which stormwater runoff
flows in a diffuse manner and which provides for infiltration of runoff and filtering of
pollutants. The buffer is measured landward from the top of the bank defining the
edge of the channel of each side of streams.
STREAM, PERENNIAL. A watercourse, including rivers, streams, lakes, and ponds,
that flows year-round and is indicated as a solid blue line on the most recent version
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of the USGS 7.5 minute series (1:24,000 scale) topographic maps.
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STREET. A public right-of-way or private easement which affords traffic circulation
and a means of access to abutting property. The term street includes road, avenue,
place, way, drive, lane, boulevard, highway, and any facility principally designed for
motor vehicle traffic, except an alley or an easement solely for utilities or
pedestrians.
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.
STRUCTURE. Anything constructed or erected which is above grade including a
manufactured home. For purposes of this Ordinance structure does not include
landscape features, such as ornamental pools, planting boxes, sculpture, birdbaths,
open terraces, at -grade bridges and walkways, at -grade slab patios, driveways, walls
or fences, shelters for pets, playhouses, open stairs, recreational equipment,
flagpoles, underground fallout shelters, air-conditioning compressors, pump houses,
wells, mailboxes, privies, outdoor fireplaces, gate houses, burial vaults, cemetery
markers or monuments, bus shelters, or wharves.
SUBDIVIDER. Any person, form or corporation who subdivides or develops any land
deemed to be a subdivision as herein defined.
SUBDIVISION. All divisions of a tract or parcel of land into two (2) or more lots,
building sites, or other divisions for the purpose of a gift, sale, or building
development (whether immediate or future), including all divisions of land involving
the dedication of a new street or a change in existing streets. Included in this general
definition are subdivisions exempt by State law or courtjudgments, industrial or
commercial subdivisions, minor subdivisions, and major subdivisions, as defined in
the Subdivision Ordinance for Lewisville.
SUBDIVISION, MAJOR. All divisions of a tract or parcel of land into two (2) or more
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lots, building sites, or other divisions for the purpose of a gift, sale, or building
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development where new public streets will be constructed.
SUBDIVISION, MINOR. All divisions of a tract or parcel of land into two (2) or more
lots, building sites, or other divisions for the purpose of a gift, sale or building
development and which meets one of the criteria of Section D.3.
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.
TRANSPORTATION PLAN. A map adopted by each municipality, Forsyth County, the
Transportation Advisory Committee, and the North Carolina Department of
Transportation, contained in Legacyas subsequently amended and showing the
location of existing and proposed freeways/expressways, major thoroughfares and
minor thoroughfares. The Transportation Plan map is on file in the office of the
Planning Board.
UTILITIES. Facilities of any agency which, under public franchise or ownership,
provide the general public with electricity, gas, oil, water, sewage, electronic signals,
or rail transportation. The term utility shall not be construed to include the following:
corporate or general offices; storage or service buildings or yards; gas or oil
processing, manufacturing or storage facilities; transmission towers; or postal
facilities.
VARIANCE. An action by the Watershed Review Board to relax or waive a water
supply watershed management requirement that is established by this Ordinance,
given in conjunction with permission to develop or use property.
VARIANCE, MAJOR. A variance relaxing or waiving a water supply watershed
management requirement adopted by the Environmental Management Commission
that results in any one or more of the following:
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(1) The complete waiver of a management requirement; or
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(2) The relaxation, by a factor of more than ten percent (10%), of any management
requirement that takes the form of a numerical standard.
VARIANCE, MINOR. A variance that does not qualify as a major variance.
VESTED RIGHT. A right pursuant to G.S. 153A-344.1 to undertake and complete the
development and use of property under the terms and conditions of an approved
site specific development plan as provided in Section B.1-5.2(B)(2).
WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to
or proximity to or location within surface waters to fulfill its basic purpose, such as
boat ramps, boat houses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water dependent structures.
WATER SUPPLY WATERSHED, PUBLIC. An area from which water drains to a point of
impoundment, where the water is then used principally as a source for a public
water supply, designated and classified by the North Carolina Environmental
Management Commission.
(U DO L-133, §§ 1, 2, 6-11-09)
3-1.10 CUMULATIVE REQUIREMENTS
The requirements of this Ordinance are cumulative.
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.11 VIOLATIONS AND ENFORCEMENT
(A) General
(1) 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 Lewisville. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of the Town of
Lewisville.
(2) 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
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violation of this Ordinance.
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(3) Each Day a Separate Offense...... Each day that a violation continues shall constitute
a separate and distinct violation or offense.
(4) 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:
(a) 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.
(b) 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.
(B) 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.
(1) Remedies.
(a) 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
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responsible person has taken the remedial measures set forth in the notice of
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violation or has otherwise cured the violations described therein.
(b) 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 or
disapprove any request for permit or development approval or authorization
provided for by this Ordinance. Appeal of rulings by the Stormwater
Administrator or his or her designee shall be heard by the Zoning Board of
Adjustment.
(c) Injunction, Abatements, Etc...... The Stormwater 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.
(d) 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 G.S. 160A-193, the Stormwater
Administrator, with the written authorization of the Town Manager, may cause
the violation to be corrected and the costs to be assessed as a lien against the
property.
(e) 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.
(2) 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 thirty (30) days after notice of the violation is issued by the
Stormwater Administrator. Civil penalties may be assessed up to the full amount of
penalty to which the Town of Lewisville is subject for violations of its Phase II
Stormwater permit, but not less than one hundred dollars ($100.00) per day for each
violation.
(3) Criminal Penalties...... Violation of this Ordinance may be enforced as a
misdemeanor subject to the maximum fine permissible under North Carolina law.
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(C) Procedures
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(1) 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 Stormwater
Administrator shall investigate the complaint promptly.
(2) Inspection...... The Stormwater Administrator or authorized agent 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.
(3) 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 not to exceed thirty (30) days. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the Forsyth County Sheriffs 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 prior to the
deadline, 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.
(4) 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
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correction of the violation, up to, but not exceeding sixty (60) days. The Stormwater
Administrator may grant thirty -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.
(5) 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.
(6) 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.
(UDO L-133, §§ 1, 2, 6-11-09)
3-1.12 CHANGES AND AMENDMENTS
(A) Amendments ..... The Elected Body may, on its own motion or on petition, amend,
supplement, change or modify this Ordinance.
(B) Recommendation of the Planning Board ..... No amendment shall be made until the
proposal has been submitted to the Planning Board for review and recommendations. If
no recommendation has been received from the Planning Board within forty-five (45) days
after submission of the proposal to the Planning Board, the Elected Body may proceed as
though a favorable report had been received.
(C) Conformity with State Regulations ..... Under no circumstances shall the Lewisville Council
adopt such amendments, supplements or changes that would cause this Ordinance to
violate the water supply watershed protection rules adopted by the North Carolina
Environmental Management Commission. All amendments must be filed with the North
Carolina Division of Water Quality.
(UDO L-133, §§ 1, 2, 6-11-09)
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The effective date of this Ordinance shall be effective upon adoption, and the same shall take and be
in full force and effect thereon and thereafter.
(UDO L-133, §§ 1, 2, 6-11-09)
3-2 - ADMINISTRATION, PERMITS AND APPEALS
3-2.1 STORMWATER ADMINISTRATOR AND DUTIES THEREOF
(A) Enforcement Authority ..... The Stormwater Administrator is granted the authority to
administer and enforce the provisions of this Ordinance. The Stormwater Administrator,
or his duly authorized representative, may enter any building, structure, or premises, as
provided by law, to perform any duty imposed upon him by this Ordinance.
(1) Powers and Duties...... In addition to the powers and duties that may be conferred
by other provisions of the Town of Lewisville's Unified Development Ordinance 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.
(c) To establish application requirements and schedules for submittal and review
of applications and appeals, to review and make recommendations to the Town
Council of the Town of Lewisville 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, and official materials as relate to the adoption,
amendment, enforcement, or administration of this Ordinance.
(f) To provide expertise and technical assistance to the Town Council of the Town
of Lewisville and its Stormwater Advisory Committee, 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.
(B) Issue Permits ..... The Stormwater Administrator shall issue Stormwater Management
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permits and Stormwater Management occupancy permits, as prescribed herein. A record
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of all permits shall be kept on file and shall be available for public inspection during
regular office hours of the Stormwater Administrator.
(C) Secretary to the Watershed Review Board ..... The Stormwater Administrator shall serve as
secretary to the Stormwater and Watershed Review Board.
(D) Maintain Records of Amendments Related to the Provisions of this Ordinance ..... The
Planning Board shall keep records of all amendments to this Ordinance and shall provide
copies of all amendments upon adoption to the Supervisor of the Classification and
Standards Group, Water Quality Section, Division of Environmental Management, North
Carolina Department of Environmental and Natural Resources (DENR).
(E) Maintain Records of Variances ..... The Stormwater Administrator shall keep a record of
variances and exceptions granted in accordance with this Ordinance. This record shall be
submitted to the North Carolina Division of Water Quality on or before January 1 of each
year and shall provide a description of each project receiving a variance and the reasons
for granting the variance.
(UDO L-133, §§ 1, 2, 6-11-09)
3-2.2 PERMITS
(A) Stormwater Management Permits
(1) Permit Required...... Unless exempt pursuant with Section 3-1.6, no building or built -
upon area shall be erected or expanded, nor shall any building or zoning permit be
issued, until a Stormwater Management permit has been issued by the Stormwater
Administrator. No Stormwater Management permit shall be issued except in
conformity with the provisions of this Ordinance.
(2) Application for Permit...... Stormwater Management permit applications shall be
filed with the Stormwater Administrator. The application shall include a completed
application form, supporting documentation deemed necessary by the Stormwater
Administrator, and the application fee as established by Section C.3-2.3.
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.
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(3) Review...... Within thirty (30) working days after a complete application is submitted,
the Stormwater Administrator shall review the application and determine whether
the application complies with the standards of this Ordinance.
(a) Approval...... If the Stormwater Administrator finds that the application
complies with the standards of this Ordinance, the Stormwater Administrator
shall approve the application and notify the applicant in writing. 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.
(b) 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.
(c) Revision and Subsequent Review...... A complete revised application shall be
reviewed by the Stormwater Administrator within thirty (30) working days after
its re -submittal and shall be approved, approved with conditions or
disapproved.
If a revised application is not re -submitted within thirty (30) calendar days
from the date the applicant was notified, the application shall be
considered withdrawn, and a new submittal for the same or substantially
the same project shall be required along with the appropriate fee.
One re -submittal of a revised application may be submitted without
payment of an additional permit review fee. A permit review additional
fee, as established pursuant to this Ordinance, shall accompany any re -
submittal after the first re -submittal.
(4) 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 or redevelopment project. This consultation meeting should take
place prior to 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
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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, the Town of Lewisville's
Comprehensive Plan, Chapter 5, and other relevant resource protection plans
may be consulted in the discussion of the concept plan.
To accomplish this goal the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
(i) Existing Conditions/Proposed Site Plans...... Existing conditions and
proposed site layout sketch plans, which illustrate at a minimum: existing
and proposed topography; perennial and intermittent streams; mapping
of predominant soils from soil surveys (when available); boundaries of
existing predominant vegetation and proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
(ii) Natural Resources Inventory...... A written or graphic inventory of the
natural resources at the site and surrounding area as it exists prior to the
commencement of the project. This description should include a
discussion of soil conditions, forest cover, geologic features, topography,
wetlands, and native vegetative areas on the site, as well as the location
and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks
(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.
(iii) 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 proposed stream channel
modifications, such as bridge or culvert crossings.
(b) Stormwater Management Permit Application...... The stormwater management
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permit application shall be accompanied by an operations and maintenance
agreement and detailed Stormwater Management Plans showing how post -
development stormwater runoff will be controlled and managed and how the
proposed project will meet the requirements of this Ordinance, including
Section 3-5, Development 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 certify, under seal, that the design of all stormwater management
facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to comply with applicable
standards and policies found in the Design Manual, and that the designs and
plans ensure compliance with this Ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 3-2.2(b)(c).
(5) Consultation on Permit Issuance...... Prior to issuance of a Stormwater Management
permit, the Stormwater Administrator may consult with qualified personnel for
assistance to determine if the application meets the requirements of this Ordinance.
(6) Effect of Approval...... Approval authorizes the applicant to go forward with only the
specific plans and activity authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable approvals from
local, state, and federal authorities.
(7) Permit Expiration...... An approved plan shall become null and void if the applicant
has failed to make substantial progress on the site within one year after the date of
approval. The Stormwater Administrator may grant a single, one-year extension of
this time limit, for good cause shown, upon receiving a written request from the
applicant before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original permit and
the change in standards would infringe the applicant's vested rights.
(B) Building Permit Required ..... No permit required under the North Carolina State Building
Code shall be issued for any activity for which a Stormwater Management permit is
required until the latter permit has been issued.
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(C) Stormwater Management Occupancy Permit
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(1) Permit Required...... No building or structure which has been erected, or part
therefor which constitutes an expansion, may be occupied until the Stormwater
Administrator has received and approved As -Built Plans and issued a Stormwater
Management occupancy permit.
(2) As -Built Plans...... No permit shall be issued prior to the submitting of an As -Built
plan. The plan 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.
(3) Permit Issuance...... Stormwater Administrator shall issue a Stormwater
Management occupancy permit certifying that all requirements of this Ordinance
have been met prior to the occupancy or use of a building hereafter erected or
expanded.
(4) Change of Use...... When a change in use of land or existing building occurs, the
Stormwater Administrator shall issue a Stormwater Management occupancy permit
certifying that all requirements of this Ordinance have been met coincident with the
Stormwater Management permit.
(5) Denial of Permit...... If the Stormwater Management occupancy permit is denied, the
Stormwater Administrator shall notify the applicant in writing stating the reasons for
denial.
(UDO L-133, §§ 1, 2, 6-11-09)
3-2.3 APPLICATION AND INSPECTION FEES
(A) Payment of Fees ..... Application fees shall be paid to the Town of Lewisville. Applications
not accompanied by the required fee shall not be accepted. Application fees shall be valid
for sixty (60) days.
(B) Fees Established
(1) Stormwater Management Permit.
(a) Administrative Fee...... An administrative fee of one hundred dollars ($100.00)
shall be required for all applications submitted for a Stormwater Permit.
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(b) Review Fee...... A review fee of six hundred dollars ($600.00), used to defray the
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cost of Professional Engineer review, shall be required for applications
submitted for a Stormwater Permit if the Stormwater Management Plans
determine the new or redevelopment be required to include Structural BMPs.
(2) Stormwater and Watershed Variance...... A fee of seventy dollars ($70.00) shall be
required for application for a variance as required in Section C.3-2.5.
(UDO L-133, §§ 1, 2, 6-11-09)
3-2.4 RULES GOVERNING THE INTERPRETATION OF WATERSHED AREA BOUNDARIES
Where uncertainty exists or where a person disputes the boundaries of the watershed or any
watershed subareas, as shown on the Watershed Map, the following rules shall apply:
(A) Constructed Features ..... Where area boundaries are indicated as following either street,
alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be
said boundaries. However, a topographic survey prepared by a registered land surveyor
or engineer may be submitted to the Stormwater Administrator as evidence that one or
more properties or portions of properties along these boundaries do not lie within the
watershed.
(B) Lot Lines ..... Where are boundaries are indicated as following lot lines, such lot lines shall
be construed to be said boundaries. However, a topographic survey prepared by a
registered land surveyor or engineer may be submitted to the Stormwater Administrator
as evidence that one or more properties along these boundaries do not lie within the
watershed area.
(C) Determination by the Stormwater Administrator ..... Where other uncertainty exists, the
Stormwater Administrator shall interpret the Watershed Map as to location of such
boundaries. This decision may be appealed to the Stormwater and Watershed Review
Board.
(D) Revisions ..... All revisions to watershed boundaries must also be submitted to the North
Carolina Division of Water Quality for approval.
(UDO L-133, §§ 1, 2, 6-11-09)
3-2.5 ADMINISTRATIVE RELIEF AND VARIANCES
The Lewisville Zoning Board of Adjustment shall serve as the Stormwater and Watershed Review
Board and provide administrative review of and variances to this Ordinance.
(A) Administrative Review
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(1) Appeals...... The Stormwater and Watershed Review Board shall hear and decide
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appeals from any decision or determination made by the Stormwater Administrator
in the enforcement of this Ordinance.
(2) Appeal Procedure...... An appeal from a decision of the Stormwater Administrator
must be submitted to the Stormwater and Watershed Review Board within thirty (30)
days from the date the order, interpretation, decision or determination is made. All
appeals must be made in writing stating the reasons for appeal. Following
submission of an appeal, the Stormwater Administrator shall transmit to the Board
all papers constituting the record upon which the action appealed from was taken.
(3) Stays Based on Appeal...... An appeal from the Stormwater Administrator stays all
proceedings in furtherance of the action appealed, unless the Stormwater
Administrator certifies to the Board after the notice of appeal has been filed with
him, that by reason of facts stated in the certificate, a stay would in his opinion cause
imminent peril to life or property or that because the violation charged is transitory
in nature a stay would seriously interfere with enforcement of this Ordinance. In
such case, proceedings shall not be stayed otherwise than by an order which may be
granted by the Board or by a court with jurisdiction as authorized by law.
(4) Hearing...... The Board shall fix a reasonable time for hearing the appeal and give
notice thereof to the parties and shall decide the same within a reasonable time. At
the hearing, any party may appear and present evidence.
(B) Variances
(1) Minor and Major Variances...... The Stormwater and Watershed Review Board shall
have the power to authorize, in specific cases, variances from the terms of this
Ordinance when owing to special conditions, a literal enforcement of this Ordinance
will result in practical difficulties or unnecessary hardship. The Stormwater and
Watershed Review Board shall have the authority to grant minor variances. Major
variances must be approved by the Environmental Management Commission prior
to being granted by the Stormwater and Watershed Review Board.
(2) Applications...... Applications for a variance shall be made on the proper form
obtainable from the Stormwater Administrator and shall include the following
information:
(a) Site Plan...... A site plan, drawn to a scale not smaller than one inch represents
one hundred (100) feet, indicating the property lines of the parcel upon which
the use is proposed; any existing or proposed structures; parking areas and
other built -upon areas; and, surface water drainage. The site plan shall be
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neatly drawn and indicate north point, name and address of person who
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prepared the plan, date of the original drawing, and an accurate record of any
later revisions.
(b) Variance Description...... Complete and detailed description of the proposed
variance, together with any other pertinent information which the applicant
feels would be helpful to the Stormwater and Watershed Review Board in
considering the application.
(c) Application Fee...... An application fee as established by Section 22-41 C 3-2.3.
(3) Public Hearing and Notification.
(a) Hearing...... Applications for variances may be approved by the Stormwater and
Watershed Review Board after the Stormwater and Watershed Review Board
holds a duly advertised public hearing in each case. At the hearing, any party
may appear and present evidence.
(b) Advertisement...... The Stormwater and Watershed Review Board shall
advertise a public hearing not less than ten (10) days in advance of such
hearing, by a single insertion in a daily or weekly newspaper of general
circulation in Lewisville.
(c) Posting of Notice...... The applicant shall post on the property a notice of public
hearing at least fifteen (15) days prior to the date of the hearing before the
Stormwater and Watershed Review Board. Such notice shall be of sufficient size
to contain, and shall contain, heavy black lettering not less than three (3) inches
high on a white background and shall be posted in a conspicuous place on the
premises. Where such posting is not clearly visible from the nearest public
right-of-way, a second directional sign which is clearly visible from the nearest
public right-of-way shall be posted. A sign shall be provided by the Stormwater
Administrator consistent with these requirements. Such sign structure shall be
removed by the applicant within thirty (30) days after said public hearing.
(d) Notification of Other Local Governments and Entities Using the Water Supply
for Consumption...... The Stormwater Administrator shall notify in writing each
local government having jurisdiction in the respective watershed and any entity
using the water supply for consumption. Such notice shall include a description
of the variance being requested and the scheduled hearing on the variance.
Local governments having jurisdiction in the respective watershed and entities
using the water supply for consumption may appear at the hearing and present
evidence.
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(4) Consideration of Variance Application.
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(a) Difficulty or Hardship...... Applications for a variance may be approved only
upon a finding of practical difficulty or unnecessary hardship in meeting the
requirements of this Ordinance, which difficulties arise from the recorded
platting or deeding of land prior to the adoption of this Ordinance, or from any
act of a public agency, or from natural conditions beyond the control of the
property owner.
(b) Findings...... The Stormwater and Watershed Review Board shall approve of a
variance only where the Stormwater and Watershed Review Board makes an
affirmative finding as follows:
(i) That the approval of the variance will not materially endanger the public
health or safety if located where proposed and developed according to
the application and plan as submitted and approved;
(ii) That the use of the property otherwise meets all required conditions and
specifications;
(iii) That the approval of the variance will not substantially injure the value of
adjoining or abutting property, or that the use is a public necessity; and,
(iv) That the location and character of the use, if developed according to the
variance, will otherwise be in harmony with the area in which it is to be
located and in general conformity with Legacy.
(c) Review of Applications and Conditions...... Any such variance shall observe the
spirit and purpose of this Ordinance and shall be granted only with reference to
conditions and circumstances peculiar to the property involved. In passing
upon such requests the Stormwater and Watershed Review Board may specify
additional reasonable and appropriate conditions and safeguards to protect the
public health and safety, the value of neighboring properties and the health
and safety of neighboring residents.
(d) Denial of Application...... If the Stormwater and Watershed Review Board
denies the application for a variance, it shall enter the reasons for denial in the
minutes of the meeting at which the action was taken.
(5) Approval of Major Variances by Environmental Management Commission.
(a) Record of the Hearing...... If the application calls for the granting of a major
variance, and if the Stormwater and Watershed Review Board decides in favor
of granting the variance, the Board shall prepare a record of the hearing for
transmission to the Environmental Management Commission. The record of the
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hearing shall include the variance application, evidence presented, the factual
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basis for granting the variance, and all conditions proposed to be added to the
permit.
(b) Environmental Management Commission Review...... The record shall be sent
to the Environmental Management Commission for its review as follows:
(i) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that the property owner can
secure no reasonable return from, nor make any practical use of the
property unless the proposed variance is granted, and the variance, if
granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the
proposed variance with conditions and stipulations. The Commission shall
prepare a Commission decision and send it to the Watershed Review
Board. If the Commission approves the variance as proposed, the Board
shall prepare a final decision granting the proposed variance. If the
Commission approves the variance with conditions and stipulations, the
Board shall prepare a final decision, including such conditions and
stipulations, granting the proposed variance.
(ii) If the Commission concludes from the preliminary record that the
variance qualifies as a major variance and that the property owner can
secure a reasonable return from or make a practical use of the property
without the variance or the variance, if granted, will result in a serious
threat to the water supply, then the Commission shall deny approval of
the variance as proposed. The Commission shall prepare a Commission
decision and send it to the Stormwater and Watershed Review Board. The
Board shall prepare a final decision denying the variance as proposed.
(6) Variance Considered Stormwater Management Permit...... A variance issued in
accordance with this section shall be considered a Stormwater Management permit
and shall expire if a building permit for such use is not obtained by the applicant
within twelve (12) months from the date of the decision.
(7) Reconsideration...... The Stormwater and Watershed Review Board shall refuse to
hear an appeal or an application for a variance previously denied if it finds that there
have been no substantial changes in conditions or circumstances bearing on the
appeal or application.
(UDO L-133, §§ 1, 2, 6-11-09)
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Every decision of the Stormwater and Watershed Review Board shall be subject to review by the
Superior Court of Forsyth County by proceedings in the nature of certiorari. Any petition for review by
the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the decision
of the board is made.
(UDO L-133, §§ 1, 2, 6-11-09)
3-3 - WATERSHED CLASSIFICATIONS AND SUBAREAS ESTABLISHED
The following watershed classifications and subareas are established for designated Public Water
Supply Watersheds in Lewisville. The boundaries of each subarea are shown on the Watershed Map.
3-3.1 WATERSHED CLASSIFICATIONS
The following watershed classifications are established for designated water supply watersheds and
protected areas in Lewisville:
(A) WS-IV Watersheds ..... The Yadkin River Watershed is subdivided into the Upper and Lower
Watersheds and designated as protected areas for water supply intakes on the Yadkin
River.
(UDO L-133, §§ 1, 2, 6-11-09)
3-3.2 [WATERSHED SUBAREAS] RESERVED
3-4 - PROHIBITED AND RESTRICTED USES AND ACTIVITIES
3-4.1 PROHIBITED USES
(A) Protection Area of WS-IV Watersheds ..... In the Protection Areas of WS-IV watersheds, new
landfills and new sites for land application of sludge residuals or petroleum contaminated
soils shall be prohibited.
(UDO L-133, §§ 1, 2, 6-11-09)
3-4.2 SPILL CONTAINMENT STRUCTURES REQUIRED
New nonresidential development must incorporate adequately designed, constructed, and
maintained spill containment structures for the hazardous materials used, stored, or manufactured on
the premises. Adequately designed, constructed, and maintained shall mean that measures are taken to
contain any and all spilled materials to ensure no adverse environmental impacts occur. Certification
from a registered professional engineer that adequate spill containment structures are in place is
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required prior to the issuance of a Stormwater Management occupancy permit.
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(UDO L-133, §§ 1, 2, 6-11-09)
3-5 - DEVELOPMENT STANDARDS
3-5.1 GENERAL PROVISIONS
All development and redevelopmentto which this Ordinance applies shall comply with the standards
of this section.
(A) Best Available Technology/Information ..... When considering technology and information
to be used for analysis and design of stormwater management features to meet the
requirements of this Ordinance, the best available technology and information shall be
used for analysis and design.
(B) Operations and Maintenance Plan ..... Developer/owner shall provide an operations and
maintenance plan, as well as an agreement and contractual lien for the approved site
stormwater management plan for review and approval by the Town, and implementation
by the owner.
(C) Additional Requirements ..... The Town reserves the right to impose additional
requirements related to stormwater management on a site to address such issues as
maintenance, drainage, inspection and access easements, and restrictive covenants for
stormwater management features; and inspection, operations, and maintenance of the
stormwater management and drainage system.
(D) Low -Impact Development Practices ..... Owners of developmentand re -development
projects are hereby encouraged to use Low Impact Development (LID) practices where
practicable that will aid stormwater quality and quantity management by reducing
impervious surfaces, increasing the use of natural conveyances, maintaining natural
vegetation areas, increasing infiltration of surface waters to replenish ground waters, and
conserving stormwater for alternative compatible uses.
(E) Regional Stormwater Control Facilities ..... The use of regional stormwater control facilities
may be allowed when space is available, in order to treat multiple parcels of land which
are subject to the provisions of this Ordinance.
(UDO L-133, §§ 1, 2, 6-11-09)
3-5.2 STORMWATER RUNOFF CONTROL REQUIREMENTS
Unless specifically exempted in Section C.3-1.6, all new developmentand redevelopment projects
within the Town limits shall meet the provisions below. Stormwater shall be conveyed through the
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development in an adequately designed drainage system of natural drainage ways, swales, storm
sewers, culverts, inlets, channels, BMPs, and stormwater management facilities. Drainage systems shall
be designed, constructed, and maintained so as to provide natural infiltration, control velocity, control
flooding, extend the time of concentration of stormwater runoff, and to control to the maximum extent
practicable the impacts of development.
(A) Downstream Mitigation ..... All new or redevelopment is required to analyze the effects of
the increased runoff up to the point where the post -construction discharge is ten percent
(10%) of the receiving stream base flow for the design storm. Efforts shall be taken to
mitigate any adverse effects on downstream structures, culverts, and other potentially
harmful effects.
(B) Upstream Conveyance ..... Stormwater Management Plans shall demonstrate adequacy to
convey upstream stormwater runoff through the development as guided by this
Ordinance and the Design Manual. All designs will assume build -out conditions for the
drainage basin at the time of development and must take into account the runoff at the
ultimate built -out potential from all surfaces draining to the system, including any off -site
drainage.
(C) Hydrologic -Hydraulic Analysis ..... For all Stormwater Management Plans, a hydrologic -
hydraulic analysis of the site drainage system in the pre -development condition and the
post -development condition for both the one- and ten-year, twenty -four-hour design
storm events shall be submitted to the Stormwater Administrator. The analysis will
demonstrate that the stormwater management requirements stated in this section will be
achieved by the proposed facilities. The analysis will be subject to the review and approval
of the Stormwater Administrator.
(D) Protection of Point of Discharge ..... Discharge from any on -site stormwater collection
system or structural BMP into any natural or surface drainage channel or feature, shall be
designed and constructed so that the discharge does not cause damage to the receiving
stream.
(E) Design of Water Impounding Structures (Dams) ..... Any proposed water impounding
structure (dam) shall be designed in accordance with North Carolina Dam Safety
Standards, and if required, shall be reviewed and approved by the NC Dam Safety
Engineer. Proof of compliance with this requirement shall be provided by the applicant.
(F) Low -Density Projects ..... Low -density projects shall comply with each of the following
standards:
(1) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable.
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(2) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial
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and intermittent surface waters. A perennial or intermittent surface water shall be
present if the feature is approximately shown on either the most recent version of
the soil survey map prepared by the Natural Resources Conservation Service of the
United States Department of Agriculture 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 in areas
located outside the public water supply watershed area 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 by the North Carolina Division of Water Quality.
(3) The approval of the stormwater permit shall require an enforceable restriction on
property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
(G) High -Density Projects ..... High -density projects shall implement stormwater control
measures that comply with each of the following standards:
(1) The peak discharge rates of stormwater runoff for the design storm events including
the two-year, ten-year, twenty -five-year, and twenty -four-hour storm events shall be
controlled with no greater runoff for the post -development conditions than pre -
development conditions at the property boundary. The Owner shall submit a
certification, by a currently licensed professional in accordance with North Carolina
law, that the proposed development will not cause increased peak runoff rates for
the design storm events. The same methodologies used to calculate stormwater
runoff must be used for both pre- and post -development conditions.
(2) All measures shall have a volume control and treatment for the difference in
stormwater runoff volume leaving the project site between the pre- and post -
development conditions for, at a minimum, the twenty -five-year, six -hour storm. The
runoff volume shall be detained on site with proper BMP's allowing for a drawdown
time that shall be a minimum of forty-eight (48) hours, but not more than one
hundred twenty (120) hours.
(3) All structural stormwater treatment systems used to meet the requirements of the
program shall be designed to have a minimum of eighty-five percent (85%) average
annual removal for Total Suspended Solids.
(4) General engineering design criteria for all projects shall be in accordance with 15A
NCAC 2H .1008(c), as explained in the Design Manual.
(5)
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All built -upon area shall be at a minimum of thirty (30) feet landward (one hundred (100) feet landward
for areas located within the designated public water supply watershed area) 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 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 in areas located
outside the public water supply watershed area when surface waters are not present in accordance with
the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made by the North
Carolina Division of Water Quality.
(6) The approval of the stormwater permit shall require an enforceable restriction on
property usage that runs with the land, such as recorded deed restrictions or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
(H) Impervious Coverage Limitations ..... All new or redevelopment located within the
designated public water supply watershed area are limited to seventy percent (70%) built -
upon area pursuant the North Carolina Water Supply Protection Rules.
(1) Onsite Wastewater ..... For all land uses that incorporate the use of on -site wastewater
treatment systems for domestic wastewater, the sources of fecal coliform shall be
controlled to the maximum extent practicable. This control is ensured through conformity
to Chapter B, Article III, Section 3-10 of the Lewisville Unified Development Ordinances as
administered and enforced by the Forsyth County Department of Public Health.
(1) The Lewisville Planning Board and Elected Board shall review all proposals for new
development and re -development to verify that Section 3-10 of the UDO has been
complied with.
(2) Fecal Coliform shall be also be controlled by adherence to UDO Sections B-2-5.38(E)
for kennels, B-2-5.48(D)(3) for manufactured housing developments, B-2-5.49(C) for
meat packaging plants, B-2-5.61(13)(6) for recreational vehicle parks, and B-2-5.75(F)
for veterinary services.
(UDO L-133, §§ 1, 2, 6-11-09; Ord. No. 2011056, § 2, 11-10-11; UDO L-140, § 2, 11-10-11)
I:11113111Ci ; ►I t ►A : ► _ eWL Al1►1a»_101
3-6.1 APPLICABILITY
The Owner of any new or redevelopment must submit a Stormwater Management Plan, hereinafter
("Plan"), demonstrating how post -development stormwater runoff will be controlled and managed, the
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design of all stormwater facilities and practices, and how the proposed project will meet the
requirements of this Ordinance. Stormwater facilities may consist of non-structural approaches such as
natural swales, depressions in the land and other natural approaches; or structural approaches such as
detention structures (wet and dry basins), extended detention facilities, and alternative Best
Management Practices with provisions for stormwater quantity control. A combination of non-structural
and structural approaches is encouraged. A plan, in accordance with the requirements of this Ordinance,
shall be submitted to the Stormwater Administrator.
(A) Requirements ..... All submitted Stormwater Management Plans to be considered
complete must include the following:
(1) A Location Map.
(2) Site plans showing existing and proposed conditions, including: buildings, lots,
streets, roads, contours, utilities, existing and proposed impervious surfaces,
boundaries of existing predominant vegetation and proposed limits of clearing and
grading. Site plans shall be dated, indicate the direction of North. Note: When the
development includes street and utility construction, plans for public and private
streets and plans for water, sanitary sewer, and storm sewer facilities shall be
submitted to the Stormwater Administrator following approval by North Carolina
DOT of plans for streets and roads. For each phase of the proposed construction,
street and utility construction plans shall include all improvements lying within or
adjacent to that phase and all water, sanitary sewer, and storm sewer lines lying
outside that phase and being required to serve that phase.
(3) Pre- and post -development drainage areas, including offsite drainage entering the
development and flow paths.
(4) Existing and proposed drainage components, such as streams, lakes, ponds,
wetlands, culverts, ditches, swales, and soil conditions.
(5) Riparian buffers with zones identified and conservation corridors, where required.
(6) All drainage and stormwater management facility easements, where required.
(7) One hundred -year flood elevations and boundary, where required,
floodplain/floodway limits.
(8) Hydrologic/Hydraulic Analyses of the specified storm events for the proposed
stormwater management facilities.
(9) Stormwater management facilities design data included:
(a) Engineering calculations,
(b) Total area of proposed impervious surfaces, in square feet,
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(c) Total disturbed land area, in square feet,
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(d) Total drainage area upstream of each facility, in acres.
(10) Analyses with descriptions of any potential effects of stormwater runoff quantity
and/or quality from the development on any downstream or upstream properties.
(11) Data demonstrating the ability of the drainage way(s) to handle stormwater runoff.
(12) Additional requirements for the Stormwater Management Plan can be found in the
Design Manual.
(UDO L-133, §§ 1, 2, 6-11-09)
3-7 - STREAM BUFFERS
3-7.2 APPLICABILITY
(A) Requirement ..... Stream Buffers shall be required for intermittent surface waters. Surface
waters 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 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).
(B) Exemptions ..... An exception may be allowed in areas located outside the public water
supply watershed area when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination made by the
North Carolina Division of Water Quality.
(C) Indicated on Site Plans and Plats ..... Required stream buffers shall be indicated on all site
plans and subdivision plats approved by the Stormwater Administrator.
(UDO L-133, §§ 1, 2, 6-11-09)
3-7.3 STREAM BUFFER STANDARDS
(A) Width ..... A thirty (30) foot vegetative buffer (one hundred -foot vegetative buffer for high
density developments located within the public water supply watershed area) measured
landward from the top of the bank defining the edge of the stream channel is required on
each side of a perennial stream and from the normal pool elevation of other
watercourses.
(B) Development in the Stream Buffer ..... No development is permitted in the buffer except
for the following permitted activities where there is no practicable alternative to their
location in the stream buffer. These permitted activities shall minimize built -upon area,
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direct stormwater runoff away from surface waters, and maximize the utilization of
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stormwater best management practices.
(1) Water dependent structures;
(2) Utilities;
(3) Transportation facilities, such as bridges and roads; and,
(4) Passive recreation uses, such as greenways and open spaces.
(C) Streambank Stabilization ..... Desirable artificial streambank or shoreline stabilization is
permitted in the stream buffer.
(UDO L-133, §§ 1, 2, 6-11-09)
3-8 - WATER QUALITY AND SUPPLY
3-8.1 IN GENERAL
No activity, situation, structure or land use shall be allowed within the watershed which poses a
threat to water quality. Such conditions may arise from inadequate on -site sewage systems which utilize
ground absorption; inadequate sedimentation and erosion control measures; the improper storage or
disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a
spill containment plan for hazardous materials; the improper management of stormwater runoff; or any
other situation found to pose a threat to water quality.
(UDO L-133, §§ 1, 2, 6-11-09)
3-8.2 ABATEMENT
(A) Identification of Situations ..... The Stormwater Administrator shall monitor land use
activities within the watershed areas to identify situations that may pose a threat to water
quality.
(B) Report Concerning Situations ..... The Stormwater Administrator shall report all findings to
the Planning Staff of the Planning Board. The Planning Staff may consult with any public
agency or official and request recommendations. The Planning Staff shall prepare a report
and make recommendations to the Planning Board.
(C) Planning Board and Elected Body Action ..... Where the Planning Board finds a threat to
water quality, the Planning Board shall make recommendations to the elected body who
may institute any appropriate action or proceeding to restrain, correct or abate the
condition and/or violation.
(U DO L-133, §§ 1, 2, 6-11-09)
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ic1s>s►•r_n►11111111a.ra►144
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3-9.1 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs as Intended ..... The owner of each structural BMP installed pursuant to
this Ordinance shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of function for which
the structural BMP was designed.
(B) Annual Maintenance Inspection and Report ..... The person responsible for maintenance
of any structural BMP installed pursuant to this Ordinance shall submit to the Stormwater
Administrator an annual maintenance and inspection report from a qualified registered
North Carolina professional engineer, or certified stormwater BMP inspection and
maintenance professional. 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.
(UDO L-133, H 1, 2, 6-11-09)
3-9.2 OPERATIONS 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 operations 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.
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The operations and maintenance agreement shall require the owner or owners to
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maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to the Town of Lewisville 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 Lewisville to assume
responsibility for the structural BMP.
The operations 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) calendar 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
operations 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 Town of Lewisville, in
its sole discretion, may remedy the situation, and in such instances the Town of
Lewisville 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 Town of Lewisville 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
percent (15%) of the initial construction cost of the structural BMPs. The
Homeowners Association will contribute into an escrow account, an amount
satisfactory to support operations and maintenance of all stormwater treatment
devices as well as annual inspections of stormwater facilities as determined by the
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developer's engineer. 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) 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 Town of Lewisville depending on the design and
materials of the stormwater control and management facility.
(5) Granting to the Town of Lewisville a right of entry to inspect, monitor, maintain,
repair, and reconstruct structural BMPs.
(6) Allowing the Town of Lewisville to recover from the association and its members any
and all costs the Town of Lewisville expends to maintain or repair the structural
BMPs or to correct any operational deficiencies. Failure to pay the Town of Lewisville
all of its expended costs, after forty-five (45) days' written notice, shall constitute a
breach of the agreement. The Town of Lewisville 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, in case of a
deficiency. Interest, collection costs, and attorney fees shall be added to the
recovery.
(7) A statement that this agreement shall not obligate the Town of Lewisville to maintain
or repair any structural BMPs, and the Town of Lewisville 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 Town of Lewisville to enforce any of its ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of Lewisville for any costs
and injuries arising from or related to the structural BMP, unless the Town of
Lewisville 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.
(UDO L-133, §§ 1, 2, 6-11-09)
3-9.3 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Lewisville or authorized agent may be
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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 or authorized agent while carrying out his or her
official duties.
(UDC) L-133, §§ 1, 2, 6-11-09)
3-9.4 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required ..... The Town of Lewisville 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 stormwater permit in order to ensure
that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management
plan, and/or
(2) Maintained by the owner as required by the operations and maintenance
agreement.
(B) Amount
(1) Installation...... The amount of an installation performance security shall be the total
estimated construction cost of the BMPs approved under the permit, plus twenty-five
percent (25%).
(2) Maintenance...... The amount of a maintenance performance security shall be the
present value of an annuity of perpetual duration based on a reasonable estimate of
the annual cost of inspection, operation and maintenance of the BMPs approved
under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing
minus a reasonable estimate of long term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions...... The performance security shall contain forfeiture
provisions for failure, after proper notice, to complete work within the time specified,
or to initiate or maintain any actions which may be required of the applicant or
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owner in accordance with this Ordinance, approvals issued pursuant to this
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Ordinance, or an operations and maintenance agreement established pursuant to
this Ordinance.
(2) Default...... Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the applicable permit
or operations and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary improvements
based on an engineering estimate. Such expenditure of funds shall only be made
after requesting the owner to comply with the permit or maintenance agreement. In
the event of a default triggering the use of installation performance security, the
Town of Lewisville shall not return any of the unused deposited cash funds or other
security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security...... If the Town of Lewisville takes action
upon such failure by the applicant or owner, the Town of Lewisville may collect from
the applicant or owner for the difference should the amount of the reasonable cost
of such action exceed the amount of the security held.
(4) Refund...... Within sixty (60) days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, with the exception of any
amount attributable to the cost (plus twenty-five percent (25%)) of landscaping
installation and ongoing maintenance associated with the BM Ps covered by the
security. Any such landscaping shall be inspected one 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.
(UDO L-133, H 1, 2, 6-11-09)
3-9.5 NOTICE TO OWNERS
(A) Deed Recordation and Indications on Plat ..... The applicable operations and maintenance
agreement, conservation easement, or other document granting any interest in a
structural BMP (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 said documents, (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.
For projects located within the public water supply watershed area, the final plat shall
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make a notation as to being located within the public water supply watershed area.
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(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.
(UDO L-133, §§ 1, 2, 6-11-09)
3-9.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least five (5) years from the date of creation of the record and shall submit the same upon reasonable
request to the Stormwater Administrator.
(UDO L-133, §§ 1, 2, 6-11-09)
3-9.7 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so
as not to create or result in a nuisance condition.
(UDO L-133, §§ 1, 2, 6-11-09)
3-10 - ILLICIT DISCHARGES
3-10.1 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges ..... No person shall cause or allow the discharge, emission, disposal,
pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of
the State, or upon the land in 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 groundwater infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
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(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;
(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 Lewisville.
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
section (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:
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(a) May result in the discharge of hazardous materials or may pose an immediate
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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:
(i) The quantity and complexity of the work,
(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public health, and to public
and private property, and
(iv) The cost of remedying the damage.
(C) Spills ..... Spills or leaks of polluting substances released, discharged to, or having the
potential to be released or discharged to the stormwater conveyance system, shall be
contained, controlled, collected, and properly disposed. All affected areas shall be
restored to their preexisting condition.
Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were released
or discharged, shall immediately notify the Stormwater Administrator and Lewisville
Fire Chief of the release or discharge, as well as making any required notifications
under state and federal law. Notification shall not relieve any person of any expenses
related to the restoration, loss, damage, or any other liability which may be incurred
as a result of said spill or leak, nor shall such notification relieve any person from
other liability which may be imposed by State or other law.
(D) Impeding Stormwater Conveyances ..... No person shall cause or allow any stormwater
conveyance or BMP to be impeded or diverted by any means, including but not limited to;
stoppage or blockage of pipes; adding or placing materials of any kind to cause damming
or erosion; or breaking, damaging or otherwise interfering with the function of any
stormwater conveyance or BMP.
(E) Nuisance ..... Illicit discharges and illicit connections that exist within the Town of Lewisville
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.
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(U DO L-133, §§ 1, 2, 6-11-09)
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