NCS000584_Stormwater Ordinance_20200720

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Sec. 3.11 - Stormwater Control Regulations.
3.11.1 Authority. The City of Lexington is authorized to adopt these regulations pursuant
to North Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; G.S. § 143-214.7 and rules promulgated by the
Environmental Management Commission thereunder; Session Law 2004-163;
Chapter 160A, §§ 174, 185; as well as Chapter 113A, Article 4 (Sedimentation
Pollution Control); Article 21, Part 6 (Floodway Regulation); Chapter 160A, Article 19
(Planning and Regulation of Development); Chapter 153A, Article 18.
3.11.2 Findings. It is hereby determined that:
(1) Development and redevelopment alters the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater
recharge;
(2) These changes in stormwater runoff contribute to increased quantities of
water -borne pollutants and alterations in hydrology that are harmful to
public health and safety as well as to the natural environment;
(3) These effects can be managed and minimized by applying proper design and
well -planned controls to manage stormwater runoff from development sites;
(4) Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act")
and Federal Phase II Stormwater Rules promulgated under it, as well as rules
of the North Carolina Environmental Management Commission promulgated
in response to Federal Phase II requirements, compel certain urbanized
areas, including this jurisdiction, to adopt minimum stormwater controls such
as those included in these regulations;
(5) Therefore, the City of Lexington establishes this set of water quality and
quantity regulations to meet the requirements of state and federal law
regarding control of stormwater runoff and discharge.
3.11.3 Purpose. The purpose of these regulations is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing minimum
requirements and procedures to control the adverse effects of increased post -
development stormwater runoff and nonpoint and point source pollution
associated with new development and redevelopment; as well as illegal discharges
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into municipal stormwater systems. It has been determined that proper
management, or Best Management Practices (BMPs), 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.
3.11.4 ReguiatoryObjectives. These regulations seeks to meet its general purpose
through the following specific objectives and means:
(1) Establishing decision -making processes for development that protect the
integrity of watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the pre -
development hydrologic response in their post -development state as nearly
as practicable for the applicable design storm to reduce flooding, stream
bank erosion, nonpoint and point source pollution and increases in stream
temperature, and to maintain the integrity of stream channels and aquatic
habitats;
(3) Establishing minimum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff
quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use
of structural stormwater BMPs that may be used to meet the minimum post -
development stormwater management standards;
(5) Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance
of structural and nonstructural stormwater BMPs to ensure that they
continue to function as designed, are maintained appropriately, and pose no
threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval
and disapproval of stormwater management plans, for the inspection of
approved projects, and to assure appropriate long-term maintenance;
(8) Controlling illicit discharges into the municipal separate stormsewer system.
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(9) Controlling erosion and sedimentation from construction activities;
(10) Assigning responsibility and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.
3.11.5 Applicabilityandjurisdiction. Beginning with and subsequent to its effective date,
these regulations shall be applicable to all districts, new development and
redevelopment, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt as described in Section
3.11.7 Exemptions.
3.11.6 Exemptions.
(1) Development that cumulatively disturbs less than one acre and is not part of
a larger common plan of development or sale is exempt from the provisions
of these regulations.
(2) Redevelopment that cumulatively disturbs less than one acre and is not part
of a larger common plan of development or sale is exempt from the
provisions of these regulations.
(3) Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of development or
sale, even though multiple, separate or distinct activities take place at
different times on different schedules
(4) Activities that are exempt from permit requirements of Section 404 of the
federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming
and forestry activities) are exempt from the provisions of these regulations.
3.11.7 No Development or Redevelopment Until Compliance and Permit. No development
or redevelopment shall occur except in compliance with the provisions of these
regulations or unless exempted. No development for which a permit is required
pursuant to these regulations shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
3.11.8 Map.
(1) The provisions of these regulations shall apply within the areas designated on
the map titled "Stormwater Map of the City of Lexington, North
Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith.
The Stormwater Map and all explanatory matter contained thereon
accompanies and is hereby made a part of these regulations.
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(2) The Stormwater Map shall be kept on file by the Stormwater Administrator
and shall be updated to take into account changes in the land area covered
by these regulations and the geographic location of all structural BMPs
permitted under these regulations. In the event of a dispute, the applicability
of these regulations to a particular area of land or BMP shall be determined
by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary ordinances.
3.11.9 Interpretation.
(1) Intent. All provisions, terms, phrases, and expressions contained in these
regulations shall be construed according to the purpose and regulatory
objectives set forth in Sections 3.11.4 and 3.11.5. If a different or more
specific meaning is given for a term defined elsewhere in the City of
Lexington's Code of Ordinances, the meaning and application of the term in
these regulations shall control for purposes of application of these
stormwater regulations.
(2) Text Controls in Event of Conflict. In the event of a conflict or inconsistency
between the text of these regulations and any heading, caption, figure,
illustration, table, or map, the text shall control.
(3) Authority for Interpretation. The Stormwater Administrator has authority to
determine the interpretation of these regulations. Any person may request
an interpretation by submitting a written request to the Stormwater
Administrator, who shall respond in writing within thirty (30) days. The
Stormwater Administrator shall keep on file a record of all written
interpretations of these regulations.
(4) References to Statutes, Regulations and Documents. Whenever reference is
made to a resolution, ordinance, statute, regulation, manual (including the
North Carolina Department of Environmental Quality (NCDEQ) Stormwater
BMP Design Manual), or document, it shall be construed as a reference to the
most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
(5) Computation of Time. The time in which an act is to be done shall be
computed by excluding the first day and including the last day. If a deadline
or required date of action falls on a Saturday, Sunday, or holiday observed by
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the City of Lexington, the deadline or required date of action shall be the next
day that is not a Saturday, Sunday or holiday observed by the City of
Lexington. References to days are calendar days unless otherwise stated.
(6) Delegation ofAuthority. Any act authorized by these regulations is to be
carried out by the Stormwater Administrator, or his/her designee, of the City
of Lexington.
(7) Mandatory and Discretionary Terms. The words "shall," "must," and "will" are
mandatory in nature, establishing an obligation or duty to comply with the
particular provision. The words "may" and "should" are permissive in nature.
(8) Conjunctions. Unless the context clearly indicates the contrary, conjunctions
shall be interpreted as follows: The word "and" indicates that all connected
items, conditions, provisions and events apply. The word "or" indicates that
one or more of the connected items, conditions, provisions or events apply.
(9) Tense, Plurals and Gender. Words used in the present tense include the
future tense. Words used in the singular number include the plural number
and the plural number includes the singular number, unless the context of
the particular usage clearly indicates otherwise. Words used in the masculine
gender include the feminine gender, and vice versa.
(10) Measurement and Computation. Lot area refers to the amount of horizontal
land area contained inside the lot lines of a lot or site.
3.11.10 North Carolina Department of Environmental Quality(NCDEQ) Stormwater BMP
Design Manual.
(1) Reference to NCDEQ Stormwater BMP Manual. The Stormwater Administrator
shall use the policy, criteria, and information, including technical
specifications and standards, in the NCDEQ Stormwater BMP Design Manual,
or Design Manual, as the basis for decisions about Stormwater management
permits and about the design, implementation and performance of structural
and non-structural stormwater BMPs. The NCDEQ Stormwater BMP Design
Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each Stormwater practice. Stormwater
treatment practices that are designed, constructed, and maintained in
accordance with these design and sizing criteria will be presumed to meet the
minimum water quality performance standards of the Phase II laws.
(2)
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Relationship of the Design Manual to Other Laws and Regulations. If the
specifications or guidelines of the Design Manual are more restrictive or
apply a higher standard than other laws or regulations, that fact shall not
prevent application of the specifications or guidelines in the Design Manual.
(3) Changes to Standards and Specifications. If the standards, specifications,
guidelines, policies, criteria, or other information in the Design Manual are
amended subsequent to the submittal of an application for approval
pursuant to these regulations but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing
these regulations with regard to the application.
3.11.11 Relationship to Other Laws, Regulations and Private Agreements.
(1) Conflict of Laws. These regulations is not intended to modify or repeal any
other ordinance, rule, regulation or other provision of law. The requirements
of these regulations are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law. Where any provision of
these regulations imposes restrictions different from those imposed by any
other ordinance, rule, regulation or other provision of law, whichever
provision is more restrictive or imposes higher protective standards for
human or environmental health, safety, and welfare shall control.
(2) Private Agreements. These regulations are not intended to revoke or repeal
any easement, covenant, or other private agreement. However, where these
regulations are more restrictive or impose higher standards or requirements
than such an easement, covenant, or other private agreement, the
requirements of these regulations shall govern. Nothing in these regulations
shall modify or repeal any private covenant or deed restriction, but such
covenant or restriction shall not legitimize any failure to comply with these
regulations. In no case shall the City of Lexington be obligated to enforce the
provisions of any easements, covenants, or agreements between private
parties.
(3) Severability. If the provisions of any section, subsection, paragraph,
subdivision or clause of these regulations shall be adjudged invalid by a court
of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, subdivision or clause of
these regulations.
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3.11.12 Effective Date and Transitional Provisions.
(1) Effective Date. These regulations shall take effect on November 11, 2017.
(2) FinalApprovals, Complete Applications, All development and redevelopment
projects for which complete and full applications were submitted and approved by
the City of Lexington prior to the effective date of these regulations and which
remain valid, unexpired, unrevoked and not otherwise terminated at the time of
development or redevelopment shall be exempt from complying with all provisions
of these regulations dealing with the control and/or management of post -
construction runoff, but shall be required to comply with all other applicable
provisions, including but not limited to illicit discharge provisions.
(3) Violations Continue. Any violation of provisions existing on the effective date of
these regulations shall continue to be a violation under these regulations and be
subject to penalties and enforcement under these regulations unless the use,
development, construction, or other activity complies with the provisions of these
regulations.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.12 -Administration and Procedures.
3.12.1 Review and Decision -Making Entities.
(1) StormwaterAdministrator. A Stormwater Administrator shall be designated
by the City of Lexington to administer and enforce these regulations.
(2) Powersand Duties. In addition to the powers and duties that maybe
conferred by other provisions of the City of Lexington Code of Ordinances
and other laws, the Stormwater Administrator shall have the following
powers and duties under these regulations:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to these regulations.
b. To make determinations and render interpretations of these
regulations.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the City of Lexington on applications for
development or redevelopment approvals.
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d. To enforce the provisions of these regulations in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of these
regulations.
f. To provide expertise and technical assistance to the City of Lexington,
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 these
regulations.
3.12.2 Review Procedures.
(1) Permit Required,• Must Apply for Permit. A stormwater management permit is
required for all development and redevelopment unless exempt pursuant to
these regulations. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(2) Effect of Permit. A stormwater management permit shall govern the design,
installation, and construction of stormwater management and control
practices on the site, including structural BMPs and elements of site design
for stormwater management other than structural BMPs. The permit is
intended to provide a mechanism for the review, approval, and inspection of
the approach to be used for the management and control of stormwater for
the development or redevelopment site consistent with the requirements of
these regulations, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not
continue in existence indefinitely after the completion of the project; rather,
compliance after project construction is assured by the maintenance
provisions of these regulations.
(3) Authority to File Applications. All applications required pursuant to these
regulations shall be submitted to the Stormwater Administrator by the land
owner or the land owner's duly authorized agent.
(4)
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Application Contents and Form. The Stormwater Administrator shall establish
requirements for the content and form of all applications and shall amend
and update those requirements from time to time. At a minimum, the
stormwater management permit application shall describe in detail how post -
development stormwater runoff will be controlled and managed, the design
of all stormwater facilities and practices, and how the proposed project will
meet the requirements of these regulations.
(5) Submission Schedule. The Stormwater Administrator shall establish a
submission schedule for applications. The schedule shall establish deadlines
by which complete applications must be submitted for the purpose of
ensuring that there is adequate time to review applications and that the
various stages in the review process are accommodated.
(6) Permit Review Fees. The City of Lexington shall establish permit review fees
as well as policies regarding refund of any fees upon withdrawal of an
application, and may amend and update the fees and policies from time to
time.
(7) Administrative Manual. For applications required under these regulations, the
Stormwater Administrator shall compile the application requirements,
submission schedule, fee schedule, a copy of these regulations, and
information on how and where to obtain the Design Manual in an
Administrative Manual, which shall be made available to the public.
(8) Submittal of Complete Application. Applications shall be submitted to the
Stormwater Administrator pursuant to the application submittal schedule in
the form established by the Stormwater Administrator, along with the
appropriate fee established pursuant to this section.
(9) An application shall be considered complete only when it contains all
elements of an application pursuant to these regulations, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall
be provided with an opportunity to submit a complete application. However,
the submittal of an incomplete application shall not suffice to meet a
deadline contained in the submission schedule established above.
(10)
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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 these
regulations.
(11) Approval. If the Stormwater Administrator finds that the application complies
with the standards of these regulations, the Stormwater Administrator shall
approve the application. The Stormwater Administrator may impose
conditions of approval as needed to ensure compliance with these
regulations. The conditions shall be included as part of the approval.
(12) Failure to Comply. If the Stormwater Administrator finds that the application
fails to comply with the standards of these regulations, 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.
(13) Revisions 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.
(14) If a revised application is not re -submitted within thirty (30) calendar days
from the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same
project shall be required along with the appropriate fee for a new submittal.
(15) One re -submittal of a revised application maybe submitted without payment
of an additional permit review fee. Any re -submittal after the first re -
submittal shall be accompanied by a permit review fee additional fee, as
established pursuant to these regulations.
3.12.3 Applications for Approval.
(1) Concept Plan and Pre -Application Meeting. Before a stormwater management
permit application is deemed complete, the Stormwater Administrator or
developer may request a consultation on a concept plan for the post -
construction stormwater management system to be utilized in the proposed
development project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the process. The
purpose of this meeting is to discuss the post -construction stormwater
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management measures necessary for the proposed project, as well as to
discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is
commenced. Local watershed plans and other relevant resource protection
plans should be consulted in the discussion of the concept plan. To
accomplish this goal, the following information should be included in the
concept plan in advance of the meeting.
(2) Existing Conditions/ProposedSite Plans. Existing conditions and proposed
site layout sketch plans, which illustrate at a minimum: existing and proposed
topography; perennial and intermittent streams; mapping of predominant
soils from soil surveys (if available); boundaries of existing predominant
vegetation; proposed limits of clearing and grading; and location of existing
and proposed roads, buildings, parking areas and other impervious surfaces.
(3) Natural Resources Inventory. A written or graphic inventory of natural
resources at the site and surrounding area as it exists prior to the
commencement of the project. This description should include a discussion of
soil conditions, forest cover, geologic features, topography, wetlands, and
native vegetative areas on the site, as well as the location and boundaries of
other natural feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
(4) Stormwater Management System Concept Plan. A written or graphic concept
plan of the proposed post -development stormwater management system
including: preliminary selection and location of proposed structural
stormwater controls; low -impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site
to upstream and downstream properties and drainages; and preliminary
location of any proposed stream channel modifications, such as bridge or
culvert crossings.
(5)
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Stormwater Management Permit Application. The stormwater management
permit application shall detail how post -development stormwater runoff will
be controlled and managed and how the proposed project will meet the
requirements of these regulations, including Standards in Section 3.13. All
such plans shall be prepared by a qualified registered North Carolina
professional engineer, surveyor, soil scientist or landscape architect, and the
engineer, surveyor, soil scientist or landscape architect shall perform services
only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal
requirements for complete applications, that the designs and plans are
sufficient to comply with applicable standards and policies found in the BMP
Design Manual, and that the designs and plans ensure compliance with these
regulations. 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 Sections 3.12.2.12 through 3.12.2.15.
(6) As -built Plans and FinalApproval. Upon completion of a project, and before a
Certificate of Occupancy shall be granted, the applicant shall certify that the
completed project is in accordance with the approved stormwater
management plans and designs, and shall submit actual as -built plans for all
stormwater management facilities or practices after final construction is
completed. As-builts shall be submitted in the form of signed and sealed
PDF's as well as a geo-referenced AutoCAD file (.dwg) for digital upload into
the City's GIS system. The plans shall show the final design specifications for
all stormwater management facilities and practices and the field location,
size, depth, and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and plans
shall certify, under seal, that the as -built stormwater measures, controls, and
devices are in compliance with the approved stormwater management plans
and designs and with the requirements of these regulations. A final
inspection and approval by the Stormwater Administrator shall occur before
the release of any performance securities.
(7) Other Permits. No Certificate of Compliance or Occupancy shall be issued by
the City of Lexington without final as -built plans and a final inspection and
approval by the Stormwater Administrator, except where multiple units are
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served by the stormwater practice or facilities, in which case, the City of
Lexington may elect to withhold a percentage of permits or certificates of
occupancy until as -built plans are submitted and final inspection and
approval has occurred.
3.12.4 Permit Approvals,
(1) EffectofApproval. Approval authorizes the applicant to go forward with only
the specific plans and activities authorized in the permit. The approval shall
not be construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.
(2) Time Limit/Expiration. An approved plan shall become null and void if the
applicant fails to make substantial progress on the site within one year after
the date of approval. The Stormwater Administrator may grant a single, one-
year extension of this time limit, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan. In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant's vested rights.
(3) Right ofAppeal. Any aggrieved person affected by any decision, order,
requirement, or determination relating to the interpretation or application of
these regulations made by the Stormwater Administrator, may file an appeal
to the City of Lexington City Council within thirty (30) days.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.13 - Standards.
3.13.1 Floodplain and Watercourse Protection Restrictions for All Districts.
(1) Applicability. All area within the one percent (1 %) (100-year) flood plain as
shown on the most recent version of the Federal Emergency Management
Agency Flood Insurance Rate Maps; and all streams, creeks, rivers, etc., shown
as watercourses on the most recent version of the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps. Development and
redevelopment activities in all districts are subject to stormwater control
regulations.
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(2) Fioodolain Restrictions. Development shall not mar or disturb the ecological
and environmental efficiency of the floodplain land, nor may it disturb or re -
grade slopes to more than a ten percent (10%) elevation or contour change.
Building permits will not be issued for development within floodplain. Fill is
prohibited.
(3) Watercourse buffer required. A minimum fifty (50) foot vegetative buffer is
required along both sides of all watercourses. A twenty-five (25) foot
vegetative buffer is required around impoundments along watercourses. On
each side of the watercourse, the required buffer will begin at the edge of the
watercourse channel and extend perpendicular to the watercourse a distance
equal to the lesser of fifty (50) feet, or to a ridge line which changes the runoff
flow to be away from the watercourse.
3.13.2 Development and Use Restrictions Within Watercourse Buffers. Development
within the required watercourse buffer is limited to flood control, stream bank
stabilization, water dependent structures and other public projects such as road
crossings and greenways where no practical alternative exists. These activities shall
minimize built -upon surface area, direct runoff away from the surface waters, and
maximize the utilization of Best Management Practices (BMPs). Use within buffer is
limited to the following, subject to the requirement that adjacent lands disturbed
as a result of these uses are stabilized and replanted with native vegetation:
(1) Land -related activities with no permanent structures.
(2) Near perpendicular (75 degrees or greater) utility watercourse crossings.
(3) Parallel utility installation.
(4) Near perpendicular (75 degrees or greater) watercourse crossings by
greenway trails, bicycle paths, sidewalks, and other pedestrian path.
(5) Near perpendicular (75 degrees or greater) crossings for farm animals with
fencing to minimize the animals' impacts upon the buffers.
(6) Narrow footpaths constructed with minimal vegetation disturbance that
permit the landowner to walk to the water.
(7) Incidental drainage improvements or repairs for maintenance.
(8) Mitigation approved by a State or Federal agency acting under Sections 401
or 404 of the Clean Water Act.
(9) The continuation of existing agricultural uses.
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(10) Other land uses within the buffers may approved as part of a development
plan subject to the requirement that the landowner demonstrate that the net
result of the land use and strategy to mitigate the impact of the land use
provide at least the same protection to the water quality and ecological
integrity.
3.13.3 Prohibited Development and Uses Within Watercourse Buffers.
(1) Land disturbances and vegetation clearing are prohibited within the buffer,
except for placement of necessary public utilities.
(2) Buildings are prohibited within the buffer.
(3) Piping of watercourses is prohibited.
3.13.4 DeveiopmentStandards for Low -Density Projects. All development and
redevelopment to which these regulations applies shall comply with the standards
of this section. 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.
(2) All built -upon area shall be at a minimum of fifty (50) feet landward of all
perennial and intermittent surface waters, per Section 3.13.1(3). A perennial
or intermittent surface water shall be deemed present if the feature is
approximately shown on either the most recent version of the soil survey
map prepared by the Natural Resources Conservation Service of the United
States Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). An exception to this requirement may
be allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific determination
made using NCDEQ-approved methodology.
(3) The approval of the stormwater management permit shall require an
enforceable restriction on property usage that runs with the land, such as a
recorded deed restriction or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
3.13.5
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Development Standards for High -Density Projects. All development and
redevelopment to which these regulations applies shall comply with the standards
of this section. High density projects shall meet the following minimum design
criteria:
(1) Stormwater Control Measures shall be designed, constructed, and
maintained so that the project achieves either "runoff treatment" or "runoff
volume match" as those terms are defined in 15A NCAC 02H .1002.
(2) The measures shall control and treat runoff from the first inch of rain. Runoff
volume drawdown time shall be a minimum of forty-eight (48) hours, but not
more than one hundred and twenty (120) hours.
(3) General engineering design criteria for all projects shall be in accordance with
15A NCAC 2H .1008(c), as explained in the Design Manual.
(4) All built -upon area shall be at a minimum of 50 feet landward of all perennial
and intermittent surface waters, per Section 3.13.1(3). A surface water shall
be deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA)
or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS). An
exception to this requirement may be allowed when surface waters are not
present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or
similar site -specific determination made using NCDEQ-approved
methodology.
(5) The approval of the stormwater management permit shall require an
enforceable restriction on property usage that runs with the land, such as
recorded deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site (and approved
stormwater control measure) consistent with the approved project plans.
3.13.6 Standards for Stormwater Control Measures.
(1) Evaluation According to Contents of the Design Manual. All Stormwater
control measures and stormwater treatment practices (also referred to as
Best Management Practices, or BMPs) required under these regulations shall
be evaluated by the Stormwater Administrator according to the policies,
criteria, and information, including technical specifications and standards and
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the specific design criteria for each stormwater practice, in the Design
Manual. The Stormwater Administrator shall determine whether proposed
BMPs will be adequate to meet the requirements of these regulations.
(2) Determination ofAdequacy,• Presumptions and Alternatives. Stormwater
treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the NCDEQ Stormwater
BMP Design Manual will be presumed to meet the minimum water quality
and quantity performance standards of these regulations. Whenever an
applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the Design
Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance
standards of these regulations. The Stormwater Administrator may require
the applicant to provide the documentation, calculations, and examples
necessary for the Stormwater Administrator to determine whether such an
affirmative showing is made.
(3) Separation from Seasonal High Water Table, For BMPs that require a
separation from the seasonal high-water table, the separation shall be
provided by at least twelve (12) inches of naturally occurring soil above the
seasonal high-water table.
3.13.7 Variances.
(1) Any person may petition to the City of Lexington City Council for a variance
granting permission to use the person's land in a manner otherwise
prohibited by these regulations. To qualify for a variance, the petitioner must
show all of the following.
(2) Unnecessary hardships would result from strict application of these
regulations.
(3) The hardships result from conditions that are peculiar to the property, such
as the location, size, or topography of the property.
(4) The hardships did not result from actions taken by the petitioner.
(5) The requested variance is consistent with the spirit, purpose, and intent of
these regulations; will secure public safety and welfare; and will preserve
substantial justice.
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(6) The City of Lexington may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(7) Statutory exceptions. Notwithstanding subdivision (A) of this section,
exceptions from the 50-foot landward location of built -upon area
requirement as well as the deed restrictions and protective covenants
requirements shall be granted in any of the following instances:
(8) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located,
designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have
the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs.
(9) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not
limited to, water, sewer, or gas construction and maintenance corridor, as
long as it is located fifteen (15) feet landward of all perennial and intermittent
surface waters and as long as it is located, designed, constructed, and
maintained to minimize disturbance, provide maximum nutrient removal,
protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent
practicable through the use of BMPs.
(10) A lack of practical alternatives may be shown by demonstrating that,
considering the potential for a reduction in size, configuration, or density of
the proposed activity and all alternative designs, the basic project purpose
cannot be practically accomplished in a manner which would avoid or result
in less adverse impact to surface waters.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.14 - Maintenance.
3.14.1 General Standards for Maintenance.
(1)
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Function of BMPs as Intended. The owner of each structural BMP installed
pursuant to these regulations 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.
(2) Annual Maintenance Inspection and Report. The person responsible for
maintenance of any structural BMP installed pursuant to these regulations
shall submit to the Stormwater Administrator an inspection report from one
of the following persons performing services only in their area of
competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, or person
certified by the North Carolina Cooperative Extension Service for stormwater
treatment practice inspection and maintenance. The inspection report shall
contain all of the following items:
a. The name and address of the land owner;
b. The recorded book and page number of the lot of each structural BMP;
c. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
e. 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 these regulations; and
f. The original signature and seal of the engineer, surveyor, or landscape
architect.
(3) 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 the as -built
certification and each year thereafter on or before January 1 st(or the next
available workday).
3.14.2 Operation and Maintenance Agreement.• General.
(1) Prior to the conveyance or transfer of any lot or building site to be served by
a structural BMP pursuant to these regulations, and prior to issuance of any
permit for development or redevelopment requiring a structural BMP
pursuant to these regulations or Certificate of Occupancy, the applicant or
owner of the site must execute an operation and maintenance agreement
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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.
(2) The operation and maintenance agreement shall require the owner or
owners to maintain, repair and, if necessary, reconstruct the structural BMP,
and shall state the terms, conditions, and schedule of maintenance for the
structural BMP. In addition, it shall grant to City of Lexington a right of entry,
shown on the as-builts as a maintenance easement in the event that the
Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP;
however, in no case shall the right of entry, of itself, confer an obligation on
City of Lexington to assume responsibility for the structural BMP.
(3) The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be referenced
on the final plat and shall be recorded with the county Register of Deeds
upon final plat approval. A copy of the recorded maintenance agreement
shall be given to the Stormwater Administrator within fourteen (14) days
following its recordation.
3.14.3 Operation and Maintenance Agreement. Special requirements for homeowners'
and other associations.
(1) For all structural BMPs required pursuant to these regulations and that are to
be or are owned and maintained by a homeowners' association, property
owners' association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions.
(2) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(3) Establishment of an escrow account, which can be spent solely for sediment
removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the structural BMPs. If structural BMPs are not performing
adequately or as intended or are not properly maintained, the City of
Lexington, in its sole discretion, may remedy the situation, and in such
instances the City of Lexington shall be fully reimbursed from the escrow
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account. Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs, provided that the City of Lexington
shall first consent to the expenditure.
(4) Both developer contribution and annual sinking funds shall fund the escrow
account. Prior to plat recordation or issuance of construction permits,
whichever shall first occur, the developer shall pay into the escrow account
an amount equal to fifteen (15) percent of the initial construction cost of the
structural BMPs. Two-thirds (%) 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.
(5) The percent of developer contribution and lengths of time to fund the escrow
account may be varied by the City of Lexington depending on the design and
materials of the stormwater control and management facility.
(6) Granting to the City of Lexington a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(7) Allowing the City of Lexington to recover from the association and its
members any and all costs the City of Lexington expends to maintain or
repair the structural BMPs or to correct any operational deficiencies. Failure
to pay the City of Lexington all of its expended costs, after forty-five (45) days
written notice, shall constitute a breach of the agreement. In case of a
deficiency, the City of Lexington shall thereafter be entitled to bring an action
against the association and its members to pay, or foreclose upon the lien
hereby authorized by the agreement against the property, or both. Interest,
collection costs, and attorney fees shall be added to the recovery.
(8) A statement that this agreement shall not obligate the City of Lexington to
maintain or repair any structural BMPs, and the City of Lexington shall not be
liable to any person for the condition or operation of structural BMPs.
(9)
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A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the City of Lexington to enforce any of its ordinances as
authorized by law.
(10) A provision indemnifying and holding harmless the City of Lexington for any
costs and injuries arising from or related to the structural BMP, unless the
City of Lexington 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.
3.14.4 Inspection Program.
(1) Inspections and inspection programs by the City of Lexington may be
conducted or established on any reasonable basis, including but not limited
to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include, but are not limited to, reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material or
water in BMPs; and evaluating the condition of BMPs.
(2) If the owner or occupant of any property refuses to permit such inspection,
the Stormwater Administrator shall proceed to obtain an administrative
search warrant pursuant to G.S. § 15-27.2 or its successor. No person shall
obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties.
3.14.5 Performance Security for Installation and Maintenance. The City of Lexington may,
at its discretion, require the submittal of a performance security or bond with
surety, cash escrow, letter of credit or other acceptable legal arrangement prior to
issuance of a permit in order to ensure that the structural BMPs are:
(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 operation and maintenance
agreement.
(3) 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%).
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(4) 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.
(5) Forfeiture Provisions. The performance security shall contain forfeiture
provisions for failure, after proper notice, to complete work within the time
specified, or to initiate or maintain any actions which may be required of the
applicant or owner in accordance with these regulations, approvals issued
pursuant to these regulations, or an operation and maintenance agreement
established pursuant to these regulations.
(6) Default. Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the applicable
permit or operation and maintenance agreement, the Stormwater
Administrator shall obtain and use all or any portion of the security to make
necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the owner to
comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, the City of Lexington
shall not return any of the unused deposited cash funds or other security,
which shall be retained for maintenance.
(7) Costs in Excess of Performance Security. If the City of Lexington takes action
upon such failure by the applicant or owner, the City of Lexington may collect
from the applicant or owner the difference between the amount of the
reasonable cost of such action and the amount of the security held, in
addition to any other penalties or damages due.
(8) Refund. Within sixty (60) days of the final approval, the installation
performance security shall be refunded to the applicant or terminated,
except any amount attributable to the cost plus twenty-five percent (25%) of
landscaping installation and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be inspected one (1) year
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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.
3.14.6 Notice to owners.
(1) Deed Recordation and Indications on P/at. The applicable operations and
maintenance agreement, conservation easement, maintenance easement or
dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every structural BMP shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval.
If no subdivision plat is recorded for the site, then the operations and
maintenance agreement, conservation easement, maintenance easement, or
dedication and acceptance into public maintenance (whichever is applicable)
shall be recorded with the county Register of Deeds so as to appear in the
chain of title of all subsequent purchasers under generally accepted
searching principles.
(2) S/gnage. Where appropriate in the determination of the Stormwater
Administrator to assure compliance with these regulations, 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.
3.14.7 Records of Installation and Maintenance Activities. The owner of each structural
BMP shall keep records of inspections, maintenance, and repairs for at least five
years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
3.14.8 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.
3.14.9 Maintenance Easement. Every structural BMP installed pursuant to these
regulations shall be made accessible for adequate maintenance and repair by a
maintenance easement. The easement shall be recorded and its terms shall specify
who may make use of the easement and for what purposes.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.15 - Enforcement and Violations.
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3.15.1 General,
(1) Authorityto Enforce. The provisions of these regulations shall be enforced by
the Stormwater Administrator, his or her designee, or any authorized agent
of the City of Lexington. Whenever this section refers to the Stormwater
Administrator, it includes his or her designee as well as any authorized agent
of the City of Lexington.
(2) Violation Unlawful. Any failure to comply with an applicable requirement,
prohibition, standard, or limitation imposed by these regulations, or the
terms or conditions of any permit or other development or redevelopment
approval or authorization granted pursuant to these regulations, is unlawful
and shall constitute a violation of these regulations.
(3) Each Daya Separate Offense. Each day that a violation continues shall
constitute a separate and distinct violation or offense.
3.15.2 Responsible Persons/Entities.
(1) 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 these regulations
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 these regulations, or fails to take appropriate action, so that a
violation of these regulations 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
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a condition that constitutes a violation of these regulations, or fails to
take appropriate action, so that a violation of these regulations 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.
3.15.3 Remedies and Penalties.
(1) The remedies and penalties provided for violations of these regulations,
whether civil or criminal, shall be cumulative and in addition to any other
remedy provided by law, and may be exercised in any order.
(2) Withholding of Certificate of Occupancy (CO). The Stormwater Administrator
or other authorized agent may refuse to issue a certificate of occupancy for
the building or other improvements constructed or being constructed on the
site and served by the stormwater practices in question until the applicant or
other responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described therein.
(3) Disapproval of Subsequent Permits and DevelopmentApprovals. As long as a
violation of these regulations continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
City of Lexington may disapprove, any request for permit or development
approval or authorization provided for by these regulations or the zoning,
subdivision, and/or building regulations, as appropriate for the land on which
the violation occurs.
(4) Injunction, Abatements, Etc. The Stormwater Administrator, with the written
authorization of the City of Lexington, 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 these regulations. Any person violating
these regulations shall be subject to the full range of equitable remedies
provided in the General Statutes or at common law.
(5)
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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 City of Lexington, may
cause the violation to be corrected and the costs to be assessed as a lien
against the property.
(6) Stop Work Order. The Stormwater Administrator may issue a stop work order
to the person(s) violating these regulations. 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.
(7) Civil Penalties. Violation of these regulations 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 City of Lexington is subject for
violations of its Phase II Stormwater management permit, or if no Phase II
Stormwater management permit exists for the jurisdiction, civil penalties may
be assessed up to the full amount allowed by law.
(8) Criminal Penalties. Violation of these regulations maybe enforced as a
misdemeanor subject to the maximum fine permissible under North Carolina
law.
3.15.4 Enforcement Procedures.
(1) Initiation/Complaint. Whenever a violation of these regulations occurs, or is
alleged to have occurred, any person may file a written complaint. Such
complaint shall state fully the alleged violation and the basis thereof, and
shall be filed with the Stormwater Administrator, who shall record the
complaint. The complaint shall be investigated promptly by the Stormwater
Administrator.
(2) Inspection. The Stormwater Administrator shall have the authority, upon
presentation of proper credentials, to enter and inspect any land, building,
structure, or premises to ensure compliance with these regulations.
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(3) Notice of Violation and Order to Correct. When the Stormwater Administrator
finds that any building, structure, or land is in violation of these regulations,
the Stormwater Administrator shall notify, in writing, the property owner or
other person violating these regulations. The notification shall indicate the
nature of the violation, contain the address or other description of the site
upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are
to be assessed, the notice of violation shall also contain a statement of the
civil penalties to be assessed, the time of their accrual, and the time within
which they must be paid or be subject to collection as a debt. The Stormwater
Administrator may deliver the notice of violation and correction order
personally, by the City of Lexington personnel, by certified or registered mail,
return receipt requested, or by any means authorized for the service of
documents by Rule 4 of the North Carolina Rules of Civil Procedure. If a
violation is not corrected within a reasonable period of time, as provided in
the notification, the Stormwater Administrator may take appropriate action
under these regulations to correct and abate the violation and to ensure
compliance with these regulations.
(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 correction of the violation, up to, but not
exceeding thirty (30) days. The Stormwater Administrator may grant thirty
(30) day extensions in addition to the foregoing extension if the violation
cannot be corrected within the permitted time due to circumstances beyond
the control of the person violating these regulations. 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.
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(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
these regulations.
(6) Emergency Enforcement. If delay in correcting a violation would seriously
threaten the effective enforcement of these regulations or pose an
immediate danger to the public health, safety, or welfare, then the
Stormwater Administrator may order the immediate cessation of a violation.
Any person so ordered shall cease any violation immediately. The Stormwater
Administrator may seek immediate enforcement, without prior written notice,
through any remedy or penalty authorized by this article.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.16 - Illegal Discharges and Connections.
3.16.1 iiiega/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. Prohibited substances
include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
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(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/or
(19) Other non-stormwater discharges for which a valid NPDES discharge permit
has been approved and issued by the State of North Carolina, and provided
that any such discharges to the municipal separate storm sewer system shall
be authorized by the City of Lexington.
3.16.2 //legal 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 13.16.1 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 these regulations. 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)
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Where it is determined that said connection: May result in the discharge of
hazardous materials or may pose an immediate threat to health and safety,
or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or was made in violation of
any applicable regulation or ordinance, other than this section.
(4) The Stormwater Administrator shall designate the time within which the
connection shall be removed. In setting the time limit for compliance, the
Stormwater Administrator shall take into consideration: The quantity and
complexity of the work, the consequences of delay, the potential harm to the
environment, to the public health, and to public and private property, and the
cost of remedying the damage.
3.16.3 Spills.
(1) 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.
(2) Persons in control of the polluting substances immediately prior to their
release or discharge, and persons owning the property on which the
substances were released or discharged, shall immediately notify the City of
Lexington 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.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.17 - Definitions Specific to Stormwater Regulations.
When used in these regulations, the following words and terms shall have the meaning set
forth in this section, unless other provisions of these regulations specifically indicate otherwise.
Built -upon area (BUA). That portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement and gravel areas
such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon
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area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or allows
water to infiltrate through the paving material. Gravel must be #57 stone that is laid at a
minimum depth of four (4) inches and underlain with a geotextile fabric, otherwise, it is deemed
as an impervious surface.
Department. The North Carolina Department of Environmental Quality (NCDEQ)
Design Manual. The NCDEQ Stormwater BMP Design Manual approved for use in Phase II
jurisdictions by the Department. All references herein to the NCDEQ Stormwater BMP Design
Manual are to the latest published edition or revision.
Development. Any land -disturbing activity that increases the amount of built -upon area or
that otherwise decreases the infiltration of precipitation into the soil.
Division. The Division of Energy, Mineral and Land Resources in the Department.
High -density Project. Any project that exceeds the low -density threshold for dwelling units
per acre or built -upon area.
Larger Common Plan of Development or Sale. Any area where multiple separate and distinct
construction or land -disturbing activities will occur under one plan. A plan is 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.
Low -density Project. The project is a low -density project if it has no more than two dwelling
units per acre or twenty-four percent (24%) built -upon area (BUA) for all residential and non-
residential development. A project with an overall density at or below the relevant low -density
threshold, but containing areas with a density greater than the overall project density, may be
considered low density as long as the project meets or exceeds the post -construction model
practices for low -density projects and locates the higher density in upland areas and away from
surface waters and drainage -ways to the maximum extent practicable.
1-year, 24-hour Storm. The surface runoff resulting from a twenty-four (24) hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in twelve (12) months and with a
duration of twenty-four (24) hours.
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Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of management
and control of the property. "Owner" shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in possession
of the property does not constitute an owner, unless the secured lender is included within the
meaning of "owner" under another description in this definition, such as a management entity.
Redevelopment. Any development on previously -developed land, other than a rebuilding
activity that results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development.
Structural BMP. A physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other
characteristics; to approximate the pre -development hydrology on a developed site; or to achieve
any combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BMP" is synonymous with "structural practice," "stormwater
control facility," "stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural stormwater treatment
systems," and similar terms used in these regulations or otherwise approved by NCDEQ.
Substantial Progress. For the purposes of determining whether sufficient progress has been
made on an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit and conducting
grading activity on a continuous basis and not discontinued for more than thirty (30) days; or
installation and approval of on -site infrastructure; or obtaining a building permit for the
construction and approval of a building foundation. "Substantial progress" for purposes of
determining whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law.
(Ord. No. 18-16, Exh. A, 11-13-17)
Sec. 3.18 - Historic District Regulations.
3.18.1 Intent. Changes to properties within the historic overlay district shall be regulated
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in accordance with the design guidelines found in Section 17.
Editor's note— Ord. No. 18-16, Exh. A„ adopted Nov. 13, 2017, set out provisions intended for use
as § 3.11. To maintain sequential numbering presented within Section 3 of this chapter, the
former section 3.11 has been renumbered as 3.18, at the discretion of the editor.
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