WSMU_YOUN_WSWP Ordinance_20200819

ARTICLE 19
WATERSHED PROTECTION ORDINANCE
SECTION 1: GENERAL PROVISIONS
19.1 Title
This Ordinance shall be officially known as "The Youngsville Watershed Protection
Ordinance", but it may also be referred to as "The Stormwater Ordinance." It may be
furthermore referred to herein as "this Ordinance."
19.2 Purpose and Authority
The purpose of this Ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of issues related to increased stormwater runoff
and nonpoint and point source pollution, buffer protection, and illicit discharges into
municipal stormwater systems. It has been determined that proper management of
construction -related and post -Development stormwater runoff, illicit discharges, and
buffer protection will minimize damage to public and private property and infrastructure;
safeguard the public health, safety, and general welfare; and protect water and aquatic
resources. This Ordinance also applies to all properties within the Town of Youngsville
and its extraterritorial jurisdiction, regardless of whether the property is currently being
"developed" or not.
The Town Board of Commissioners of the Town of Youngsville is authorized to adopt
this Ordinance pursuant to North Carolina law, including but not limited to Article 14,
Section 5 of the Constitution of North Carolina; North Carolina General Statutes § 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); Article 19, Part 4, Chapter
§ 160A; G.S. § 160A-372 (Open Space).
19.3 Findings
It is hereby determined that:
19.3-1 Development and Re -Development alter the hydrologic response of local watersheds
and increase stormwater runoffrates and volumes, flooding, soil erosion, stream
channel erosion, nonpoint and point source pollution, and sediment transport and
deposition, as well as reducing groundwater recharge;
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19.3-2 These changes in stormwater runoffcontribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as
well as to the natural environment; and
19.3-3 These effects can be managed and minimized by applying proper design and well -
planned controls to manage stormwater runoff from Development sites.
19.3-4 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 (EMC) promulgated in response
to federal Phase II requirements, compel certain urbanized areas, including this
jurisdiction, to adopt minimum stormwater controls such as those included in this
Ordinance. Further, the EMC has identified Falls of Neuse reservoir, a water supply
reservoir, as nutrient sensitive waters; has identified all or a portion of the reservoir as
impaired waters under the federal Clean Water Act due to exceedances of the
chlorophyll a standard; and has promulgated rules (the "Falls Rules") to reduce the
average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all
point and nonpoint sources of these nutrients located within its watershed, including
stormwater from new development in this jurisdiction;
19.3-5 Therefore, the Town of Youngsville Town Board of Commissioners 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.
19.4 Specific
This Ordinance seeks to meet its general purpose through the following specific
objectives and means:
19.4-1 Establishing decision -making processes for Development that protects the integrity of
watersheds and preserves the health of water resources.
19.4-2 Requiring that new Development and Re -Development maintain the pre -Development
hydrologic response in their post -Development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and point
source pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
19.4-3 Establishing minimum post -Development stormwater management standards and
design criteria for the regulation and control of stormwater runoffquantity and
quality;
19.4-4 Establishing design and review criteria for the construction, function, and use of
structural stormwater Best Management Practices (BMPs) that may be used to meet
the minimum post -Development stormwater management standards;
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19.4-5 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;
19.4-6 Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater Best Management Practices (BMPs) to ensure
that they continue to function as designed, are maintained appropriately, and pose no
threat to public safety;
19.4-7 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.
19.4-8 Coordinating site design plans that include open space and natural areas with the
Town of Youngsville Development Ordinance and the 2040 Comprehensive Land
Use & Master Plan, and any other plans as adopted by the Town of Youngsville.
19.4-9 Controlling illicit discharges into the municipal separate stormwater system.
19.4-10 Controlling erosion and sedimentation from construction activities.
19.4-11 Assigning responsibility and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.
19.5 Applicability and Jurisdiction
19.5-1 General. Beginning with and subsequent to its effective date, this Ordinance shall be
applicable to all properties in the Town of Youngsville and its extraterritorial
jurisdiction, including, but not limited to, site plan applications, subdivision
applications, and grading applications, unless exempt pursuant to Subsection 19-5.2
of this Section, Exemptions. Properties need not be "under development" to be
subject to the standards of this Ordinance.
19.5-2 Exemptions. The following are exempt from the requirements of this Article. The
exemption shall not be construed to permit uses prohibited in the primary and/or
overlay zoning district, or otherwise prohibited by this Ordinance.
(A.) Single family and duplex residential and recreational development and
redevelopment that cumulatively disturbs less than one half acre and is not part of a
larger common plan of development or sale is exempt from the provisions of this
ordinance.
(B.) Commercial, industrial, institutional, multifamily residential or local government
development and redevelopment that cumulatively disturbs less than 12,000 square
feet and is not part of a larger common plan of development or sale is exempt from
the provisions of this ordinance.
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(C.) Development and redevelopment that disturbs less than the above thresholds are not
exempt if such activities are part of a larger common plan of development or sale and
the larger common plan exceeds the relevant threshold, even though multiple,
separate or distinct activities take place at different times on different schedules.
(D.) Development that is exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry
activities) are exempt from the provisions of this ordinance.
(E.) No lot or property shall be exempt from the buffer protection requirements of this
Ordinance.
19.5-3 No Development or re -Development Until Compliance and Permit. No Development
or Re -Development shall occur except in compliance with the provisions of this
Ordinance or unless exempted. No Development for which a permit is required
pursuant to this Ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
19.5-4 Map. The provisions of this Article shall apply within the areas designated on the
map titled "Falls Watershed Stormwater Map of the Town of Youngsville, North
Carolina " ("the Stormwater Map"), which is adopted simultaneously herewith. The
Stormwater Map and all explanatory matter contained thereon accompanies and is
hereby made a part of this Ordinance. The Stormwater Map shall be kept on file by
the Stormwater Administrator and shall be updated to take into account changes in
the land area covered by this Ordinance and the geographic location of all structural
BMPs permitted under this Ordinance. In the event of a dispute, the applicability of
this Ordinance to a particular area of land or BMP shall be determined by reference to
the North Carolina Statutes, the North Carolina Administrative Code, and local
zoning and jurisdictional boundary ordinances.
19.5-5 Definitions. Definitions may be found in Article 3 "Definitions."
19.6 Interpretation
19.6-1 Meaning and Intent. All provisions, terms, phrases, and expressions contained in this
Ordinance shall be construed according to the general and specific purposes set forth
in Section 19.2, Purpose and Authority. If a different or more specific meaning is
given for a term defined elsewhere in the Town of Youngsville Development
Ordinance, the meaning and application of the term in this Ordinance shall control for
purposes of application of this Ordinance.
19.6-2 Text Controls in Event of Conflict. In the event of a conflict or inconsistency
between the text of this Ordinance and any heading, caption, figure, illustration, table,
or map, the text shall control.
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19.6-3 Authority for Interpretation. The Stormwater Administrator has authority to
determine the interpretation of this Ordinance. Any person may request an
interpretation by submitting a written request to the Stormwater Administrator, who
shall respond in writing within 30 days. The Stormwater Administrator shall keep on
file a record of all written interpretations of this Ordinance.
19.6-4 References to Statutes, Regulations, and Documents. Whenever reference is made to
a resolution, ordinance, statute, regulation, manual (including the Design Manuao, or
document, it shall be construed as a reference to the most recent edition of such that
has been finalized and published with due provision for notice and comment, unless
otherwise specifically stated.
19.6-5 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 the Town of Youngsville,
the deadline or required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the Town of Youngsville. References to days are
calendar days unless otherwise stated.
19.7 Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater Administrator
of Town of Youngsville may be carried out by his or her designee.
19.8 Usage
19.8-1 Mandatory and Discretionary Terms. The words "shall," "must," and "will" are
mandatory in nature, establishing an obligation or duty to comply with the particular
provision. The words "may" and "should" are permissive in nature.
19.8-2 Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items, conditions,
provisions and events apply. The word "or" indicates that one or more of the
connected items, conditions, provisions or events apply.
19.8-3 Tense, Plurals, and Gender. Words used in the present tense include the future tense.
Words used in the singular number include the plural number and the plural number
includes the singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
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19.9 Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot
or site. Lot area does not include those portions of a lot or tract of land lying within a
public street and/or roadway right-of-way existing upon the effective date of this
Ordinance.
19.10 Design Manual
19.10-1 References to Design Manual. The Stormwater Administrator shall use the
policy, criteria, and information, including technical specifications and standards, in
the most recent edition of the NC DWQ Stormwater BMP Manual (hereinafter
referred to as the Design Manual) as the basis for decisions about stormwater permits
and about the design, implementation and performance of structural and non-
structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Falls Rules.
19.10-2 Relationship of Design Manual to Other Laws and Regulations. If the
specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
19.10-3 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 this Ordinance
but prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this Ordinance with regard to the
application.
19.11 Relationship to Other Laws, Regulations and Private Agreements
19.11-1 Conflicts of laws. This Ordinance is not intended to modify or repeal any other
ordinance, rule, regulation or other provision of law. The requirements of this
Ordinance are in addition to the requirements of any other ordinance, rule, regulation
or other provision of law. Where any provision of this Ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher protective
standards for human or environmental health, safety, and welfare shall control.
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19.11-2 Private Agreements. This Ordinance is not intended to revoke or repeal any
easement, covenant, or other private agreement. However, where the regulations of
this Ordinance are more restrictive or impose higher standards or requirements than
such an easement, covenant, or other private agreement, the requirements of this
Ordinance shall govern. Nothing in this Ordinance shall modify or repeal any private
covenant or deed restriction, but such covenant or restriction shall not legitimize any
failure to comply with this Ordinance. In no case shall the Town of Youngsville be
obligated to enforce the provisions of any easements, covenants, or agreements
between private parties.
19.12 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
Article shall be adjudged invalid by a court of competent jurisdiction, such judgment
shall not affect or invalidate the remainder of any section, subsection, paragraph,
subdivision or clause of this Ordinance.
19.13 Effective Date and Transitional Provisions
19.13-1 Effective Date. This Article shall take effect on the same date as the larger
document, known as the Youngsville Development Ordinance, of which this Article
is a part, shall become effective.
19.13-2 Final Approvals. Complete Applications. All Development and Re -Development
projects for which complete and full applications were submitted and approved by the
Town of Youngsville prior to the effective date of this Ordinance and which remain
valid, unexpired, unrevoked and not otherwise terminated at the time of Development
or Re -Development shall be exempt from complying with all provisions of this
Ordinance dealing with the control and/or management of post -construction runoff,
but shall be required to comply with all other applicable provisions, including but not
limited to illicit discharge provisions.
A phased development plan shall be deemed approved prior to the effective date of
this Ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
(A.) For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and a
subdivision plan that has been approved.
(B.) For any subsequent phase of development, sufficient detail so that implementation of
the requirements of this Ordinance to that phase of development would require a
material change in that phase of the plan.
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19.13-3 Violations Continue. Any violation of provisions existing on the effective date of
this Ordinance shall continue to be a violation under this Ordinance and be subject to
penalties and enforcement under this Ordinance unless the use, Development,
construction, or other activity complies with the provisions of this Ordinance.
SECTION 2: ADMINISTRATION AND PROCEDURES
19.14 Review and Decision -Making Entities
19.14-1 Stormwater Administrator.
Stormwater Administrator shall be designated by the Town of Youngsville Board of
Commissioners to administer and enforce this Article. The minimum qualifications of the
Stormwater Administrator and/or designated individuals, performing services only in their
area of competence, who will be responsible for administering this ordinance and of
implementing the Town of Youngsville's Local Stormwater Program, including stormwater
plan review and BMP inspection are as follows:
(A) A person certified by the North Carolina Cooperative Extension Service to
approve stormwater management plans or to inspect BMPs
(B) Registered North Carolina Professional Engineers with stormwater experience
(C) Registered North Carolina Professional Surveyor, Landscape Architect, Soil
Scientist, or Aquatic Biologist.
19.14-2 Powers and Duties. In addition to the powers and duties that may be conferred by
other provisions of the Town of Youngsville 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 Board of
Commissioners on applications for Development or Re -Development approvals.
(D.) To enforce the provisions of this Ordinance in accordance with its enforcement
provisions.
(E.) To maintain records, maps, forms and other official materials as relate to the
adoption, amendment, enforcement, and administration of this Ordinance.
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(F.) To provide expertise and technical assistance to the Town Board of Commissioners,
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.
19.15 Review Procedures
19.15-1 Permit Required, Must Apply for Watershed Approval or Permit). An approved
Watershed Plan (which may be used interchangeably with the term "stormwater
permit" or "permit") is required for all development and re -development unless
exempt pursuant to this Ordinance. Approval may only be issued subsequent to a
properly submitted and reviewed permit application, or plan, pursuant to this section.
19.15-2 Effect of Permit. A stormwater permit shall govern the design, installation, and
construction of stormwater management and control practices on the site, including
structural BMPs and elements of site design for stormwater management other than
structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of stormwater
for the Development or Re -Development site consistent with the requirements of this
Ordinance, whether the approach consists of structural BMPs or other techniques
such as low -impact or low -density design. The permit does not continue in existence
indefinitely after the completion of the project; rather, compliance after project
construction is assured by the maintenance provisions of this Ordinance.
19.15-3 Authority to File Applications. All applications required pursuant to this Code
shall be submitted to the Stormwater Administrator by the land owner or the land
owner's duly authorized agent. An original signature of the property owner shall be
required on the cover sheet of the site plan submittal or application.
19.15-4 Application Contents and Form. The Stormwater Administrator shall establish
requirements for the content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post -development stormwater runoff will be
controlled and managed, the design of all stormwater facilities and practices, and how
the proposed project will meet the requirements of this Ordinance.
19.15-5 Submission Schedule. The Stormwater Administrator shall establish a submission
schedule for applications. The schedule shall establish deadlines by which complete
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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.
19.15-6 Review Fees. The Town Board of Commissioners shall establish review fees as
well as policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from time to time.
Administrative Manual. For applications required under this Article, the Stormwater
Administrator shall compile the application requirements, submission schedule, fee
schedule, a copy of this Ordinance, and information on how and where to obtain the
Design Manual in an Administrative Manual, which shall be made available to the public.
19.15-7 Submittal of Complete Application. Applications shall be submitted to the
Stormwater Administrator pursuant to the application submittal schedule in the form
established by the Stormwater Administrator, along with the appropriate fee
established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this Ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
19.15-8 Review. The Stormwater Administrator shall review the application and
determine whether the application complies with the standards of this Ordinance.
19.15-9 Approval. If the Stormwater Administrator finds that the application complies
with the standards of this Ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval as
needed to ensure compliance with this Ordinance. The conditions shall be included as
part of the approval.
19.15-10 Application 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.
19.15-11 Revision and Subsequent Review. A complete revised application shall be
reviewed by the Stormwater Administrator after its re -submittal and shall be
approved, approved with conditions, or disapproved.
If a revised application is not re -submitted within sixty (60) calendar days from the
date the applicant was notified, the application shall be considered withdrawn, and a
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new submittal for the same or substantially the same project shall be required along
with the appropriate fee for a new submittal.
Up to two (2) re -submittals of a revised application may be submitted without
payment of an additional permit review fee. Any re -submittal after the second re -
submittal shall be accompanied by an additional review fee, as established pursuant to
this Ordinance.
19.16 Applications for Approval
19.16-1 Concept Plan and Consultation Meeting. Before a stormwater management
permit application is deemed complete, the Stormwater Administrator or developer
may request a consultation on a concept plan for the post -construction stormwater
management system to be utilized in the proposed Development project. This
consultation meeting should take place at the time of the preliminary plan/plat of
subdivision or other early step in the Development process. The purpose of this
meeting is to discuss the post -construction stormwater management measures
necessary for the proposed project, as well as to discuss and assess constraints,
opportunities and potential approaches to stormwater management designs before
formal site design engineering is commenced. Local watershed plans, the Town of
Youngsville Development Ordinance, "2040 Comprehensive Land Use & Master
Plan" as amended from time to time, and other relevant resource protection plans
should be consulted in the discussion of the concept plan. Fees for such a meeting
may be required.
To accomplish this goal, the following information should be included in the concept
plan, which should be submitted in advance of the meeting.
19.16-2 Conditions / Proposed Site Plans. Existing conditions and proposed site layout
sketch plans, which illustrate at a minimum: existing and proposed topography;
perennial and intermittent streams; mapping of predominant soils from soil surveys
(if available); boundaries of existing predominant vegetation; proposed limits of
clearing and grading; and location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
19.16-3 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
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for Development and stormwater management.
19.16-4 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.
19.16-5 Stormwater Management Permit Application. The stormwater management
permit application shall detail how post -Development stormwater runoff will be
controlled and managed and how the proposed project will meet the requirements of
this Ordinance, including "Section 3, Standards". All such plans shall be prepared by
a qualified registered North Carolina professional engineer, surveyor, or landscape
architect, and the engineer, surveyor, or landscape architect shall perform services
only in their area of competence, and shall verify that the design of all stormwater
management facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to comply with applicable
standards and policies found in the Design Manual, and that the designs and plans
ensure compliance with this Ordinance. 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 19.15-10
(Application Fails to Comply).
19.16-6 As -Built Plans and Final Approval. Upon completion of a project, and before a
certificate of occupancy shall be granted, the applicant shall certify that the completed
project is in accordance with the approved stormwater management plans and
designs, and shall submit actual "as built" plans for all stormwater management
facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of all
measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built stormwater
measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this Ordinance. A final
inspection and approval by the Stormwater Administrator shall occur before the
release of any performance securities.
19.16-7 Other Permits. No certificate of compliance or occupancy shall be issued by the
Town of Youngsville or Franklin County without final as -built plans and a final
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inspection and approval by the Stormwater Administrator, except where multiple
units are served by the stormwater practice or facilities, in which case the Town of
Youngsville or Franklin County may elect to withhold a percentage of permits or
certificates of occupancy until as -built plans are submitted and final inspection and
approval has occurred.
19.16-8 Plans Required for Buffer Encroachments. Site plans, prepared by a licensed
professional engineer, professional land surveyor, or landscape architect are required
to be submitted to the Town of Youngsville prior to any encroachment into a required
buffer. Fees may apply to such a review by the Town of Youngsville.
19.17 Approvals
19.17-1 Effect of Approval. Approval authorizes the applicant to go forward with only
the specific plans and activities authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable approvals from
local, state, and federal authorities.
19.17-2 Time Limit/Expiration/Extension. An approved plan shall become null and void
if the applicant fails to make substantial progress (i.e. building permits must be open
and active) 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.
19.18 Appeals
19.18-1 Filing of Appeal and Procedures. Appeals shall be taken within 30 days by filing
a notice of appeal and specifying the grounds for appeal on forms provided by the
Town of Youngsville. The Stormwater Administrator shall transmit to the Board of
Adjustment all documents constituting the record on which the decision appealed
from was taken. The hearing conducted by the Board of Adjustment shall be
conducted in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence.
19.18-2 Review by Superior Court. Every decision of the Board of Adjustment shall be
subject to Superior Court review by proceedings in the nature of certiorari. Petition
for review by the Superior Court shall be filed with the Clerk of Superior Court
within thirty (30) days after the latter of the following:
(A.) The decision of the Board of Adjustment is filed; or
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(B.) A written copy of the decision is delivered to every aggrieved party who has filed a
written request for such copy with the Chair of the Board of Adjustment at the time of
its hearing of the case.
SECTION 3: STANDARDS
19.19 General Standards
All development and redevelopment to which this ordinance applies shall comply with
the standards of this section. 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.
NITROGEN AND PHOSPHORUS LOADING
(a) Nitrogen and phosphorus loads contributed by the proposed new
development shall not exceed the following unit -area mass loading rates: 2.2 and
0.33 pounds per acre per year for nitrogen and phosphorus, respectively.
(b) Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this
ordinance that would replace or expand existing structures or improvements and
would result in a net increase in built -upon area shall have the option of either
meeting the loading standards identified in subsection (a) or meeting a loading
rate that achieves the following nutrient loads compared to the existing
development: 40 percent and 77 percent reduction for nitrogen and phosphorus,
respectively.
(c) The developer shall determine the need for engineered stormwater
controls to meet these loading rate targets by using the approved accounting tool.
NITROGEN AND PHOSPHORUS STANDARD IS SUPPLEMENTAL
The nitrogen and phosphorus loading standards in this ordinance are supplemental to, not
replacements for, stormwater standards otherwise required by federal, state or local law,
including without limitation any riparian buffer requirements applicable to the location of
the development. This includes, without limitation, the riparian buffer protection
requirements of 15A NCAC 213.0233 and .0242.
Youngsville Development Ordinance - Article 19 — Page 14

CONTROL AND TREATMENT OF RUNOFF VOLUME
Stormwater systems shall be designed to control and treat the runoff generated from all
surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to
standards specific to each practice as provided in the Design Manual. To ensure that the
integrity and nutrient processing functions of receiving waters and associated riparian
buffers are not compromised by erosive flows, stormwater flows from the development
shall not contribute to degradation of waters of the State. At a minimum, the development
shall not result in a net increase in peak flow leaving the site from pre -development
conditions for the one-year, 24-hour storm event.
PARTIAL OFFSET OF NUTRIENT CONTROL REQUIREMENTS
Development subject to this ordinance shall attain nitrogen and phosphorus loading rate
reductions on -site that meet the following criteria prior to using an offsite offset measure:
1. 30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing one half acre but less than one acre.
2. 50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than one acre.
3. 30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi -family residential,
commercial and industrial development disturbing 12,000 square feet but less
than one acre.
4. 50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi -family residential,
commercial and industrial development disturbing more than one acre.
5. 30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for proposed redevelopment activities in a designated
downtown area that would replace or expand structures or improvements that
existed as of December 2006.
A developer subject to this Ordinance may either achieve the additional reductions in
nitrogen and phosphorus loading required by this Article by making offset payments to
the NC Ecosystem Enhancement Program contingent upon acceptance of payments by
that Program, or may use an offset option provided by the Town of Youngsville. A
Youngsville Development Ordinance - Article 19 — Page 15

developer may propose other offset measures to the Town of Youngsville, including
providing his or her own offsite offset or utilizing a private seller. All offset measures
permitted by this ordinance shall meet the requirements of 15A NCAC 02B .0282 and
15A NCAC 02B .0240.
19.20 Standards for Stormwater Control Measures
19.20-1 Evaluation According to Contents of Design Manual. All stormwater control
measures and stormwater treatment practices (also referred to as Best Management
Practices, or BMPs) required under this Ordinance shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and information,
including technical specifications and standards and the specific design criteria for
each stormwater practice, in the Design Manual. The Stormwater Administrator shall
determine whether proposed BMPs will be adequate to meet the requirements of this
Ordinance.
Youngsville Development Ordinance - Article 19 — Page 16

19.20-2 Determination of Adequacy; Presumptions and Alternatives. Stormwater
treatment practices that are designed, constructed, and maintained in accordance with
the criteria and specifications in the Design Manual will be presumed to meet the
minimum water quality and quantity performance standards of this Ordinance.
Whenever an applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the Design Manual,
the applicant shall have the burden of demonstrating that the practice(s) will satisfy
the minimum water quality and quantity performance standards of this Ordinance.
The Stormwater Administrator may require the applicant to provide the
documentation, calculations, and examples necessary for the Stormwater
Administrator to determine whether such an affirmative showing is made.
19.20-3 Nitrogen and Phosphorus loading
(A)Nitrogen and phosphorus loads contributed by the proposed new development
shall not exceed the following unit -area mass loading rates: 2.2 and 0.33 pounds per
acre per year for nitrogen and phosphorus, respectively.
(B) Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this ordinance
that would replace or expand existing structures or improvements and would result in
a net increase in built -upon area shall have the option of either meeting the loading
standards identified in subsection (a) or meeting a loading rate that achieves the
following nutrient loads compared to the existing development: 40 percent and 77
percent reduction for nitrogen and phosphorus, respectively.
(C) The developer shall determine the need for engineered stormwater controls to
meet these loading rate targets by using the approved Falls Rules accounting tool.
Youngsville Development Ordinance - Article 19 — Page 17

19.20-4 NITROGEN AND PHOSPHORUS STANDARD IS SUPPLEMENTAL
The nitrogen and phosphorus loading standards in this ordinance are supplemental to, not
replacements for, stormwater standards otherwise required by federal, state or local law,
including without limitation any riparian buffer requirements applicable to the location of the
development. This includes, without limitation, the riparian buffer protection requirements of
15A NCAC 213.0233 and .0242.
19.20-5 CONTROL AND TREATMENT OF RUNOFF VOLUME
Stormwater systems shall be designed to control and treat the runoff generated from all
surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to
standards specific to each practice as provided in the Design Manual. To ensure that the
integrity and nutrient processing functions of receiving waters and associated riparian buffers
are not compromised by erosive flows, stormwater flows from the development shall not
contribute to degradation of waters of the State. At a minimum, the development shall not
result in a net increase in peak flow leaving the site from pre -development conditions for the
one-year, 24-hour storm event.
19.20-6 PARTIAL OFFSET OF NUTRIENT CONTROL REQUIREMENTS
Development subject to this ordinance shall attain nitrogen and phosphorus loading rate
reductions on -site that meet the following criteria prior to using an offsite offset measure:
1. 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated
conditions for any single-family, detached and duplex residential development disturbing one
half acre but less than one acre.
2. 50 percent or more reduction in both nitrogen and phosphorus loading from the untreated
conditions for any single-family, detached and duplex residential development disturbing
more than one acre.
3. 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated
condition for other development, including multi -family residential, commercial and
industrial development disturbing 12,000 square feet but less than one acre.
4. 50 percent or more reduction in both nitrogen and phosphorus loading from the untreated
condition for other development, including multi -family residential, commercial and
industrial development disturbing more than one acre.
5. 30 percent or more reduction in both nitrogen and phosphorus loading from the untreated
condition for proposed redevelopment activities in a designated downtown area that would
replace or expand structures or improvements that existed as of December 2006.
Youngsville Development Ordinance - Article 19 — Page 18

A developer subject to this ordinance may achieve the additional reductions in nitrogen and
phosphorus loading required by this ordinance by making offset payments to the NC
Ecosystem Enhancement Program contingent upon acceptance of payments by that Program.
A developer may use the offset option provided by the Town of Youngsville in Section 19.21
of this article. A developer may propose other offset measures to the Town of Youngsville,
including providing his or her own offsite offset or utilizing a private seller. All offset
measures permitted by this ordinance shall meet the requirements of 15A NCAC 02B .0282
and 15A NCAC 02B .0240.
19.20-7 Surface Water Buffers.
Perennial and Intermittent Surface Water Buffers Required: A surface water buffer shall be
maintained with a minimum width as specified in Table 19.20-9 (Surface Water Buffers)
below and measured landward from the normal pool elevation of water supply impoundment
and from the bank of each side of perennial and intermittent streams, lakes and ponds. These
waters are indicated on the most recent version of either the United States Geological Survey
1:24,000 scale (7.5 minute quadrangle) topographic maps or the Soil Survey maps developed
by the USDA Natural Resource Conservation Service. In addition, other site specific
evidence may indicate to the NC Division of Water Quality the presence of waters not shown
correctly on either of these two maps. Where these two maps show waters where no actual
stream or waterbody exists, or where waters exist that are not shown on these maps, a
developer may submit site -specific evidence in support of such claim to the Planning, Zoning
& Subdivision Administrator. If the Committee determines that a discrepancy exists, the
evidence may be submitted to the NC Division of Water Quality for a determination in water
supply watersheds. For streams in non -water supply watersheds, the Committee will use the
maps referenced above or a classification study in accordance with the U.S Army Corps of
Engineers or the N.C. Division of Water Quality methodology to determine stream
classification. All surface water buffers shall be depicted as provided for in the stormwater
guidelines for water quality and flood control.
Youngsville Development Ordinance - Article 19 — Page 19

Tahl e 19 20-9
Surface Water Buffers
15A NCAC 02B .0233 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS
MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING
RIPARIAN BUFFERS
Classification
Required Buffer
Perennial Surface Waters
50 feet
(Streams, Lakes, and
Zone 1
Zone 2
Ponds)
30 Feet
20 Feet
Intermittent Surface Waters
50 Feet
(Streams, Lakes and Ponds)
Zone 1
Zone 2
30 Feet
20 Feet
Buffer Zones: Under 15A NCAC 02B .0233, required surface water buffers consist of
two zones as shown in Table 19.20-9. Zone 1 shall be the first 30 feet landward from the
top of the stream bank or mean high water line of other water bodies. Zone 2 shall begin
at the outer edge of Zone 1 and extend landward a minimum of 20 feet. Zones 1 shall be
undisturbed except as designated in 15A NCAC 02B .0233 of the State's Rules on
Riparian Buffers. Zone 2 may be "maintained" but only if the landowner has obtained
proper permits from NC DENR.
(A.) Channelization: Channelization of perennial or intermittent streams shall be
prohibited, except for access crossings, erosion control devices and runoff control
devices.
(B.) New Lots in the Surface Water Buffer: No new single-family or two-family
residential lots shall be created which are entirely or partly contained within the
surface water buffer.
(C.) Removing vegetation in Buffers: Removal of trees, shrubs, or other vegetation from
required undisturbed buffers may result in a Notice of Violation. This violation need
not occur in conjunction solely with new development. Encroachment, unless
Youngsville Development Ordinance - Article 19 — Page 20

approved by the Town of Youngsville, the US Army Corp of Engineers, the
NCDENR Division of Water Quality, or any combination of these entities, shall be
deemed a violation of this Ordinance. Violators are required to reestablish trees,
shrubs, and vegetation as required by the Town of Youngsville. Trees and shrubs
shall be replanted at the rate of 320 stems per acre. If disturbed areas were previously
grassed areas, those areas may be reestablished with grass. Guidelines for
reestablishment of riparian buffers may be obtained from NCDENR Division of
Water Quality.
19.21 Regional Stormwater Control
19.21-1 Participation in a Regional Stormwater Control Program
(A.) Public Regional Stormwater Control Program:
(1.) Where a regional stormwater control program has been established by one or
more local governments, or by an authority operating on behalf of one or more
local governments, a development shall participate in said program in lieu of
certification of stormwater control required by this Article, provided that:
(a.) The development is within an area covered by a public regional stormwater
control program;
(b) Stormwater from the development drains to an existing or funded public
regional engineered stormwater control structure (BMP) which is proposed to
be built and is part of said program;
(c) Participation is in the form of contribution of funds, contribution of land,
contribution of engineered stormwater control structure (BMP) construction
work, or a combination of these, the total value of which shall be in
accordance with a fee schedule adopted by the Town or in accordance with an
intergovernmental agreement; and
(d) The Planning, Zoning & Subdivision Administrator finds that the watershed
development plan is in compliance with all other applicable requirements of
this Ordinance.
(2.) Developments participating in a public regional stormwater control program are
required to maintain pre -development hydrology at the project site.
(3.) Use of Contributions: Each contribution from a development participating in a
public regional engineered stormwater control structure (BMP) program shall be
used for acquisition, engineering, construction and/or maintenance of one or more
such structures in the same water supply watershed in which development lies.
The use of contributions for these purposes does not preclude the use or
imposition of other revenue sources for these purposes.
(B.) Private Regional Stormwater Control Program:
Youngsville Development Ordinance - Article 19 — Page 21

(1.) Where Permitted: Participation in a private regional engineered stormwater
control program is permitted where a private off -site stormwater control program
(BMP) has been established by one or more property owners and approved by the
Planning, Zoning & Subdivision Administrator. A development may participate in
said program in lieu of any certification of runoff control required by this Article,
provided that:
(a.) The development is within an area covered by an off -site engineered
stormwater control structure;
(b) Runoff from the development drains to an existing engineered stormwater
control structure;
(c.) The parties agree to share the cost of any required maintenance and/or
construction;
(d) The agreement runs with the property;
(e.) The agreement is recorded with the county Register of Deeds in accordance
with this Article;
(f) The Stormwater Administrator finds that the watershed development plan is in
compliance with all other applicable requirements of this Ordinance.
(2.) Developments participating in a private regional stormwater control program are
required to maintain pre -development hydrology at the project site.
19.22 Variances and Modifications
19.22-1 Watershed Variances
(A.) Any person may petition the Town of Youngsville for a variance granting
permission to use the person's land in a manner otherwise prohibited by this
Ordinance. To qualify for a variance, the petitioner must show all of the following:
(1.) Unnecessary hardships would result from strict application of this Ordinance.
(2.) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(3.) The hardships did not result from actions taken by the petitioner.
(4.) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance; will secure public safety and welfare; and will preserve substantial
justice.
(B.) The Town of Youngsville may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C.) Minor Variances.
The Planning, Zoning & Subdivision Administrator (PZ&SD) shall review and decide
Youngsville Development Ordinance - Article 19 — Page 22

requests for minor variances to the standards and restrictions pertaining to Watershed
Protection. In order to approve a requested minor variance, the Planning, Zoning &
Subdivision Administrator shall make findings of fact showing that:
(1.) There are practical difficulties or unnecessary hardships that would result from
carrying out the strict letter of this Ordinance;
(2.) The variance is in harmony with the general purpose and intent of this Ordinance
and preserves its spirit; and
(3.) The granting of the variance assures the public safety and welfare and does
substantial justice.
The Planning, Zoning & Subdivision Administrator may attach conditions to the
minor variance approval that support the purpose of this Ordinance. In addition, in the
case of water supply watersheds, the Town shall notify and allow a reasonable
comment period for all other local governments having jurisdiction in the applicable
designated watershed and the entity using the water supply for consumption where
the minor variance is being considered.
(D.) Major Variances.
Requests for major variances to the standards and restrictions pertaining to Article 19
(Watershed Protection) shall be to the N.C. Environmental Management Commission
(EMC), following review and favorable recommendation by Town Board of
Commissioners and after review and recommendation by the Planning, Zoning &
Subdivision Administrator in accordance with the procedure set forth above. The
major variance request shall be forwarded to the EMC with a report containing the
findings of fact for Town Board of Commissioners' favorable recommendation,
conclusions of law, a recommended decision, recommended conditions and a record
of the Board of Commissioners' hearing of the request. Requests for major variances
that do not receive a favorable recommendation shall be deemed denied and shall not
be forwarded to the EMC.
(E.) Annual Report of Watershed Variances. The Stormwater Administrator shall keep a
record of all watershed variances and this record shall be submitted for each calendar
year to the North Carolina Division of Water Quality in accordance with Section
19.22, Watershed Variances and Modifications.
(F.) Conditions. In approving a watershed variance, the Planning, Zoning & Subdivision
Administrator may prescribe such reasonable and appropriate conditions and
safeguards as will assure that the use of the property will be compatible with
surrounding properties and will not alter the essential character of the neighborhood.
Violations of conditions and safeguards that are part of the terms of a variance shall
be deemed a violation of this Ordinance.
Youngsville Development Ordinance - Article 19 — Page 23

(G.) Appeals. Appeals may be made pursuant to Section 19.18, Appeals.
(H.) Duration. An approved watershed variance is part of an approved plan and shall
have the same duration as the plan approval.
SECTION 4: MAINTENANCE
19.23 General Standards for Maintenance
(A.) Function of BMPs As Intended.
The owner of each structural BMP installed pursuant to this Ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural BMP
was designed.
(B.) Annual Maintenance Inspection and Report.
Generally, the Town of Youngsville will make an annual inspection of structural
BMP's to ensure compliance with this Ordinance. However, some existing BMP's
are not accessible by the Town of Youngsville. In this case, the person responsible
for maintenance of any structural BMP installed pursuant to this Ordinance may be
required to submit to the Stormwater Administrator an inspection report from one of
the following persons performing services only in their area of competence: a
qualified registered North Carolina professional engineer, surveyor, landscape
architect, soil scientist, aquatic biologist, or person certified by the North Carolina
Cooperative Extension Service for stormwater treatment practice inspection and
maintenance. The inspection report shall contain all of the following.
(1.) The name and address of the land owner;
(2.) The recorded book and page number of the lot of each structural BMP;
(3.) A statement that an inspection was made of all structural BMPs;
(4.) The date the inspection was made;
(5.) A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this Ordinance; and
(6.) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certification.
Youngsville Development Ordinance - Article 19 — Page 24

19.24 Operation and Maintenance Agreement
(A.) In General.
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this Ordinance, and prior to issuance of any permit for
Development or Re -Development requiring a structural BMP pursuant to this
Ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the site,
portions of the site, and lots or parcels served by the structural BMP. Until the
transference of all property, sites, or lots served by the structural BMP, the original
owner or applicant shall have primary responsibility for carrying out the provisions of
the maintenance agreement. Agreements made for the purpose of assigning
responsibility for operations and maintenance to anyone other than the original
applicant and/or owner shall be three party agreements requiring the approval by the
Town of Youngsville prior to assignment. Assignment of responsibilities without
prior approval are a violation of this Ordinance and shall be deemed null and void for
the purposes of the requirements of this Ordinance, unless authorized and executed by
the Town of Youngsville.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to the Town of Youngsville 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 Youngsville to
assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval. A copy
of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation.
(B.) Special Requirement for Homeowners' and Other Associations.
For all structural BMPs required pursuant to this Ordinance and that are to be or are
owned and maintained by a homeowners' association (HOA), property owners'
association (POA), or similar entity, the required operation and maintenance
agreement shall include all of the following provisions.
Youngsville Development Ordinance - Article 19 — Page 25

(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
Youngsville, in its sole discretion, may remedy the situation, and in such
instances the Town of Youngsville 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 Youngsville shall first consent
to the expenditure.
(3.) The Town of Youngsville requires that both developer contribution and annual
membership funds fund the escrow account. Prior to plat recordation or issuance
of construction permits, whichever shall first occur, the developer shall pay into
the escrow account an amount equal to fifteen (15%) per cent of the initial
construction cost of the structural BMPs, based on a cost estimate from a
professional engineer (signed and sealed by the engineer). Two-thirds (2/3) of the
total amount of 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 calculated to meet
these funding thresholds shall be deposited each year into the escrow account. A
portion of the annual membership 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 fund budget.
(4) The percent of developer contribution and lengths of time to fund the escrow
account may be varied by the engineer's cost estimate, depending on the design
and materials of the stormwater control and management facility.
(5.) Granting to the Town of Youngsville a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6.) Allowing the Town of Youngsville to recover from the association and its
members any and all costs the Town of Youngsville expends to maintain or repair
the structural BMPs or to correct any operational deficiencies. Failure to pay the
Town of Youngsville all of its expended costs, after forty-five days written notice,
shall constitute a breach of the agreement. In case of a deficiency, the Town of
Youngsville shall thereafter be entitled to bring an action against the association
and its members to pay. Failure to pay shall be a lien against the real property
upon which the cost was incurred, which lien shall be filed, have the same
priority, and be collected as the lien for special assessment provided in Article 10
Youngsville Development Ordinance - Article 19 — Page 26

of Chapter 160A of the General Statutes of North Carolina.
(7.) A statement that this agreement shall not obligate the Town of Youngsville to
maintain or repair any structural BMPs, and the Town of Youngsville 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 Youngsville to enforce any of its ordinances as
authorized by law.
(9.) A provision indemnifying and holding harmless the Town of Youngsville for any
costs and injuries arising from or related to the structural BMP, unless the Town
of Youngsville 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.
(10.) HOA and POA documents shall also address how the required buffers shall be
maintained and preserved.
19.24-1 Inspection Program.
Inspections and inspection programs by the Town of Youngsville 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.
The Town of Youngsville reserves the right to require owners to hire a registered
professional engineer licensed to practice in the state of North Carolina for the purposes
of inspecting devices in the event that the Town of Youngsville cannot access the BMP
or for the purposes of certified sediment levels, soil medium efficiency, or other
requirements to ensure that the BMP is operating as designed.
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 NCGS 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.
19.24-2 Performance Security for Installation and Maintenance
The Town of Youngsville may, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable legal
arrangement prior to issuance of a permit in order to ensure that the structural BMPs are:
(A.) installed by the permit holder as required by the approved stormwater management
Youngsville Development Ordinance - Article 19 — Page 27

plan, and/or
(B.) maintained by the owner as required by the operation and maintenance agreement.
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus a contingency amount to
be determined by the Town of Youngsville, not to exceed 150% of the total project cost.
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 costs 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. This estimate shall be based on a cost estimate prepared (and
signed and sealed) by a professional engineer licensed to operate in North Carolina.
The performance security shall contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to initiate or maintain any actions
which may be required of the applicant or owner in accordance with this Ordinance,
approvals issued pursuant to this Ordinance, or an operation and maintenance agreement
established pursuant to this Ordinance.
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 Town of Youngsville shall not return any of the
unused deposited cash funds or other security, which shall be retained for maintenance.
If the Town of Youngsville takes action upon such failure by the applicant or owner, the
Town of Youngsville 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.
Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus
% contingency) of ongoing construction associated with the BMPs covered by the
security (i.e.- Landscaping). Any such ongoing construction or landscaping shall be
inspected within six (6) months after installation for compliance with the approved plans
and specifications and, if in compliance, the portion of the financial security attributable
to landscaping shall be released.
Youngsville Development Ordinance - Article 19 — Page 28

19.24-3 Notice to Owners
The applicable operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable), pertaining
to every structural BMP and required buffers shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance, whichever
is applicable, shall be recorded with the county Register of Deeds so as to appear in the
chain of title of all subsequent purchasers under generally accepted searching principles.
19.24-4 Records of Installation and Maintenance Activities.
The owner of each structural BMP should 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.
19.24-5 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.
19.24-6 Maintenance Easement
Every structural BMP installed pursuant to this Ordinance shall be made accessible for
adequate maintenance and repair by an access easement. The easement shall be recorded
on a final plat at the Franklin County Register of Deeds.
SECTION 5: ENFORCEMENT AND VIOLATIONS
19.25 General
(A.) Authority to Enforce.
The provisions of this Ordinance shall be enforced by the Stormwater Administrator,
his or her designee, or any authorized agent of the Town of Youngsville. Whenever
this section refers to the Stormwater Administrator, it includes his or her designee as
well as any authorized agent of the Town of Youngsville.
(B.) Violation Unlawful.
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this Ordinance, or the terms or conditions of any permit or
other Development or Re -Development approval or authorization granted pursuant to
Youngsville Development Ordinance - Article 19 — Page 29

this Ordinance, is unlawful and shall constitute a violation of this Ordinance.
(C.) Each Day a Separate Offense.
Each day that a violation continues shall constitute a separate and distinct violation or
offense.
(D.) Responsible Persons/Entities.
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this Ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this section.
Persons subject to the remedies and penalties set forth herein may include any
architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that results in
or constitutes a violation of this Ordinance, or fails to take appropriate action, so that
a violation of this Ordinance results or persists; or an owner, any tenant or occupant,
or any other person, who has control over, or responsibility for, the use or
Development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited
to:
(1.) Person Maintaining Condition Resulting In or Constituting Violation.
An architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
constitutes a violation of this Ordinance, or fails to take appropriate action, so that
a violation of this Ordinance results or persists.
(2.) Responsibility for Land or Use of Land.
The owner of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwater controls or practices
pursuant to a private agreement or public document, or any person, who has
control over, or responsibility for, the use, Development or Re -Development of the
property.
19.25-1 Remedies and Civil Penalties.
The remedies and penalties provided for violations of this Ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law,
and may be exercised in any order.
(A.) Remedies
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(L) Withholding of Certificate of Occupancy.
The Stormwater Administrator or other authorized agent shall withhold a
certificate of occupancy (CO) for the building or other improvements constructed
or being constructed on the site and served by the stormwater practices in
question until the applicant or other responsible person has taken the remedial
measures set forth in the notice of violation or has otherwise cured the violations
described therein.
(2.) Disapproval of Subsequent Permits and Development Approvals.
As long as a violation of this Ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent shall withhold, and the Town
of Youngsville Planning Board, Town Board of Commissioners, and/or PZ&SD
may disapprove, any request for permit or Development approval or authorization
provided for by this Ordinance or the Town of Youngsville Development
Ordinance for the land on which the violation occurs.
(3.) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Town Board
of Commissioners, may institute an action in a court of competent jurisdiction for
a mandatory or prohibitory injunction and order of abatement to correct a
violation of this Ordinance. Any person violating this Ordinance shall be subject
to the full range of equitable remedies provided in the General Statutes or at
common law.
(4.) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. §
160A-193, the Stormwater Administrator, with the authorization of the Town
Board of Commissioners, may cause the violation to be corrected and the costs to
be assessed as a lien against the property.
(5.) Stop Work Order.
The Stormwater Administrator may issue a stop work order to the person(s)
violating this Ordinance. The stop work or "notice of violation" order shall
remain in effect until the person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations described
therein. The stop work order may be withdrawn or modified to enable the person
to take the necessary remedial measures to cure such violation or violations.
(B.) Civil Penalties
Violations of this Ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
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which the Town of Youngsville is subject for violations of its Phase II Stormwater
permit, or if no Phase II Stormwater permit exists for the jurisdiction, civil penalties
may be assessed up to the full amount allowed by law.
19.25-2 Procedures.
(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 complaint shall be
investigated promptly by the Stormwater Administrator, Public Works Engineer,
and/or by the Zoning Enforcement Officer.
(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 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 and/or other person violating this Ordinance. The
notification shall indicate the nature of the violation, contain the address or other
description of the site upon which the violation is occurring, order the necessary
action to abate the violation, and give a deadline for correcting the violation. If
civil penalties are to be assessed, the notice of violation shall also contain a
statement of the civil penalties to be assessed, the time of their accrual, and the
time within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally; by the Zoning Enforcement Officer; by first class mail; by
certified or registered mail with 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, Public Works Engineer, and/or by
the Zoning Enforcement Officer 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
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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, Public Works Engineer, and/or by the Zoning Enforcement Officer
may extend the time limit as is reasonably necessary to allow timely correction of
the violation, up to, but not exceeding 180 days. The Stormwater Administrator,
Public Works Engineer, and/or by the Zoning Enforcement Officer may grant 30-
day extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of
the person violating this Ordinance. The Stormwater Administrator, Public Works
Engineer, and/or by the Zoning Enforcement Officer 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, Public Works Engineer, and/or by
the Zoning Enforcement Officer, the Stormwater Administrator, Public Works
Engineer, and/or by the Zoning Enforcement Officer shall determine if the
violation is corrected. If the violation is not corrected, the Stormwater
Administrator, Public Works Engineer, and/or by the Zoning Enforcement Officer
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, Public Works Engineer,
and/or by the Zoning Enforcement Officer may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator, Public Works Engineer, and/or by the Zoning
Enforcement Officer may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
Youngsville Development Ordinance - Article 19 — Page 33

SECTION 6: ILLICIT DISCHARGES
Illicit Discharges and Connections, Spills and Nuisance
The federal EPA Phase II rule specifies that local communities shall prohibit any discharge to a
municipal separate storm sewer system (MS4) unless it:
-consists of a discharge pursuant to an NPDES permit; or
-consists of a discharge from firefighting activities; or
-consists of a discharge in any of the following categories, and the operator of the small MS4 has
not identified that category as a significant contributor of pollutants to its small MS4: Water line
flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated
ground water infiltration (as defined at 40 CFR 35.2005(20)); uncontaminated pumped ground
water; discharges from potable water sources; foundation drains; air conditioning condensation;
irrigation water; springs; water from crawl space pumps; footing drains; lawn watering;
individual residential car washing; flows from riparian habitats and wetlands; dechlorinated
and/or salivated swimming pool discharges; and street wash water.
19.25-3 Illicit Discharges.
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon
the land in manner and amount that the substance is likely to reach a stormwater
conveyance or the waters of the State, any liquid, solid, gas, or other substance, other
than stormwater; provided that non-stormwater discharges associated with the
following activities are allowed and provided that they do not significantly impact
water quality.
(1.) Water line flushing;
(2.) Landscape irrigation;
(3.) Diverted stream flows;
(4.) Rising ground waters;
(5.) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6.) Uncontaminated pumped ground water;
(7.) Discharges from potable water sources;
(8.) Foundation drains;
(9.) Air conditioning condensation;
(10.) Irrigation water;
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(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 Youngsville.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
19.25-4 Illicit Connections
(L) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in
subsection (A) above, are unlawful. Prohibited connections include, but are not
limited to: floor drains, waste water from washing machines or sanitary sewers,
wash water from commercial vehicle washing or steam cleaning, and waste water
from septic systems.
(2.) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this Ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3.) Where it is determined that said connection:
(a.) May result in the discharge of hazardous materials or may pose an immediate
threat to health and safety, or is likely to result in immediate injury and harm
to real or personal property, natural resources, wildlife, or habitat, or
(b) The Stormwater Administrator shall designate the time within which the
connection shall be removed. In setting the time limit for compliance, the
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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.
19.25-5 Spills.
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained,
controlled, collected, and properly disposed. All affected areas shall be restored to their
preexisting condition.
Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were released or
discharged, shall immediately notify the Town of Youngsville Public Works Engineer,
Town Board of Commissioners, or Fire Department 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.
19.25-6 Nuisance.
Illicit discharges and illicit connections which exist within the Town of Youngsville
and/or its extraterritorial planning jurisdiction are hereby found, deemed, and declared to
be dangerous or prejudiced to the public health or public safety and are found, deemed,
and declared to be public nuisances. Such public nuisances shall be abated in accordance
with the procedures set forth in this Ordinance, the Town of Youngsville Development
Ordinance, the General Codes of the Town of Youngsville, or any other applicable laws,
rules, or regulations.
19.26 Additional Standards for Special Situations
19.26-1 Pet Waste.
(A.) Pets At Large Prohibited
It shall be unlawful for the owner of any pet to allow the animal to be off the premises
of his owner in the Town of Youngsville.
(B.) Restrictions on Pet Waste
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(1.) It shall be unlawful for the owner or custodian of any pet to take it off the
owner's own property limits without the means to properly remove and dispose of
the pet's feces from any public or private property.
(2.) It is the responsibility of a pet's owner or custodian to clean up the pet's feces
from any public or private property outside of the pet's owner's own property
limits. Such property includes, but is not limited to, parks, rights -of -way, paths,
and public access areas.
(3.) "Means to properly remove and dispose of feces" shall consist of having on or
near one's person a device such as a plastic bag, or other suitable plastic or paper
container, that can be used to clean up and contain pet waste until it can be
disposed of in an appropriate container. Such a device must be produced and
shown, upon request, to anyone authorized to enforce these ordinances.
(4.) This provision shall not apply to handicapped persons assisted by trained guide or
assistance pets.
(5.) "Public nuisance" is defined to include "a pet which deposits feces on public
property or on private property without the consent of the owner or person in
lawful possession of the private property, and the person owning, possessing,
harboring or having the care, charge, control or custody of the pet fails to remove
the feces so deposited. Provided, however, this definition shall not apply to any
pet assisting a handicapped person.
19.26-2 Onsite Wastewater Septic Systems.
(A.) Standards for Operation and Maintenance
Onsite systems for domestic wastewater covered by this Ordinance shall be operated
and maintained so as to avoid adverse effects on surface water and groundwater,
including eutrophication of surface water and microbial or nitrate contamination of
groundwater. Septic tank residuals shall be pumped whenever necessary to assure the
proper operation of the system to meet these standards, and the septage shall be
reused or disposed of in a manner that does not present significant risks to human
health, surface water or groundwater.
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