WSMU_CREE_WSWP Ordinance_20200824

ARTICLE 19
Watershed Protection Ordinance
[Amended November 20, 2018 per Ord. 2018-0-09, ZTA-2018-05]
SECTION 1: GENERAL PROVISIONS
19.1 Title
This Ordinance shall be officially known as "The Creedmoor Watershed Protection Ordinance", but it may also
be referred to as "The Stormwater Ordinance" and may be 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 City of Creedmoor and its extraterritorial jurisdiction, regardless of whether the property is currently being
'developed' or not.
The City Board of Commissioners of the City of Creedmoor 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, §160A-185; and 15A NCAC 02B .0275 through 15A
NCAC 026 .0235 and .0315.
19.3 Findings
It is hereby determined that:
19.3-1 Development and Re -Development permanently alter the hydrologic response of local watersheds
and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as reducing
groundwater recharge;
19.3-2 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; and
19.3-3 These effects can be managed and minimized by applying appropriate design of Stormwater Control
Measures (SCMs) and well -planned controls to manage stormwater runoff and associated nutrients
from Development sites.
19.3-4 Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal NPDES
Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission (EMC) promulgated in response to Federal NPDES Phase II permit
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 a nutrient management strategy (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 and existing development in this jurisdiction;
19.3-5 Therefore, the City of Creedmoor City 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 new 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 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 runoff quantity and quality;
19.4-4 Establishing design and review criteria for the construction, function, and use of structural
stormwater Stormwater Control Measures (SCMs) also known as Best Management Practices (BMPs)
that may be used to meet the minimum post -Development stormwater management standards;
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 Control Measures (SCMs) 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.
19.4-5 Coordinating site design plans that include open space and natural areas with the City of Creedmoor
Development Ordinance and the Comprehensive Land Development Plan, and any other plans as
adopted by the City of Creedmoor.
19.4-9 Controlling illicit discharges into the municipal separate stormwater system (MS4).
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 City of Creedmoor 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. No subdivision of land shall be filed or recorded by
the Register of Deeds until the plat has been approved in accordance with the provisions of this
Article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the
recording of such a plat would be in conflict with this Article.
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 development and redevelopment that cumulatively disturbs
less than one half (1/2) 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.
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
Lake Watershed Stormwater Map of the City of Creedmoor, 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 SCMs
permitted under this Ordinance. In the event of a dispute, the applicability of this Ordinance to a
particular area of land or SCM 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."
19.5-6 ESTABLISHMENT OF WATERSHED AREAS. For purposes of this article, the City and its extraterritorial
jurisdiction are hereby divided into the following areas, as appropriate:
WS-II-C (Critical Area)
WS-II-NSW (Nutrient Sensitive Waters)
WS-IV-NSW (Nutrient Sensitive Waters)
19.5-7 WATERSHED AREAS DESCRIBED.
A. WS-II Watershed Areas — Critical Area (WS-II-C-NSW)
Low Density Option — In order to maintain a predominantly undeveloped land use intensity
pattern, all residential and non-residential development shall be allowed at a maximum of six
percent (6%) built -upon area.
High Density Option — All residential and non-residential development shall not exceed
twenty-four percent (24%) built -upon area.
B. WS-II Watershed Areas — Balance of Watershed (WS-II-NSW)
Low Density Option — In order to maintain a predominantly undeveloped land use intensity
pattern, all residential and non-residential development shall be allowed at a maximum of
twelve percent (12%) built -upon area.
High Density Option —All residential and non-residential development shall not exceed thirty-
six percent (36%) built -upon area.
C. WS-IV Watershed Areas — Balance of Watershed (WS-IV-NSW)
Low Density Option — In order to maintain a predominantly moderate to high land use
intensity pattern, all residential and non-residential development shall be allowed at a
maximum of twenty-four percent (24%) built -upon area.
High Density Option — All residential and non-residential development shall not exceed
seventy percent (70%) built -upon area.
19.5-8 CALCULATION OF PROJECT DENSITY. The following requirements shall apply to the calculation of
project density:
A. Project density for new development shall be calculated as the total built -upon area divided by
the total project area.
B. A project involving existing development shall have the option of calculating project density as
the difference of total built -upon area minus existing built -upon area divided by the difference
of total project area minus existing built -upon area.
19.5-9 LOW DENSITY DESIGN STANDARDS. Low density projects shall meet the following minimum design
criteria:
A. Density Thresholds. Low density projects shall not exceed the low density development

thresholds set forth in this Article.
B. Dispersed Flow. Projects shall be designed to maximize diffuse dispersed flow through vegetated
areas and minimize channelization of flow;
C. Vegetated Conveyances: Stormwater that cannot be released as diffuse dispersed flow shall be
transported by vegetated conveyances. A minimal amount of non -vegetated conveyances for
erosion protection or piping for driveways or culverts under a road shall be allowed when it
cannot be avoided. Vegetated conveyances shall meet the following requirements:
1. Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to
the Stormwater Administrator that the soils and vegetation will remain stable in perpetuity
based on engineering calculations and on -site soil investigation.
2. The conveyance shall be designed so that it does not erode during the peak flow from the
10-year storm as demonstrated by engineering calculations.
D. Curb Outlet Systems. Low density projects may use curb and gutter with outlets to convey
stormwater to grassed swales or vegetated areas. Requirements for these curb outlet systems
are as follows:
1. The curb outlets shall be designed such that the swale or vegetated area can carry the peak
flow from the 10-year storm at a non -erosive velocity;
2. The longitudinal slope of the swale or vegetated area shall not exceed five percent (5%),
where practicable. Where not practical due to physical constraints, devices to slow the rate
of runoff and encourage infiltration to reduce pollutant delivery shall be provided;
3. The swale's cross-section shall be trapezoidal with a minimum bottom width of two feet;
4. The side slopes of the swale or vegetated area shall be no steeper than 3:1 (horizontal to
vertical);
5. The minimum length of the swale or vegetated area shall be 100 feet; and
6. Low density projects may use treatment swales designed pursuant to 15A NCAC 02H .1061
in lieu of the requirements specified in Part (1) through (5).
19.5-10 High Density Design Standards. High density projects are projects that exceed low density
development thresholds as defined in this Article. High density projects shall meet the following
minimum design criteria:
A. Treatment Requirements. SCMs 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 2H .1002.
B. Off site stormwater. Stormwater runoff from offsite and existing development that predates the
effective date of the adoption of the Falls Rules (July 1, 2012) is not required to be treated in the
SCM. Runoff from offsite areas or existing development that is not bypassed shall be included
in the sizing of onsite SCMs at full build out potential.
C. Offsite SCM. A project that is part of a larger common plan of development or sale that controls
runoff through an offsite SCM shall be reviewed on a case by case basis by the Stormwater
Administrator in order to determine if the offsite device meets the provisions of this Article.
D. Replacement and expansion of Existing Development. Expansions to existing development shall
be subject to this Article. Where there is a net increase built -upon area, only the area of net
increase shall be subject to this Article. Where existing development is being replaced with new
built -upon area, and there is an increase of built -upon area, only the area of net increase shall
be subject to this Article.
E. Minimum Design Criteria (MDC) for Stormwater Control Measures (SCMs). SCMs shall meet all
relevant MDC set forth in 15A NCAC 2H .1050 through .1062 except in accordance to either a
minor watershed variance, granted by the Board of Adjustment following procedures found in
Article 6 (Variances and Administrative Appeal), or a major watershed variance granted by the
NC Environmental Management Commission.
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
City of Creedmoor 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.
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 NC Department of Environmental
Quality Stormwater 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.
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 City of Creedmoor, 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 Creedmoor. 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 City of Creedmoor
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.
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
Department of Environmental Quality Stormwater Design Manual (hereinafter referred to as the
Stormwater Design Manual) as the basis for decisions about stormwater permits and about the
design, implementation and performance of structural and non-structural stormwater SCMs.
The Stormwater Design Manual includes a list of acceptable stormwater control measures, including
specific minimum 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 Lake Nutrient
Management Strategy (the Falls Rules).

19.10-2 RELATIONSHIP OF STORMWATER DESIGN MANUAL TO OTHER LAWS AND REGULATIONS. If the
specifications or guidelines of the Stormwater 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 Stormwater Design Manual.
19.10-3 CHANGES TO STANDARDS AND SPECIFICATIONS. If the standards, specifications, guidelines, policies,
criteria, or other information in the Stormwater 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.
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 City of Creedmoor 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 Creedmoor 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 City of Creedmoor 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.
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.
19.14-2 Stormwater Administrator shall be designated by the City of Creedmoor Board of Commissioners to
administer and enforce this Article. POWERS AND DUTIES. In addition to the powers and duties that
may be conferred by other provisions of the City of Creedmoor 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 and the NC Department of Environmental Quality Stormwater
Design Manual.
B. To make determinations and render interpretations of this Ordinance that are consistent with
the NC Department of Environmental Quality Stormwater Design Manual, the North Carolina
General Statutes, and any other applicable law, as may be amended from time to time.
C. To receive and review for completeness permit and appeal applications pursuant to this
Ordinance, provided that no application(s) shall be accepted later than two (2) weeks prior to
the date on which such application(s) are to be reviewed for approval.
D. To review and make recommendations to the City Board of Commissioners on applications for
Development or Re -Development approvals.
E. To enforce the provisions of this Ordinance in accordance with its enforcement provisions.
F. To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this Ordinance.
G. To provide expertise and technical assistance to the City Board of Commissioners, upon request.
H. To designate appropriate other person(s) who shall carry out the powers and duties of the
Stormwater Administrator.
I. To take any other action necessary to administer the provisions of this Ordinance.
Notwithstanding the foregoing, the Stormwater Administrator shall exercise all powers and duties
delegated to the Stormwater Administrator in a manner consistent with the provisions of this Ordinance,
the NC Department of Environmental Quality Stormwater Design Manual, the North Carolina General
Statutes, and any other applicable local, state, or federal law.
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 Stormwater Control
Measures (SCMs) also known as Best Management Practices (BMPs) and elements of site design for
stormwater management other than structural devices.
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 SCMs 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 or the owner's duly authorized agent 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. No application(s) shall be accepted later than two (2) weeks prior to the date on which
such application(s) are to be reviewed for approval.
19.15-6 REVIEW FEES. The City 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 NC DEQ Stormwater 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 a complete application pursuant
to this Ordinance, along with the appropriate fee, is delivered to the Stormwater Administrator by
the deadline established by the submission schedule detailed above. 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.
19.15-5 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 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 shall 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 shall take place prior to or
at the time of the initial sketch plan submittal for 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 City of Creedmoor
Development Ordinance, any adopted comprehensive land use 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 shall 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; 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 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; any proposed 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 found in the NCDEQ
Stormwater 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 City of Creedmoor
or Granville County without final as -built plans and a final inspection and approval by the Stormwater
Administrator, except where multiple units are served by the stormwater practice or facilities, in
which case the City of Creedmoor or Granville 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, as well as letters of approval for 401
buffer encroachments approved by NCDEQ and accompanying 404 approvals by the US Army Corps
of Engineers (if applicable) are required to be submitted to the City of Creedmoor prior to any
encroachment into a required riparian buffer. Fees may apply to such a review by the City of
Creedmoor.
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.
19.18 Appeals
19.18-1 FILING OF APPEAL AND PROCEDURES. Appeals of decisions by the Stormwater Administrator shall
be made to the Board of Adjustment and shall be taken within 30 days by filing a notice of appeal
with the Stormwater Administrator and specifying the grounds for appeal on forms provided by the
City of Creedmoor. 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
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 NCDEQ-approved Stormwater Nutrient Accounting Tool (SNAP).
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.
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 NCDEQ Stormwater 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
City of Creedmoor. A developer may propose other offset measures to the City of Creedmoor, 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 commonly 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 Stormwater Design Manual. The
Stormwater Administrator shall determine whether proposed SCMs will be adequate to meet the
requirements of this Ordinance.
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 Stormwater Design Manual shall 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 Stormwater 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 as well as the requirements of the Falls Lake Nutrient Management
Strategy (aka the Falls Rules) and all other applicable environmental regulations. The Stormwater
Administrator shall 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.
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 Stormwater 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.
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 utilizing a private NCDEQ approved nutrient offset mitigation bank.
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 Resources
Conservation Service (NRCS). In addition, other site specific evidence may indicate to the NC
Department of Environmental Quality -Division of Water Resources (NCDEQ-DWR) 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 NCDEQ-DWR for a
determination of the presence and location of waters of the State, including streams.
Table 19.20-9
Surface Water Buffers
15A NCACO2B.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 Ponds)
Zone 1
Zone 2
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 approved by the City of Creedmoor, the US Army Corp of Engineers,
the NCDEQ-DWR, 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 NCDEQ-DWR.
Guidelines for reestablishment of riparian buffers may be obtained from NCDEQ-DWR.
19.21 RESERVED.
19.22 Variances and Modifications
19.22-1 WATERSHED VARIANCES
A. Minor Variances.
The Board of Adjustment shall review and decide requests for minor variances to the standards
and restrictions pertaining to Watershed Protection. Procedures for minor watershed variances
are set forth in Article 6.1, Variances.
B. 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 City Board of Adjustments in accordance
with the procedure set forth in Article 6.1. The major variance request shall be forwarded to the
EMC with a report containing the findings of fact for City Board of Adjustment's favorable
recommendation, conclusions of law, a recommended decision, recommended conditions and
a record of the Board of Adjustment's 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.
C. 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 Resources in accordance with Section 19.22, Watershed Variances
and Modifications.
D. Conditions. In approving a minor watershed variance, the Board of Adjustment 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.
E. Appeals. Appeals may be made pursuant to Section 19.18-2, Review by Superior Court.
F. Duration. An approved minor 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 SCMs as Intended.
The owner of each structural SCM installed pursuant to this Ordinance shall maintain and operate it so as
to preserve and continue its function in controlling stormwater quality and quantity at the degree or
amount of function for which the structural BMP was designed.
B. Annual Maintenance Inspection and Report.

The person responsible for ownership and maintenance of any structural SCM installed pursuant to this
Ordinance shall be required to submit to the Stormwater Administrator an annual 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 SCM;
3. A statement that an inspection was made of all structural SCMs;
4. The date the inspection was made;
5. A statement that all inspected structural SCMs 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 July 1 of the year of as -
built certification and each year thereafter on or before July 1.
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 SCM pursuant to
this Ordinance, and prior to issuance of any permit for Development or Re -Development requiring a
structural SCM 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 SCM. Until the transference of all property, sites, or lots served
by the structural SCM, 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 City of Creedmoor 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.
The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if
necessary, reconstruct the structural SCM, and shall state the terms, conditions, and schedule of
maintenance for the structural SCM. In addition, it shall grant to the City of Creedmoor 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 SCM; however, in no case shall the right of entry, of
itself, confer an obligation on the City of Creedmoor to assume responsibility for the structural SCM.
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.
Special Requirement for Homeowners' and Other Associations.
For all structural SCMs 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.
1. Acknowledgment that the association and its heirs, successors, or assigns shall continuously operate
and maintain the stormwater control and management facilities for a period of not less than 30 years.
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 SCMs are not performing adequately or as intended or are not properly maintained, the City
of Creedmoor, in its sole discretion, may remedy the situation, and in such instances the City of
Creedmoor 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 SCMs, provided that the City of Creedmoor shall first consent to the

expenditure.
3. The City of Creedmoor requires that both developer contribution and annual membership funds fund
the escrow account. Prior to final plat recordation, the developer shall pay into the escrow account an
amount equal to fifteen (15%) per cent of the initial construction cost of the structural SCMs, 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 City of Creedmoor a right of entry to inspect, monitor, maintain, repair, and reconstruct
structural SCMs.
6. Allowing the City of Creedmoor to recover from the association and its members any and all costs the
City of Creedmoor expends to maintain or repair the structural SCMs or to correct any operational
deficiencies. Failure to pay the City of Creedmoor all of its expended costs, after forty-five days' written
notice, shall constitute a breach of the agreement. In case of a deficiency, the City of Creedmoor 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 of Chapter
160A of the General Statutes of North Carolina.
7. A statement that this agreement shall not obligate the City of Creedmoor to maintain or repair any
structural SCMs, and the City of Creedmoor shall not be liable to any person for the condition or
operation of structural SCMs.
S. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City of
Creedmoor to enforce any of its ordinances as authorized by law.
9. A provision indemnifying and holding harmless the City of Creedmoor for any costs and injuries arising
from or related to the structural SCM, unless the City of Creedmoor has agreed in writing to assume
the maintenance responsibility for the SCM 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 City of Creedmoor shall 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 SCMs; and evaluating the condition of SCMs.
The City of Creedmoor 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 City of Creedmoor cannot access the SCM or for the purposes of certified sediment levels,
soil medium efficiency, or other requirements to ensure that the SCM 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 City of Creedmoor 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 SCMs are:
A. Installed by the permit holder as required by the approved stormwater management plan,
and/or
B. Maintained by the owner as required by the operation and maintenance agreement.
The amount of an installation performance security shall be the total estimated construction
cost of the SCMs approved under the permit, plus a contingency amount to be determined by
the City of Creedmoor, not to exceed 125% of the total project cost.
The amount of a maintenance performance surety 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 SCMs 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 surety 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 SCM 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 Creedmoor shall not return any of the unused deposited cash funds or other security,
which shall be retained for maintenance.
If the City of Creedmoor takes action upon such failure by the applicant or owner, the City of
Creedmoor 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 SCMs covered by the surety (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 surety attributable to landscaping shall be released.
19.24-3 NOTICE TO OWNERS
The applicable operations and maintenance agreement, or conservation easement pertaining to
every structural SCM and required buffers shall be referenced on the final plat and shall be recorded
with the county Register of Deeds upon final plat approval.
19.24-4 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES.
The owner of each structural SCM 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.
19.24-5 NUISANCE.
The owner of each stormwater SCM, whether structural or non-structural SCM, shall maintain it so
as not to create or result in a nuisance condition.
19.24-6 MAINTENANCE EASEMENT
Every structural SCM 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 Granville 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 City of Creedmoor. Whenever this Section refers to the Stormwater
Administrator, it includes his or her designee as well as any authorized agent of the City of Creedmoor.
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 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, SCM, 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 of record, 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 civil penalties provided for violations of this Ordinance shall be cumulative and in
addition to any other remedy provided by law, and may be exercised in any order.
A. Remedies
1. Withholding of Certificate of Occupancy.
The Stormwater Administrator or other authorized agent shall withhold final approval of
stormwater permit and/or any signatures required for the developer or builder to obtain a
certificate of occupancy (CO) from Granville County Building Inspections 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 City of Creedmoor Planning
Board, and/or the City Board of Commissioners, may disapprove, any request for permit or
Development approval or authorization provided for by this Ordinance or the City of
Creedmoor Development Ordinance for the land on which the violation occurs.

3. Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the City 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 City 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 which the City of Creedmoor is subject for violations of its NPDES
Phase II Stormwater permit or otherwise 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 and/or the Public
Works Director.
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,
the provision of this Ordinance violated, 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 and/or the Public Works Director may take appropriate action
under this Ordinance to correct and abate the violation and to ensure compliance with this
Ordinance.
4. Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on
which the violation occurs, may submit to the Stormwater Administrator a written request for
an extension of time for correction of the violation. Upon a written request by the person
violating this Ordinance, the Stormwater Administrator shall grant one (1) extension of time, not
to exceed sixty (60) days, within which the violator must bring the violation into compliance. At
any time thereafter and before the expiration of time to correct the violation, the violator may
submit a written request for one (1) additional thirty (30)-day extension. Such request for
additional extension shall be granted if the violator's written request sufficiently demonstrates
that the violation cannot be corrected within the permitted time due to circumstances beyond
the violator's control. The Stormwater Administrator may grant an extension only by written
notice of extension. The notice of extension shall state the date prior to which correction must
be made, after which the violator will be subject to the penalties described in the notice of
violation and correction order.
5. Enforcement After Time to Correct.
After the time has expired to correct a violation, including any extension(s) authorized by the
Stormwater Administrator, the Administrator and/or the Public Works Director shall determine
if the violation is corrected. If the violation is not corrected, the Stormwater Administrator shall
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 and/or the Public Works Director may order the immediate cessation
of a violation. Any person so ordered shall cease any violation immediately. The Stormwater
Administrator and/or Public Works Director may seek immediate enforcement, without prior
written notice, through any remedy or penalty authorized by this Article or by law.
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 salinated 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;
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 City of Creedmoor.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste, paints,
garbage, and litter.
19.25-4 ILLICIT CONNECTIONS
1. Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in subsection (A) above, are
unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from
washing machines or sanitary sewers, wash water from commercial vehicle washing or steam
cleaning, and waste water from septic systems.
2. Where such connections exist in violation of this section and said connections were made prior
to the adoption of this provision or any other ordinance prohibiting such connections, the
property owner or the person using said connection shall remove the connection within one
year following the effective date of this Ordinance. However, the one-year grace period shall
not apply to connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to result in
immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
3. Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat, or
b. The Stormwater Administrator shall designate the time within which the connection shall
be removed. In setting the time limit for compliance, the Stormwater Administrator shall
take into consideration:
i. The quantity and complexity of the work,
ii. The consequences of delay,
iii. The potential harm to the environment, to the public health, and to public and private
property, and
iv. The cost of remedying the damage.

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 City of Creedmoor Public Works Director, City 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 City of Creedmoor 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 City of Creedmoor Development Ordinance, the General Codes of the City of
Creedmoor, or any other applicable laws, rules, or regulations.
19.26 Additional Standards for Special Situations
19.26-1 PET WASTE.
A. Restrictions on Pet Waste
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.