03_Ordinance 17-1054 Stormwater Management

Ordinance 17-1054
Chapter 32 - STORMWATER MANAGEMENT
ARTICLE I. - IN GENERAL
Sec. 32-1. - Title.
Town of Carolina Beach
Town Council
This chapter shall be known as "The Phase II Stormwater Management Ordinance of the Town of
Carolina Beach, North Carolina."
(Code 1986, § 16-171; Ord. No. 09-780, 5-12-2009)
Sec. 32-2. - Findings and purpose.
It is hereby determined that:
(1) Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint
and point source pollution, and sediment transport and deposition, as well as reducing
groundwater recharge;
(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
(3) These effects can be managed and minimized by applying proper design and well -planned BMPs
to manage stormwater runoff from development sites.
(4) Further, the Federal Water Pollution Control Act of 1972 (Clean Water Act) and federal phase II
stormwater rules promulgated under it, as well as rules of the state environmental management
commission promulgated in response to federal phase II requirements, compel certain urbanized
areas, including this jurisdiction, to adopt minimum stormwater design standards such as those
included in this chapter.
(5) Therefore, the town 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.
(6) The purpose of this chapter is to protect and promote the public health, safety and general
welfare, and to safeguard the natural resources of the town by regulating stormwater runoff and
illicit discharges into municipal stormwater systems. This is accomplished by requiring permits for
and imposing conditions and requirements upon development activities, and by establishing
procedures upon development activities, and by establishing procedures by which these
requirements and conditions are to be administered and enforced.
(7) The impacts of stormwater cannot be addressed solely through best management practices on
individual properties. The town has a role in management of stormwater through the planning,
construction, operation and maintenance of BMPs to reduce the adverse effects of stormwater.
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(Code 1986, § 16-172; Ord. No. 09-780, 5-12-2009)
Sec. 32-3. - Design manual.
(a) The Town Manager or his designee shall use the policy, criteria, and information, including technical
specifications and standards, in the state division of water quality best management practices manual
(design manual) as the basis for decisions about stormwater permits and about the design,
implementation and performance of structural and nonstructural stormwater BMPs.
(b) The design manual includes a list of acceptable stormwater BMPs, including specific design criteria
for each stormwater BMP. Stormwater BMPs that are designed, constructed, and maintained in
accordance with these design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
(c) The current version of the design manual at the time of original permit application shall be used to
determine design specifications for all submittals and minor revisions to approved plans subsequent
to the original application for each development project. All major modifications to approved plans,
including redevelopment projects, shall be subject to current design specifications and criteria as of
the date of request for modification or redevelopment application unless otherwise agreed to, in writing,
by the Town Manager or his designee .
(Code 1986, § 16-173; Ord. No. 09-780, 5-12-2009)
Sec. 32-4. - Applicability of this chapter.
(a) Except as otherwise provided herein, the provisions of this chapter shall apply to each of the following:
(1) Beginning with and subsequent to the effective date of the ordinance from which this chapter is
derived, the provisions of this chapter shall be applicable to all development activity including, but
not limited to, site plan applications, building permit applications, subdivision applications, and
grading applications, unless otherwise specifically listed.
(2) Exemptions.
a. Thresholds. Development that cumulatively disturbs less than ten thousand (10,000)
square feet of land and is not part of a larger common plan of development or sale is
exempt from the provisions of this chapter.
Redevelopment that results in no net increase in built -upon area and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this chapter.
Development and redevelopment that disturb less than the stated area threshold are
not exempt if such activities are part of a larger common plan of development or sale
that exceeds the area threshold, even though multiple, separate or distinct activities
take place at different times on different schedules.
(3) All new major subdivisions as defined in section 22-20.
(b) In applying the provisions of this chapter, the cumulative area of the proposed development activity
and all development activity on a site within a two-year period immediately preceding the date of
application for a stormwater discharge permit shall be considered together.
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(c) Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this chapter.
(d) The provisions of this chapter shall apply within the areas designated on the map titled "Phase II
Stormwater Map of The Town of Carolina Beach, North Carolina" ("the stormwater map"), which is
adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon
accompany and are hereby made a part of this chapter.
(e) The stormwater map shall be kept on file by the Town Manager or his designee and shall be updated
to take into account changes in the land area covered by this chapter and the geographic location of
all structural BMPs permitted under this chapter. In the event of a dispute, the applicability of this
chapter to a particular area of land or BMP shall be determined by reference to the state statutes, the
state administrative code, and local zoning and jurisdictional boundary ordinances.
(Code 1986, § 16-174; Ord. No. 09-780, 5-12-2009)
Sec. 32-5. - Definitions.
For the purpose of this chapter, and any rules or regulations established hereunder, the definitions
published in 15A NCAC 02H.1002 and G.S. 143-212 and 143-213 shall be used when not in conflict with
the definitions set out below. The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Applicant means an owner or developer of a site who executes the forms required for the obtaining of
a stormwater discharge permit pursuant to this chapter.
Authorized registered professional means a professional engineer, registered land surveyor,
landscape architect or other professional registered, licensed or certified pursuant to the North Carolina
General Statutes and authorized by law to prepare the plans and specifications and provide the
certifications required by the various provisions of this chapter.
Best management practice (BMP) means a structural or nonstructural stormwater management based
practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to
achieve water quality protection goals.
Built upon area (BUA) means the portion of developed land which is covered by impervious, or partially
impervious cover including but not limited to buildings, pavement, gravel, and parking areas. (Note: Wooden
slatted decks shall not constitute built upon area so long as adequate spacing is provided between the
wood slats to allow for rainwater to drain through the slats. A portion of pervious pavement area shall be
considered impervious as defined in the design manual.)
Clearing means any activity which removes the vegetative ground cover.
Common plan of development means any contiguous land area or parcel where multiple land
disturbing activities may be taking place simultaneously or in separate phases, under one proposed plan,
master plan, plat, permit application, unit development, development district, or advertisement.
Detention means the storage, and possible treatment, of stormwater runoff with subsequent discharge
to surface waters.
Developed land means parcels altered from a natural state by construction or installation of impervious
surfaces. For new construction, parcels shall be considered developed upon final approval of the site
improvements by the town.
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Developer means a person undertaking any or all the activities covered by this chapter, or for whose
benefit such activities are commenced or carried on. General contractors or subcontractors, or both, without
a proprietary interest in a project are not included within this definition.
Development means any project resulting in the construction, replacement or alteration of impervious
surface on a given property.
Equivalent residential unit (ERU) means 2,000 square feet of impervious surface.
Erosion means the process by which the ground surface is worn by the action of wind, water, ice or
gravity.
Expansion means the replacement of pervious land area with the addition of new buildings, structures,
parking lots, or any other new impervious surfaces on a site currently meeting the definition of developed
land. Construction of any new impervious surface on an area previously pervious area within a parcel which
does not meet the definition of redevelopment, in whole or in part, as defined in this section shall be
considered as expansion.
Facility means a stormwater management facility, and shall include all land, materials, and
appurtenances used in construction and operation of said facility. Facilities include, but are not necessarily
limited to, retention ponds, detention ponds, open and closed systems, etc.
Fill means any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any
similar material is deposited, placed, pushed, pulled or transported.
Floodplain means any land susceptible to being inundated by water from any source.
Grading means any act causing disturbance of the earth. This shall include but is not limited to any
excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any
combination of such.
Illicit discharge means any discharge to a town separate storm sewer that is not composed entirely of
stormwater except discharge pursuant to a NPDES permit (other than the NPDES permit for discharge from
the town separate storm sewer) and discharges resulting from firefighter activities.
Impervious means the condition of being impenetrable by water. Impervious surface area includes,
but is not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and
recreation facilities such as tennis courts. The term "impervious area" does not include a wooden slatted
deck, or the water area of a swimming pool.
Land disturbing activity means any earth movement and land use changes which may result in soil
erosion.
National Pollutant Discharge Elimination System (NPDES) means a permitting system established by
Section 402 of the Clean Water Act. NPDES permits are issued by the state for discharges directly to the
surface waters of the state.
Nonerosive velocity means the velocity of flowing water which will not cause erosion, siltation or
scouring within a drainageway. Calculations to determine velocity shall take into account the physical
conditions of the drainageway, including but not limited to, shape, slope, surface condition and contributing
watershed.
Non -single-family residential use means any land use other than single-family residential, except for
undeveloped land.
Off -site facility, with respect to any particular property, means a stormwater BMP serving said property
but not located on said property.
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On -site facility, with respect to any particular property, means a stormwater BMP serving the subject
property and located thereon.
One-year, 24-hour storm event means 4.05 inches of rainfall within a 24-hour period.
Owner means the owner or owners of a site on which land disturbing activity is, will, or has been done.
Permit means either a stormwater discharge, building, erosion and sedimentation control, or
subdivision development construction permit, as may be appropriate within the context of the specific
provision of this chapter.
Permittee means any person to whom a stormwater discharge, building, or subdivision development
construction permit is issued pursuant to this chapter.
Person means any individual, corporation, partnership, joint venture, agency, unincorporated
association, municipal corporation, county, state, or federal agency or any combination thereof.
Permeable pavement means paving material that absorbs water or allows water to infiltrate through
the paving material to natural soil below. Permeable pavement materials include porous concrete,
permeable interlocking concrete pavers, concrete grid pavers, porous asphalt, and any other material with
similar characteristics. Compacted gravel shall not be considered permeable pavement.
Pervious means ground that permits penetration of water, opposite of impervious.
Predevelopment state means a site in its natural condition prior to any development activity.
Private facility/BMP means any stormwater facility or BMP not owned and operated by the town.
Public facility means any stormwater BMP owned and operated by the town, the state, a government
agency, or a federal agency.
Redevelopment means the alteration or replacement of impervious area on a site which meets the
definition of "developed land," as described above, not to include interior remodeling or interior
modifications which do not include substantial structural modifications to the facility.
Retention means the storage, and possible treatment, of stormwater runoff without subsequent
discharge to surface waters.
Sediment means soil transported or deposited by the action of erosion or artificial means.
Single-family residential use means one structure on one parcel containing only one house unit, to
include attached garages, and any other structures that may be on the lot to include sheds, car ports, slabs
of concretes, etc.
Site means that portion of land, lot or parcel of land, or combination of contiguous lots or parcels of
land upon which grading or other land disturbing activity is to be performed.
Soil means any earth, sand, gravel, rock or other similar material.
Standards and specifications means those standards and specifications relating to stormwater
management that may now or hereafter be established.
Stormwater discharge permit means the permit issued by the town authorizing stormwater discharge
activities in accordance with this chapter and applicable ordinances and regulations.
Stormwater management means:
(1) For quantitative control, a system of vegetative and structural measures which control the
increased volume and rate of surface runoff caused by manmade changes to the land and have
the effect of maintaining the pedevelopment patterns of flood magnitude and frequency;
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(2) For qualitative control, a system of vegetative, structural, and other measures which control or
treat pollutants carried by surface runoff.
Stormwater management plan means a plan designed to minimize erosion, prevent off -site
sedimentation, treat stormwater runoff, and control stormwater, submitted as a prerequisite to obtaining a
stormwater discharge permit. The plan shall be prepared and designed in accordance with this chapter,
town regulations, and applicable state laws and regulations, including applicable standards and
specifications.
Stormwater system means all manmade structures or natural features within the town that serve to
provide for conveyance of runoff water resulting from natural storm events. Components of the stormwater
system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs, culverts,
manholes, inlet structures, and tidal gates.
Substantial progress means a level of accomplishment or work on a project, or development, which
produces measurable and verifiable evidence that the owner or permit holder is in the process of completing
all work specifically shown on the approved plans for the development activity for which the permit was
issued.
Ten-year frequency storm event means a ten percent annual chance storm of a 24-hour duration or
an intensity based on the time of concentration determined based on watershed conditions.
Town Manager means the Town Manager of the Town of Carolina Beach or the Town Manager's
authorized representative.
Undeveloped land means land that does not meet the definition of developed land.
Vegetated conveyance means any drainageway, conveyance, swale, ditch, channel or stream with a
surface consisting of, and able to support the growth of grass or other natural vegetative ground cover
capable of protecting the conveyance from erosion, siltation and scour. Certain temporary and flexible liners
may be used to provide additional protection against erosion, siltation and scour provided that the liner does
not restrict the infiltration of water into the natural soil material or create impervious surface within the
drainageway.
Watercourse or drainageway means any natural or artificial watercourse, including, but not limited to:
streams, rivers, creeks, ponds, lakes, ditches, channels, canals, conduits, culverts, drains, waterways,
gullies, ravines, or washes in which waters flow in a definite direction or course, either continuously or
intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow
or floodwater.
Wetlands (404 wetlands) means those areas defined by the U.S. Army Corps of Engineers as
jurisdictional 404 wetlands.
(Code 1986, § 16-175; Ord. No. 09-780, 5-12-2009)
Sec. 32-6. - Interpretation.
(a) In interpreting and applying this chapter, the requirements contained herein are declared to be
minimum requirements which are imposed and are to be conformed to, and are in addition to, and not
in lieu of, all other legal requirements, and shall be liberally construed to accomplish the purposes set
forth herein.
(b) This chapter shall not be deemed to interfere with, abrogate, annul, or otherwise affect in any manner
whatsoever any ordinance, rules, regulations, permits, easements, covenants, or other agreements
between parties; provided, however, that where this chapter imposes greater restrictions and controls
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with respect to stormwater management than are imposed or required by other ordinances, rules,
regulations, permits, easements, covenants, or agreements between parties, the provisions of this
chapter shall prevail.
(c) Where multiple regulations, ordinances or rules are present for any given project requiring a permit
under this chapter, the more restrictive rule shall apply unless otherwise determined by the Town
Manager or his designee.
(Code 1986, § 16-176; Ord. No. 09-780, 5-12-2009)
Sec. 32-7. - Administration.
(a) The Town Manager or his designee is hereby authorized and directed to administer the provisions of
this chapter, and shall have such other powers and perform such other duties as are set forth in other
sections of this chapter and as may be conferred or imposed from time to time.
(b) The Town Manager or his designee is hereby authorized to establish regulations and guidelines, by
whatever title, for the implementation of the provisions of this chapter, including but not limited to
establishing specific requirements and standards which shall govern land disturbing activities and the
utilization and implementation of stormwater BMPs, inspections and enforcement. Said regulations
shall become effective upon their approval by the town council.
(c) The Town Manager or his designee shall also have the following powers under this chapter:
(1) For those applications to be reviewed by the town, to review and approve, approve with
conditions, or disapprove applications for approval of plans pursuant to this chapter.
(2) To make determinations and render interpretations of this chapter.
(3) To establish application requirements and schedules for submittal and review of applications and
appeals, to review and make recommendations to town council on applications for development
or redevelopment approvals.
(4) To enforce the provisions of this chapter in accordance with its enforcement provisions.
(5) To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this chapter.
(6) To provide expertise and technical assistance to the town council, upon request.
(7) To designate appropriate other person(s) who shall carry out the powers and duties of the Town
Manager or his designee.
(8) To take any other action necessary to administer the provisions of this chapter.
(Code 1986, § 16-177; Ord. No. 09-780, 5-12-2009)
Sec. 32-8. - Effective date and transitional provisions.
(a) Effective date. This chapter shall take effect on May 12, 2009.
(b) Final approvals; complete applications. All development and redevelopment projects for which
complete and full applications were submitted to the state or the town prior to the effective date of the
ordinance from which this chapter is derived and which remain valid, unexpired, unrevoked and not
otherwise terminated at the time of development or redevelopment shall be exempt from complying
with all provisions of this chapter dealing with the vegetated buffers and/or management of post -
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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 the ordinance from which this chapter is derived if a complete application has
been received by the state division of water quality or the town, and it remains valid, unexpired,
unrevoked and not otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of use for a specific parcel or
parcels, including at a minimum, the boundaries of the project and a subdivision plan that has
been approved.
(2) For any subsequent phase of development, sufficient detail so that implementation of the
requirements of this chapter to that phase of development would require a material change in that
phase of the plan.
(c) Violations continue. Any violation of provisions existing on the effective date of the ordinance from
which this chapter is derived shall continue to be a violation under this chapter and be subject to
penalties and enforcement under this chapter unless the use, development, construction, or other
activity complies with the provisions of this chapter.
(Code 1986, § 16-178; Ord. No. 09-780, 5-12-2009)
Sec. 32-9. - Delegation of reviewing agency.
All applications for stormwater management permits shall be submitted to the Town Manager or his
designee for review. The Town Manager or his designee reserves the right to delegate review of submitted
stormwater plans to a designated reviewing authority or third party contractor at any time. All application
packages shall conform to the design standards listed in this chapter unless otherwise agreed to in writing
by the applicant, Town Manager or his designee, and other affected departments or agencies.
(Code 1986, § 16-179; Ord. No. 09-780, 5-12-2009)
Secs. 32-10-32-34. - Reserved.
ARTICLE II. - STORMWATER DISCHARGE PERMIT
Sec. 32-35. - Required.
No owner or developer of a site shall commence any of the development activities defined in section
32-5 without obtaining a stormwater discharge permit pursuant to the provisions of this chapter.
(Code 1986, § 16-181; Ord. No. 09-780, 5-12-2009)
Sec. 32-36. - Application.
(a) An application for a stormwater discharge permit shall be made by, or on behalf of, the owner or
developer of the site for which a permit is sought. A separate application shall be required for each
permit, but a permit and application therefor may cover any number of contiguous lots being developed
as a single project. The application shall be filed with the town on a form supplied by the town, and
signed by the applicant, or by the applicant's agent or representative.
(b) Effect of permit.
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(1) A stormwater permit shall govern the design, installation, and construction of stormwater
infrastructure or BMPs on the site, including structural BMPs and elements of site design for
stormwater management other than structural BMPs.
(2) The permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this chapter, whether the approach
consists of structural BMPs or other techniques such as low -impact. 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 chapter.
(c) Each application for a stormwater discharge permit shall include the following:
(1) The name, address and telephone number of the applicant(s) and of the person signing the
application, if different than the applicant.
(2) A complete and detailed stormwater management plan, including detailed design plans and
construction specifications (refer to the design manual), for stormwater management facilities;
the exact location of any on -site stormwater management facility and the easement(s) for said
facility; and the exact location of any access easement(s);
(3) The specifics of any off -site stormwater management facilities to be utilized, including the amount
and proof of any contribution thereto;
(4) All necessary easements and stormwater management maintenance agreements; and
(5) The appropriate stormwater discharge permit application fee as set forth in the current fee
schedule published by the town.
(d) Submittal of complete application.
(1) Applications shall be submitted to the Town Manager or his designee pursuant to the application
submittal schedule in the form established by the Town Manager or his designee, along with the
appropriate fee established pursuant to this section.
(2) An application shall be considered complete only when it contains all required elements of an
application pursuant to this chapter, along with the appropriate fee. If the Town Manager or his
designee 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.
(Code 1986, § 16-182; Ord. No. 09-780, 5-12-2009)
Sec. 32-37. - Issuance —Generally.
No stormwater discharge permit shall be issued until the following conditions are met:
(1) Approval of a stormwater management plan by the Town Manager or his designee.
(2) Submission and approval of any required easements and stormwater management inspection
and maintenance agreements or other documents as required by this chapter. All documents
required by this section shall be fully executed prior to the recordation of the final subdivision plat
or issuance of the certificate of occupancy.
(3) Payment of stormwater management contribution where off -site stormwater management is
applicable.
(4) Payment of all required application fees.
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(5) Compliance with all applicable laws, ordinances, regulations, standards and specifications.
(Code 1986, § 16-183; Ord. No. 09-780, 5-12-2009)
Sec. 32-38. - Same— Nontransferability.
Stormwater discharge permits shall be issued in the name of the applicant. No permit issued to a
project subject to this chapter, and which disturbs, constructs, replaces, or otherwise alters more than
10,000 square feet built upon area shall be transferred or assigned without the written consent of the town.
(Code 1986, § 16-184; Ord. No. 09-780, 5-12-2009)
Sec. 32-39. - Conditions of approval.
(a) The Town Manager or his designee shall review all submitted permit applications, and shall notify the
applicant of any deficiencies or comments, or shall issue the stormwater discharge permit, within 45
days from the date of the most recent submittal.
(b) If the Town Manager or his designee finds that the application complies with the standards of this
chapter, the Town Manager or his designee shall approve the application.
(c) All stormwater discharge permits are conditioned on compliance with the approved plan and with all
relevant laws, ordinances, regulations and standards of any state or local government or agency,
including any standards established by the town relating to stormwater management. Permits are also
conditioned on the agreement and obligation of the applicant to hold harmless the town, its officers
and employees, from any expense incurred through the failure of the applicant, or the applicant's
agents to complete any required stormwater management measures, or from any damages growing
out of the negligence of the applicant or the applicant's agents in connection with stormwater
management measures.
(Code 1986, § 16-185; Ord. No. 09-780, 5-12-2009)
Sec. 32-40. - Grounds for denial.
(a) No stormwater discharge permit shall be issued if it is found that the work proposed by the applicant
will endanger any property or public way or pollute any water in violation of any federal or state
standard or this chapter. Factors to be considered shall include, but not be limited to, possible
saturation by rains, earth movement, surface water runoff, soil erosion, sedimentation, siltation, and
subsurface conditions such as the nature and type of soil and rock.
(b) No stormwater discharge permit shall be issued for activities within the 100-year flood plain of any
stream or watercourse, until a determination has been made that said activity is in compliance with the
town's flood plain regulations.
(c) The town may deny the issuance of any permit to an applicant when it determines that the applicant
is not in compliance with the provisions of an approved stormwater management plan for any project
within the jurisdiction of the town.
(d) Failure of the Town Manager or his designee to observe or recognize hazardous conditions or failure
to deny the stormwater discharge permit shall not relieve the permittee from responsibility for the
conditions or damages resulting therefrom and shall not result in the town, its officers or employees,
being responsible for the damages resulting therefrom.
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(e) If the Town Manager or his designee, or designated reviewing authority, finds that the application fails
to comply with the standards of this chapter, the Town Manager or his designee shall notify the
applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity
to submit a revised application.
(f) A complete revised application shall be reviewed by the Town Manager or his designee, or designated
reviewing agency, after its re -submittal and shall be approved, approved with conditions or
disapproved.
(g) If a revised application is not re -submitted within 30 calendar days from the date the applicant was
notified, the application shall be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the appropriate fee for a new submittal.
(h) One re -submittal of a revised application may be submitted without payment of an additional permit
review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit review fee
additional fee, as established pursuant to this chapter.
(Code 1986, § 16-186; Ord. No. 09-780, 5-12-2009)
Sec. 32-41. - Expiration and renewal.
(a) The Town Manager or his designee may void any approved plan or permit if the applicant fails to make
substantial progress on the site within one year after the date of approval, or during any uninterrupted
three-month period thereafter until all conditions of the approved permit have been met. The Town
Manager or his designee 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.
(b) In granting an extension, the Town Manager or his designee 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.
(c) If the stormwater discharge permit expires, the permittee shall make application for a new permit in
accordance with this chapter.
(Code 1986, § 16-187; Ord. No. 09-780, 5-12-2009)
Sec. 32-42. - Authority to revoke or suspend.
The Town Manager or his designee shall have the authority to suspend or revoke any stormwater
discharge permit and to issue a stop work order for any violation of this chapter, applicable technical
standards, stormwater discharge permit, any state, federal or local law applicable to the work or changes
in site characteristics upon which plan approval and permit issuance was based.
(Code 1986, § 16-188; Ord. No. 09-780, 5-12-2009)
Sec. 32-43. - Permit review fees.
The town shall establish permit review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees and policies from time to time.
(Code 1986, § 16-189; Ord. No. 09-780, 5-12-2009)
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Ordinance 17-1054
Sec. 32-44. - Concept plan and consultation meeting.
Town of Carolina Beach
Town Council
(a) Consultation. Before a stormwater management permit application is deemed complete, the Town
Manager or his designee or developer may request a consultation on a concept plan for the post -
construction stormwater management infrastructure and / or BMPs to be utilized in the proposed
development project. This consultation meeting should take place at the time of the preliminary
subdivision planning or other early step in the development process. The purpose of this meeting is to
discuss the post -construction stormwater infrastructure and / or BMPs necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Local
watershed plans and other relevant resource protection plans should be consulted in the discussion
of the concept plan.
(Code 1986, § 16-190; Ord. No. 09-780, 5-12-2009)
Secs. 32-45-32-66. - Reserved.
ARTICLE III. - STORMWATER MANAGEMENT PLANS
Sec. 32-67. - Plan and specification requirements.
An approved stormwater management plan and construction specifications are required for all
activities requiring a stormwater discharge permit, and shall be available on -site at all times. The plan and
specifications shall be prepared and sealed by an authorized registered professional engineer. The plan
and specifications shall meet the regulations and requirements of this chapter, and the criteria contained in
any applicable standards and specifications adopted by the town council. If conflicting regulations or
requirements apply, the more restrictive shall be used.
An approved stormwater management plan will contain the following
(a) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minimum: Existing and proposed topography; perennial and
intermittent streams; mapping of predominant soils from soil surveys (if available); boundaries of
existing predominant vegetation; proposed limits of clearing and grading; and location of existing
and proposed roads, buildings, parking areas and other impervious surfaces.
(b) 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.
(c) Stormwater management system plan. A written or graphic plan of the proposed post -
development stormwater management system, including preliminary selection and location of
proposed structural stormwater infrastructure and BMPs; low -impact design elements; location of
existing and proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of flood plai n/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of any proposed stream channel modifications,
such as bridge, driveway or culvert crossings.
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Ordinance 17-1054 Town of Carolina Beach
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(Code 1986, § 16-192; Ord. No. 09-780, 5-12-2009)
Sec. 32-68. - Required approvals.
(a) Plans and specifications for stormwater management require the approval of the town, and appropriate
state and federal agencies.
(b) The various approving departments and agencies may request additions, deletions and modifications
to the plan as deemed necessary prior to approval. Said modifications shall be reflected on a revised
plan prior to approval and issuance of the stormwater discharge permit.
(Code 1986, § 16-193; Ord. No. 09-780, 5-12-2009)
Sec. 32-69. - Modification of approved plan.
(a) No modification of the approved plan shall be made until approved by the town in accordance with its
rules and regulations.
(b) Requests for modifications to an approved plan shall be submitted in writing to the Town Manager or
his designee.
(c) All modifications shall be made in accordance with the criteria contained in the design manual and
other applicable state law or regulation.
(Code 1986, § 16-194; Ord. No. 09-780, 5-12-2009)
Secs. 32-70-32-96. - Reserved.
ARTICLE IV. - ON -SITE STORMWATER MANAGEMENT
Sec. 32-97. - Applicability of this section
(a) Except as otherwise provided herein, the provisions of this chapter, pertaining to On -Site Stormwater
Management, shall apply to each of the following:
(1) projects that require an Erosion and Sedimentation Control Plan pursuant to G.S. 113A-57;
(2) projects that require a Coastal Area Management Act (CAMA) Major Development Permit pursuant to
G.S. 113A-118; and
(3) projects that do not require either an Erosion and Sedimentation Control Plan or a CAMA Major
Development Permit, but meet one of the following criteria:
(a) nonresidential projects that propose to cumulatively add 10,000 square feet or more of built -upon
area; or
(b) residential projects that are within 'h mile of and draining to SA waters, and propose to cover 12
percent or more of the undeveloped portion of the property with built -upon area.
(Code 1986, § 16-197; Ord. No. 09-780, 5-12-2009)
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Sec. 32-98. - Design and construction of stormwater management BMPs.
(a) Post -construction model practices for all projects. The following standards apply to all projects to which
this chapter is applicable, as defined in section 32-5. All projects subject to the requirements of Sec.
32-97 must
1. control and treat the difference in the stormwater runoff volume between the
predevelopment and post -development conditions for the one-year, 24-hour storm. The
minimum runoff volume to be treated shall be calculated based on the entire treatment
area, as outlined in subsection (b) of this section, and the project's location.
2. Draw down the treatment volume no faster than 48 hours, but no slower than 120 hours.
3. Discharge the storage volume at a rate equal to or less than the predevelopment discharge
rate for the one-year, 24-hour storm.
4. Remove an 85 percent average annual amount of total suspended solids.
5. Meet the general engineering design criteria set out in 15A NCAC 02H.1008(c).
6. Wet detention ponds designed in accordance with the requirements of subsection (a)(2)d of
this section may be used for projects within one-half mile of and draining to Class SA waters.
If a wet detention pond is used within one-half mile of Class SA waters, installation of a
stormwater best management practice in series with the wet detention pond shall be required
to treat the discharge from the west detention pond. Secondary stormwater best
management practices that are used in series with another stormwater best management
practice do not require any minimum separation from the seasonal high water table.
7. Control and treat runoff from all impervious area and permeable pavement, within the
contributing drainage area unless otherwise approved in writing by the Town Manager or his
designee.
8. All structural stormwater BMPs on projects which disturb, construct, replace, or otherwise
alter greater than 10,000 square feet of impervious area shall be located in recorded
drainage easements for the purposes of operation and maintenance and shall have recorded
access easements to the nearest public right-of-way unless otherwise approved in writing
by the Town Manager or his designee . These easements shall be granted in favor of the
party responsible for operating and maintaining the stormwater management facilities.
9. All structural BMPs shall meet the requirements of article VI of this chapter.
(b) The treatment area shall be determined as follows:
(1) For new development, the treatment area shall include all land area located within the project
boundary.
(2) For redevelopment and expansion projects which disturb, construct, replace, or otherwise alter
impervious area and disturb, add, replace, or otherwise alter an impervious area equivalent to or
less than 50 percent of the existing impervious surface area on site, the treatment area shall
include only those portions of the site which have been disturbed, constructed, replaced or
otherwise altered during construction.
(3) For redevelopment and expansion projects which disturb, construct, replace, or otherwise alter
impervious area or disturb, add, replace, or otherwise alter an impervious area greater than 50
percent of the existing impervious surface area on site, the treatment area shall include all land
area located within the project boundary.
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Town Council
(c) All newly constructed impervious area shall be at a minimum of 30 feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water shall be deemed present if the
feature is shown on either the most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture (USDA) or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may be allowed when surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233(3)(a) or similar site -
specific determination made using division -approved methodology, or when existing impervious
surfaces existing on site prior to the effective date of the ordinance from which this chapter is derived.
(d) The approval of the stormwater permit on projects which disturb, construct, replace, or otherwise alter
greater than 10,000 square feet of impervious area 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 or redevelopment maintains the site consistent with the approved project
plans.
(e) For areas within one-half mile of and draining to Class SA waters, and disturb, construct, replace, or
otherwise alter 10,000 square feet or more of impervious area, permittees, delegated programs, and
regulated entities must:
(1) Use structural stormwater BMPs that result in the highest degree of fecal coliform disinfection and
control sources of fecal coliform while still incorporating the stormwater controls required by the
project's density level.
(2) Implement a program to control the sources of fecal coliform, or comply with all regulations
included in section 32-133.
(3) All development activities shall prohibit new points of stormwater discharge to Class SA waters
or an increase in the volume of stormwater flow through conveyances or increase in capacity of
conveyances of existing stormwater conveyance systems that drain to Class SA waters. Any
modification or redesign of a stormwater conveyance system within the contributing drainage
basin must not increase the net volume or rate of stormwater discharge through existing outfalls
to Class SA waters. The following shall not be considered a direct point of stormwater discharge:
a. Infiltration of the stormwater runoff volume front the one-year, 24-hour storm.
b. Diffuse flow of stormwater at a nonerosive velocity to a vegetated buffer or other natural
area, that is capable of providing effective infiltration of the runoff from the one-year, 24-hour
storm. Notwithstanding the other requirements of this section, the infiltration area does not
require a minimum separation from the seasonal high-water table.
The discharge from a wet detention pond that is treated by a secondary stormwater best
management practice, provided that both the wet detention pond and the secondary
stormwater best management practice meet the requirements of this section.
Notwithstanding the other requirements of this section, the secondary best management
practice does not require a minimum separation from the seasonal high-water table.
(f) For structural stormwater BMPs that are required under this section and that require separation from
the seasonal high-water table, a minimum separation of two feet is required. Where a separation of
two feet from the seasonal high-water table is not practicable, the Town Manager or his designee or
division of water quality may grant relief from the separation requirement pursuant to the alternative
design criteria set out in 15A NCAC 02H .1008(h).
(g) In designing on -site stormwater BMPs, those BMPs to be utilized shall be considered in the following
order of preference:
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(1) Flow attenuation by use of open vegetated swales and natural depressions;
(2) Infiltration;
(3) Retention structures; and
(4) Detention structures.
The order of preference shall be modified where necessary, to accommodate requirements of the state for
controlling stormwater quality.
(h) The Town Manager or his designee reserves the right to consider, evaluate, and approve alternative
design strategies which are consistent with the objectives of the regulations of this section. Alternative
designs will be evaluated on a case -by -case basis, but at a minimum shall also include a detailed
design narrative explaining how the project's stormwater management plan will adhere to the intent of
the water quality protection measures described in this section.
(Code 1986, § 16-198; Ord. No. 09-780, 5-12-2009)
Sec. 32-99. - Other considerations in design preparation.
(a) The developer shall give consideration to incorporating use of natural topography and land cover such
as wetlands, ponds, natural swales, and depressions as they exist prior to development to the degree
that they can accommodate the additional flow of water.
(b) Where on -site storm drainage systems convey off -site stormwater through the site, computations
reflecting the drainage area of land tributary to the site, and estimated runoff of the area served by
such systems, shall be provided. In addition, a complete ten-year frequency storm event storm
drainage study shall be submitted for the site. All on -site storm drainage systems conveying off -site
stormwater through the site shall be public systems or private systems which shall be designed,
constructed and maintained to at least the standards of a public storm drainage system as contained
in the design manual. All design calculations shall be computed based on full buildout of the upstream
drainage basin, and shall include all property, on -site and off -site, draining to the analysis point. The
design and construction shall be certified by an authorized registered professional as meeting or
exceeding the requirements of this chapter and the design manual.
(c) Projects which add, replace, or otherwise alter 10,000 square feet of impervious area or greater shall
control the entire treatment volume on site according to the project's location.
(Code 1986, § 16-199; Ord. No. 09-780, 5-12-2009)
Sec. 32-100. - Stormwater management requirements during and after construction.
(a) The town may require the relocation, reconstruction or encasement by the developer or project
applicant of water or sewer facilities located or planned within the limits of proposed stormwater
management facilities.
(b) Precautions shall be taken to avoid degradation of infiltration areas during construction. Erosion control
plans shall provide detailed construction sequences to ensure adequate protection of all proposed
infiltration areas from siltation, construction traffic and general disturbance until the contributing
drainage area is stabilized.
(c) Record (as built) drawings (reproducible Mylar) for all structural stormwater BMPs must be certified by
an authorized registered professional and provided to the town for permanent record.
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Ordinance 17-1054 Town of Carolina Beach
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(Code 1986, § 16-200; Ord. No. 09-780, 5-12-2009)
Sec. 32-101. - Stormwater best management practice fee
For development, redevelopment or expansion projects which increase the amount of impervious
surface on the property within residential or non-residential areas, the developer shall pay to the town a fee
for the construction and maintenance of stormwater infrastructure or BMPs in accordance with the current
fee schedule. Stormwater best management practice fee is not available for on -site structure stormwater
BMPs listed under Section 32-97.
If a property, which already contains an impervious surface, is redeveloped and the amount of
impervious surface is not increased over the prior total amount of impervious surface on the property, than
no stormwater best management practice fee is required.
If the property owner chooses to install a structural stormwater BMP that contributes to the
management of stormwater quality and quantity, than a credit may be awarded and the stormwater best
management practice fee reduced. The amount of the credit will be proportionate to the percent of
stormwater retention on the property.
(Code 1986, § 16-201; Ord. No. 09-780, 5-12-2009)
Sec. 32-102. - Exemptions from impervious area setback requirements.
The following activities are exempt from the vegetative buffer requirements of this section:
(1) Development in urban waterfronts that meets the requirements of 15A NCAC 07H .0209(g).
(2) Development in a new urban waterfront area that meets the requirements of Session Law 2004-
117.
(3) Those activities listed in 15A NCAC 07H.0209(d)(10)(A) through 15A NCAC 07H.0209(d)(10)(H).
(4) Development of upland marinas that have received or are required to secure a coastal area
management act major permit.
(5) Redevelopment activities on sites meeting the definition of developed land prior to the effective
date of the ordinance from which this chapter is derived and do not replace any pervious land
with impervious area or permeable pavement.
(Code 1986, § 16-202; Ord. No. 09-780, 5-12-2009)
(Code 1986, § 16-204; Ord. No. 09-780, 5-12-2009)
Sec. 32-103. - Combination of measures permitted.
(a) Nothing in these regulations shall be construed to mean that stormwater management requirements
cannot be satisfied by a combination of on -site and off -site facilities, payment of fees, grant of
easement, dedication of land and/or stormwater management facility if so required by the town.
(b) Development, redevelopment or expansion projects which add, replace, or otherwise alter less than
10,000 square feet of impervious area may use a combination of on -site and/or off -site structural
stormwater management systems (existing or proposed) such that the total cumulative volume of
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stormwater controlled, on -site and/or off -site, meets or exceeds the treatment volume requirements
described in section 32-98(a) according to the project's location. Projects which add, replace, or
otherwise alter 10,000 square feet of impervious area or greater shall control the entire treatment
volume on site according to the project's location.
(Code 1986, § 16-205; Ord. No. 09-780, 5-12-2009)
Sec. 32-104. - Additional requirements for fee alternative.
Fees approved and accepted by the town for off -site stormwater management may be used by the
town for land acquisition (including easements and rights -of -way) and the study, engineering, design,
purchase, construction, expansion, repair, maintenance, landscaping and inspection of public stormwater
management facilities. Fees collected from the development shall be applied to improvements to the town's
stormwater drainage system or affiliated projects at the discretion of the Town Manager or his designee.
(Code 1986, § 16-206; Ord. No. 09-780, 5-12-2009)
Sec. 32-105. - Variances.
(a) Any person may petition the town council for a variance granting permission to use the person's land
in a manner otherwise prohibited by this chapter. To qualify for a variance, the petitioner must show
all of the following:
(1) Unnecessary hardships would result from strict application of this chapter.
(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 do not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this chapter and
applicable state standards; will secure public safety and welfare; and will preserve substantial
justice.
(5) The town may impose reasonable and appropriate conditions and safeguards upon any variance
it grants.
(b) Notwithstanding subsection (a) of this section, exceptions from the 30-foot landward location of
impervious area requirement as well as the deed restrictions and protective covenants requirements
shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport
facility, or utility crossing as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater
management pond; or a utility, including, but not limited to, water, sewer, or gas construction and
maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent
surface waters and as long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have
the least adverse effects on aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs.
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(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential for
a reduction in size, configuration, or density of the proposed activity and all alternative designs,
the basic project purpose cannot be practically accomplished in a manner which would avoid or
result in a less adverse impact to surface waters.
(Code 1986, § 16-207; Ord. No. 09-780, 5-12-2009)
Sec. 32-106. - Pet waste.
Restrictions on pet waste are as follows:
(1) It shall be unlawful for the owner or custodian of any dog to take it off the owner's own property
limits without the means to properly remove and dispose of the dog's feces from any public or
private property.
(2) It is the responsibility of a dog's owner or custodian to clean up the dog's feces from any public
or private property outside of the dog's owner's own property limits. Such property includes, but
is not limited to, parks, rights -of -way, paths, and public access areas.
(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 dog waste until it can be disposed of in an appropriate container. Such a
device must be produced and shown, upon request, to anyone authorized to enforce this section.
(4) This provision shall not apply to handicapped persons assisted by trained guide or assistance
dogs.
(5) The term "public nuisance" is defined to include a dog which deposits feces on public property or
on private property without the consent of the owner or person in lawful possession of the private
property, and the person owning, possessing, harboring or having the care, charge, control or
custody of the dog fails to remove the feces so deposited; provided, however, this definition shall
not apply to any dog assisting a handicapped person.
(Code 1986, § 16-208; Ord. No. 09-780, 5-12-2009)
Secs. 32-107-32-133. - Reserved.
Secs. 32-134 - Stormwater Drainage Permit
The purpose of the stormwater drainage permit is to identify properties that have the potential of
changing the natural or existing stormwater drainage patterns and develop a system that allows
development without negatively impacting the stormwater drainage of adjacent properties. There are two
types of Stormwater Drainage Permits:
(a) A stormwater permit without a drainage plan shall be submitted to the Town Manager or his designee
for the following:
1. Removal of vegetation down to bare soil including the removal of stumps and underground
material, and limited leveling on the site that does not change the topographic conditions of
the property or,
2. An increase of impervious surface on the property or,
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3. For situations not covered in Section 32-134 by determination of the Town Manager or his
designee.
(b) A stormwater permit with a drainage plan shall be submitted to the Town Manager or his designee
for the following:
(1) Grading/Filling or other changes to the topographic conditions of the property, or
(2) Permanent placement of fill soils or other materials on the property, or
(3) When a building permit for increased impervious surface is required, or
(4) If the location has a history of flooding or erosion that may be further aggravated by, or have
a harmful effect on adjoining properties.
(5) If it is determined by the Town Manager or his designee that conditions in this section apply,
however there will be no substantial change to the topography and/or stormwater flow then a
drainage plan may be waived.
(c) Procedures:
(1) The removal of vegetation, the pouring or placement of impervious materials, fill soil or other
materials in or upon lands located within the jurisdictional limits of the town shall be prohibited
unless and until a valid permit has been issued by the Town Manager or his designee.
(2) The fees for such permits shall be designated in the current fee schedule as published by the
town.
(3) No permits shall be issued by the Building Inspector unless and until the Town Manager or his
designee determines that the proposed activity complies with all applicable town, state and
federal regulations relative to surface and subsurface drainage and runoff and removal of
vegetation, the pouring or placement of impervious materials, fill soil, or materials and issues
preliminary or final approval certification as applicable.
(4) The engineers, architect, landscape architect or other fields licensed to perform stormwater
management practice design certification of the pre and post construction drainage conditions
shall ensure that the vegetation removal, the pouring or placement of materials, soil, or other
materials shall not increase drainage runoff onto public streets, cause erosion or sedimentation
of adjacent properties, drainageways, wetlands, or water and which do not violate town, state,
and federal regulations.
(5) All properties requiring a stormwater drainage permit with a drainage plan must grade the
property so that grading results in positive drainage of stormwater to existing surrounding
drainage features; such as streams, creeks, swales, pipes or town stormwater conveyance
systems within the public right of way and will not impact adjacent properties. Where possible
it is encouraged that commercial properties tie in directly to existing systems to avoid adverse
impacts on adjacent properties and right of ways.
(6) All properties requiring either type of stormwater drainage permit must protect adjacent
properties and conveyance systems by installing and maintaining erosion control devices.
(d) Stormwater Drainage Plan Contents.
(1) A stormwater and drainage plan shall be prepared by a registered civil engineer, architect,
landscape architect or other fields licensed to perform stormwater management practice design
and include the following site and drainage information:
(A) Existing and proposed flow lines of surface and subsurface waters onto and off of the site;
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(B) Existing and finished contours, at two -foot intervals;
(C) The location of any existing buildings, structures or improvements on the property where the
work is to be performed and on adjacent lots;
(D) The location of all existing natural and man-made drainage facilities for the storage or
conveyance of runoff, including drainage swales, ditches, culverts and berms, sumps,
sediment basins, channels, ponds, storm drains and drop inlets serving the site.
(E) All surface and subsurface drainage devices, walls, cribbing, dams and other protective
devices to be built with or as a part of the proposed construction;
(F) Hydraulic calculations that show the flow -carrying capacities of proposed conveyance
devices and justify the estimated runoff of the area served by any proposed conveyance
device;
(G) Discharges and velocities of proposed conveyance devices, and storage volumes of any
sumps, ponds or sediment basins.
(H) Estimates of existing and increased runoff resulting from proposed improvements and
methods for reducing the velocity of any increased runoff.
Secs. 32-135-32-159. - Reserved.
ARTICLE VI. - MAINTENANCE, INSPECTIONS AND ENFORCEMENT
Sec. 32-160. - Maintenance.
(a) Applicability. This section shall apply to all structural stormwater BMPs installed, as required by this
chapter.
(b) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this chapter
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.
(c) Annual maintenance inspection and report. The person responsible for maintenance of any structural
BMP installed pursuant to this chapter shall submit to the Town Manager or his designee an inspection
report from one of the following persons performing services only in their area of competence: A
qualified registered state professional engineer, surveyor, landscape architect, soil scientist, aquatic
biologist, or person certified by the state cooperative extension service for stormwater treatment
practice inspection and maintenance.
The person responsible for maintenance of any structural BMP may contract with the town to perform
the inspections of BMP's or contract with a private company or organization to perform the inspection.
All deficiencies identified during the inspection must be corrected by the person responsible for
maintenance of the BMP within six months of the inspection. If inspections or corrective actions are
not performed by the person responsible, the town will perform said work and charge the person
responsible for the expense.
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;
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(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 chapter;
(6) The original signature and seal of the engineer, surveyor, or landscape architect; and
(7) All inspection reports shall be on forms supplied by the Town Manager or his designee. An original
inspection report shall be provided to the Town Manager or his designee beginning one year from
the date of as -built certification and each year thereafter on or before the date of the as -built
certification.
(Code 1986, § 16-209; Ord. No. 09-780, 5-12-2009)
Sec. 32-161. - Operation and maintenance agreement.
(a) Generally.
(1) Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this chapter, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this chapter, on projects which disturb, construct, replace,
or otherwise alter impervious area, 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.
(2) The operation and maintenance agreement shall require the owner or owners to maintain, repair
and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and
schedule of maintenance for the structural BMP. In addition, it shall grant to the town a right of
entry in the event that the Town Manager or his designee 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 to assume responsibility for
the structural BMP.
(3) The operation and maintenance agreement must be approved by the Town Manager or his
designee 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 Town Manager or his designee within 14 days following its
recordation.
(4) Whenever a private stormwater BMP is designed to receive stormwater runoff from public streets
or other public property, as a condition of the approval of the stormwater management plan, the
owners of the BMP and their successors and assigns shall release, indemnify and hold the town,
its officials and employees, harmless from any responsibility or liability for any and all damage or
injury of any kind or nature whatsoever (including death resulting therefrom) to all persons,
whether employees of the town or otherwise, and to all property, caused by, resulting from, arising
out of, or occurring in connection with the drainage, flow or runoff of surface water from public
property over and into the stormwater BMPs and from the stormwater facilities on to adjacent
properties. As a further condition of the approval, the owner and its successors and assigns shall
be deemed to have agreed that the town shall have no responsibility or liability for the
maintenance of the stormwater BMPs and the owner and its successors and assigns shall
maintain the BMPs so that they do not become a public or private nuisance or cause damage to
adjacent property. These agreements shall be appurtenant to and run with the land benefited by
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the stormwater BMPs and shall be binding on the owner and its successors and assigns and
occupants thereof.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required
pursuant to this chapter that are to be or are owned and maintained by a homeowners' association,
property owners' association, or similar entity, the required operation and maintenance agreement
shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the stormwater
BMPs.
(2) Granting to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural
BMPs.
(3) Allowing the town to recover from the association and its members, any and all costs the town
expends to maintain or repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the town all of its expended costs, after 45 days' written notice, shall constitute a
breach of the agreement. In case of a deficiency, the town shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both. Interest, collection costs, and attorney
fees shall be added to the recovery.
(4) A statement that this agreement shall not obligate the town to maintain or repair any structural
BMPs, and the town shall not be liable to any person for the condition or operation of structural
BMPs.
(5) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the town
to enforce any of its ordinances as authorized by law.
(6) A provision indemnifying and holding harmless the town for any costs and injuries arising from or
related to the structural BMP.
(c) Deed recordation and indications on plat. The applicable operations and maintenance agreement
pertaining to every structural BMP installed on projects which disturb, construct, replace, or otherwise
alter greater than 10,000 square feet of impervious area, 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 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.
(d) Signage. Where appropriate in the determination of the Town Manager or his designee to ensure
compliance with this chapter, structural BMPs shall be posted with a conspicuous sign stating who is
responsible for required maintenance and annual inspection. The sign shall be maintained so as to
remain visible and legible.
(Code 1986, § 16-210; Ord. No. 09-780, 5-12-2009)
Sec. 32-162. - Inspections.
(a) An approved stormwater management plan and all permits shall be posted and available on site at all
times during construction.
(b) Periodic inspection during construction of stormwater BMPs shall be conducted by the town. If the
work performed upon the site fails to comply with any ordinance, regulation, or standard of condition
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of any permit, the owner and permittee shall be informed of the violation and the nature of the
corrections required.
(c) The town may require the applicant to provide engineering inspection and testing during construction.
Upon completion of construction, certification by an authorized registered professional that all work
completed and construction materials used meet or exceed requirements of approved plans and
specifications shall be provided.
(Code 1986, § 16-211; Ord. No. 09-780, 5-12-2009)
Sec. 32-163. - Emergency authority.
If the Town Manager or his designee determines that the condition of any stormwater BMP presents
an immediate danger to the public health or safety because of an unsafe condition or improper
maintenance, the Town Manager or his designee shall take such actions as may be necessary to protect
the public and make the BMP safe. Any costs incurred by the town as a result of the Town Manager or his
designee action shall be assessed against any or all of the owners of property served by said BMP who
shall be jointly and severally liable for all said costs and whose property shall jointly and severally be subject
to a lien for said costs which may be collected as provided in G.S. 160A-193.
If the Town Manager or his designee determines that weather related circumstances dictate the
pumping or lowering of pond water levels in order to protect downstream properties from flooding, the town
shall take such actions as may be necessary to protect the public. Any costs incurred by the town as a
result of these actions will not be charged to the property owner.
(Code 1986, § 16-212; Ord. No. 09-780, 5-12-2009)
Secs. 32-164-32-189. - Reserved.
ARTICLE VII. - STORMWATER SERVICES FEES
Sec. 32-190. - Authority.
Pursuant to G.S. article 16 of chapter 160A (G.S. 160A-311 et seq.), the town is authorized to create
a stormwater utility and establish a schedule of stormwater fees for property in the corporate limits.
(Code 1986, § 16-217; Ord. No. 09-780, 5-12-2009)
Sec. 32-191. - Stormwater utility.
A stormwater utility is hereby established to provide stormwater management services, as authorized
by state law. Stormwater service charges will be determined and modified from time to time so that the total
revenues generated by said charges will be used to pay the principal of and interest on the debt incurred
for stormwater purposes and such expenses as are reasonably necessary or convenient in the planning,
construction, operation and maintenance of the stormwater system.
(Code 1986, § 16-218; Ord. No. 09-780, 5-12-2009)
Sec. 32-192. - Service charges; rates and fee schedule.
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(a) Stormwater service charges shall accrue beginning on October 1, 2002. Stormwater service charges
shall apply to all property within the town limits without regard to ownership, except as set forth in
section 32-194. Such charges shall be based on the amount of impervious surface on each parcel as
determined by the equivalent residential unit standard.
(b) The town council shall set a base rate for single-family residential uses and charges for non -single-
family residential uses shall be calculated utilizing the equivalent residential unit.
(c) The schedule of rates shall be set forth in the town fee schedule.
(Code 1986, § 16-219; Ord. No. 09-780, 5-12-2009)
Sec. 32-193. - Exemptions and credits.
(a) Except as provided in this section, no public or private property shall be exempt from stormwater
service charges or receive a credit against such charges.
(b) Only undeveloped land shall be exempt from stormwater service fees.
(Code 1986, § 16-220; Ord. No. 09-780, 5-12-2009)
Sec. 32-194. - Billing methods; responsible parties.
(a) Bills for stormwater service fees shall be sent at regular, periodic intervals. Stormwater service fees
may be billed on a combined utility bill that also contains charges for water, sewer and/or refuse
service. Stormwater service fees that are shown on a combined utility bill may be for a different service
period than that used for water, sewer and/or refuse service.
(b) Stormwater service bills for a property that receives water, sewer and/or refuse service may be sent
to the customer receiving such service. However, where multiple water and sewer accounts exist for
a single parcel, the stormwater service bill will be sent to the property owner unless the property
qualifies for per account billing as set forth in subsection (c) of this section.
(c) Where multiple water and sewer accounts exist for a single parcel, the property owner may apply for
"per account" billing by completing a form provided by the town. The application shall include the
proposed division of the stormwater service fee between the water and sewer accounts on the
property. The applicant shall provide notice of the application to each affected utility customer. The
town shall approve the "per account" billing for the parcel unless the billing plan:
(1) Will result in a charge of less than one ERU for one or more accounts; and/or
(2) Does not equitably allocate the fees between accounts.
(d) Townhouse and condominium developments and other similar properties containing impervious
surface in common ownership shall be charged for the total impervious surface of all commonly -owned
and individually -owned property within the development. The stormwater service bill shall be sent to
the homeowners' association or, upon official request of the association reflecting a vote in accordance
with the association's bylaws, may be billed on a per account basis in compliance with subsection (c)
of this section.
(e) The property owner is ultimately responsible for payment of the stormwater service fee for property for
which the party billed has not paid the service charge. The approval of per account billing pursuant to
subsection (c) of this section does not relieve the owner from liability for stormwater service fees if
they are not paid by the party billed.
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(f) Stormwater fees shall be due and payable simultaneously with any other fees included on the bill. In
the event that any user fails to pay the amount due for water, sewer and/or refuse, in accordance with
chapters 18 and 36, and for stormwater service, in accordance with this chapter, then the town shall
have the right to discontinue water, sewer and/or refuse.
(g) Payments received by the town will be applied to a customer's bill in the following order: Delinquent
fees for stormwater, refuse, water, and sewer; and current fees for stormwater, refuse, water, and
sewer.
(Code 1986, § 16-221; Ord. No. 09-780, 5-12-2009)
Sec. 32-195. - Back billing.
Failure to receive a bill is not justification for nonpayment. The owner of each parcel of developed land
shall be ultimately obligated to pay such fee. If a customer is under -billed or if no bill is sent for developed
land, the town may back bill up to two years.
(Code 1986, § 16-222; Ord. No. 09-780, 5-12-2009)
Sec. 32-196. - Complaints regarding a bill.
(a) A customer having a grievance or complaint that a bill is excessive must file written or verbal notice
with the town's billing and collections office. If it is determined that the bill is in error, an adjustment will
be made accordingly.
(b) No adjustment will be made for more than a two-year period.
(Code 1986, § 16-223; Ord. No. 09-780, 5-12-2009)
Sec. 32-197. - Appeal.
Any customer who believes the provisions of this chapter have been applied in error may appeal in
the following manner:
(1) An appeal must be filed in writing with the Town Manager or his designee. At the discretion of the
Town Manager or his designee the appeal shall include information that shows the total property
area, the impervious surface area, and any other features or conditions which influence the
hydrologic response of the property to rainfall events.
(2) A technical review shall be performed to determine the accuracy of the information in the town's
impervious surface database. The Manager may adjust the fee or credit as long as the adjustment
is in conformance with the intent of this chapter. At the conclusion of the review, the Manager
shall issue a written determination stating whether an adjustment to the service rate is
appropriate, and, if so, the amount of such adjustment.
(3) All decisions of the Manager shall be served on the customer personally or by registered or
certified mail. Service shall be based upon the billing address of the customer.
(4) The Manager may make no adjustment to a customer's bill for more than the two-year period
immediately preceding the date that the customer's appeal is received by the Manager.
(Code 1986, § 16-224; Ord. No. 09-780, 5-12-2009)
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Sec. 32-198. - Limitations of town responsibility.
(a) The town shall be responsible only for the portions of the drainage system which are in town
maintained street rights -of -way and permanent storm drainage easements conveyed to and accepted
by the town. Repairs and improvements to the drainage system shall be in accordance with established
standards, policies, and schedules.
(b) The town's acquisition of storm drainage easements and/or the construction or repair by the town of
drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited
to, erosion, or standing water.
(Code 1986, § 16-225; Ord. No. 09-780, 5-12-2009; Ord. No. 16-1005, 4-12-2016)
Sec. 32-199. - Property owner responsibility.
(a) It shall be the responsibility of individual property owners of developed or undeveloped land within the
town, to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches,
swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and
lakes located on their property. Where conditions of existing stormwater facilities are determined to be
deficient and a public nuisance, and the property owner fails to correct the deficiencies after being
notified by the town, the town may arrange for the deficiencies to be corrected and recover all costs
thereto from the property owner.
(Ord. No. 16-1005, 4-12-2016)
Secs. 32-200-32-217. - Reserved.
ARTICLE Vill. - LANDSCAPING AND VEGETATION
Sec. 32-218. - Purpose.
This section is established for the purpose of regulating, controlling, preserving and setting forth
methods of continued maintenance assurance of all regulated vegetation located within the municipal limits
of the town and, furthermore, establishes authority to regulate and control the degree of impervious surfaces
constructed on properties and the placement and configuration of fill soil and material on properties located
within such municipality.
(Code 1986, § 16-228; Ord. No. 09-780, 5-12-2009)
Sec. 32-219. - Functions.
Landscaping and the regulation of placement and arrangement of impervious and fill material
accomplishes the following functions:
(1) Maintains the visual character of the community.
(2) Screens objectionable views within and between uses.
(3) Defines functional exterior spaces.
(4) Reduces glare into and from the site.
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(5) Reduces dust and other pollutants suspended in the air.
(6) Controls noise and provides acoustical modification into and from the site.
(7) Influences wind patterns and their effects upon uses.
(8) Contains odors and minimizes their passage into and from a site.
(9) Controls the direction and velocity of surface water runoff.
(10) Minimizes soil erosion.
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(11) Moderates interior and exterior temperature by controlling solar radiation on structures and
impervious surfaces.
(12) Controls the quantity of impervious surface within a site interior, thus enhancing ground
absorption capabilities and controls the placement of fill soil and materials and reduces the use
of public monies for control of increased surface runoff.
(13) Maintains the aesthetic quality of property and enhances its value.
(14) Offers protection of adjacent properties from increased water runoff and erosion sedimentation.
(15) Offers protection to adjacent natural resources.
(Code 1986, § 16-229; Ord. No. 09-780, 5-12-2009)
Sec. 32-220. - Debris, vegetation, and waste.
Debris from vegetation may be placed in the right -of -away for pick-up, though sand, dirt or grass
clippings may not be blown into the streets, which may impede or eventually restrict and or hamper the flow
of stormwater runoff. Grass clippings that are blown into the street are a violation of this chapter.
Homeowners and landscaping contractors that are in violation of placing and or blowing vegetation debris
into town streets may be fined. It is the responsibility of that homeowner or contractor to remove the
vegetation waste properly.
(Code 1986, § 16-230; Ord. No. 09-780, 5-12-2009)
Secs. 32-221-32-240. - Reserved.
ARTICLE IX. - ILLICIT DISCHARGE AND CONNECTION STANDARDS
Sec. 32-241. - Illicit discharges and connections.
(a) Illicit discharges.
(1) 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:
a. Water line flushing;
b. Landscape irrigation;
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c. Diverted stream flows;
d. Rising ground waters;
e. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
f. Uncontaminated pumped ground water;
g. Discharges from potable water sources;
h. Foundation drains;
Air conditioning condensation;
Irrigation water;
k. Springs;
I. Water from crawl space pumps;
m. Footing drains;
n. Lawn watering;
o. Individual residential car washing;
p. Flows from riparian habitats and wetlands;
q. Dechlorinated swimming pool discharges;
r. Yard waste piled for removal, and debris placed for roadside pickup, provided it was placed
at least five feet from any defined stormwater conveyance (ditch, curb, pipe, etc) and all
prohibited substances listed in subsection (a)(2) of this section are contained in a manner to
prevent them from being transported by stormwater flows;
s. Street wash water;
Pumping down of Carolina Beach Lake as permitted by state agencies;
u. Other nonstormwater discharges for which a valid NPDES discharge permit has been
approved and issued by the state, and provided that any such discharges to the municipal
separate storm sewer system shall be authorized by the town.
(2) Prohibited substances include, but are not limited to, oil, antifreeze, chemicals, animal waste,
paints, garbage, and litter.
(b) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater, other than the exclusions described in subsection (a)(1) of this
section, 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 the ordinance from which this chapter is derived 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 the ordinance from which
this chapter is derived. 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.
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(3) a. Where it is determined that said connection:
May result in the discharge of hazardous materials or may pose an immediate threat to
health and safety, or is likely to result in immediate injury and harm to real or personal
property, natural resources, wildlife, or habitat; or
2. Was made in violation of any applicable regulation or ordinance, other than this section;
the Town Manager or his designee shall designate the time within which the connection
shall be removed.
b. In setting the time limit for compliance, the Town Manager or his designee shall take into
consideration:
1. The quantity and complexity of the work;
2. The consequences of delay;
3. The potential harm to the environment, to the public health, and to public and private
property; and
4. The cost of remedying the damage.
(c) Spills.
(1) 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 pre-existing condition.
(2) Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
immediately notify the Fire Chief of the release or discharge, as well as making any required
notifications under state and federal law. Notification shall not relieve any person of any expenses
related to the restoration, loss, damage, or any other liability which may be incurred as a result of
said spill or leak, nor shall such notification relieve any person from other liability which may be
imposed by state or other law.
(d) Nuisance. Illicit discharges and illicit connections which exist within the town 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 article X of this chapter.
(Code 1986, § 16-231.1; Ord. No. 09-780, 5-12-2009)
Secs. 32-242-32-260. - Reserved.
ARTICLE X. - VIOLATIONS
Sec. 32-261. - Violations, penalties and enforcement.
(a) Any of the following violations shall subject the offender to a civil penalty for the initial violation and a
civil penalty for each subsequent violation, each pursuant to the town's annually adopted rate and fee
schedule; or the full amount of penalty to which the town is subject for violations of the Phase II
stormwater permit directly caused by the offender. The offender may also be imprisoned for not more
than 30 days, or both, at the discretion of the court. Each day that a violation continues after the
offender has been notified of the violation shall constitute a separate and distinct offense.
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(1) The violation of any provision of this chapter or of any rule or regulation, by whatever name,
issued or adopted pursuant to the provisions of this chapter.
(2) The failure to comply with the express or implied condition or term of any permit issued or
agreement executed pursuant to the provisions of this chapter.
(3) The failure to comply with any order, notice, or directive of the Town Manager or his designee to
stop work or to take corrective action.
(4) The failure of the owner of, or any person responsible for the maintenance of, any property served
by an existing private on -site stormwater BMP to maintain said BMP in proper working order.
(5) If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty
may be recovered in a civil action in the nature of debt.
(b) The town may seek to enforce this chapter or to prevent, restrain, correct or abate violations of this
chapter through any appropriate equitable action.
(c) The town may seek to enforce this chapter by using any one or any combination of the foregoing
remedies.
(d) No building permit shall be issued for any building without approval of the storm drainage BMPs for
the property and buildings by the Town Manager or his designee.
(e) In case of any violation of this chapter, the Town Manager or his designee or other appropriate official
shall take action to put an end to such violation.
(Code 1986, § 16-231.2; Ord. No. 09-780, 5-12-2009)
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