NCS000502_PreAudit_Trinity Stormwater Ordinance_20210305

"The Universal Stormwater Management Program
Ordinance" for the City of Trinity, NC,

Table of Contents
Universal Stormwater Model Ordinance for North Carolina.........................................1
SECTION 1: GENERAL PROVISIONS........................................................................
7
xx-101 Title.................................................................................................................7
xx-102 Authority.........................................................................................................7
xx-103 Findings..........................................................................................................7
xx-104 Purpose...........................................................................................................7
(A)
General...........................................................................................................7
(B)
Specific...........................................................................................................8
xx-105
Applicability and Jurisdiction......................................................................... 9
(A)
General...........................................................................................................9
(B)
Exemptions.....................................................................................................9
(1)
Thresholds...................................................................................................
9
(2)
General exemption.......................................................................................
9
(C)
No Development or Redevelopment Until Compliance and Permit.............9
(D)
Map...............................................................................................................10
xx-106
Interpretation................................................................................................10
(A)
Meaning and Intent......................................................................................10
(B)
Text Controls in Event of Conflict..............................................................10
(C)
Authority for Interpretation........................................................................10
(D)
References to Statutes, Regulations, and Documents.................................10
(E)
Computation of Time...................................................................................11
(F)
Delegation of Authority...............................................................................11
(G)
Usage............................................................................................................11
(1)
Mandatory and Discretionary Terms..........................................................11
(2)
Conjunctions..............................................................................................11
(3)
Tense, Plurals, and Gender.........................................................................11
(H)
Measurement and Computation..................................................................11
xx-107
Design Manual. .............................................................................................
11
(A)
Reference to Design Manual........................................................................11
(B)
Relationship of Design Manual to Other Laws and Regulations ...............12
(C)
Changes to Standards and Specifications...................................................12
(D)
[Amendments to Design Manual]................................................................12
xx-108
Relationship to Other Laws, Regulations and Private Agreements...............12

(A)
Conflict of Laws...........................................................................................12
(B)
Private Agreements......................................................................................12
xx-109
Severability....................................................................................................13
xx-110
Effective Date and Transitional Provisions...................................................13
(A)
Effective Date...............................................................................................13
(B)
Final Approvals, Complete Applications....................................................13
(C)
Violations Continue......................................................................................13
SECTION 2: ADMINISTRA TION AND PROCEDURES...........................................14
xx-201
Review and Decision -Making Entities..........................................................14
(A)
Stormwater Administrator..........................................................................14
(1)
Designation................................................................................................14
(2)
Powers and Duties......................................................................................14
xx-202
Review Procedures........................................................................................15
(A)
Permit Required; Must Apply for Permit...................................................15
(B)
Effect of Permit............................................................................................15
(C)
Authority to File Applications.....................................................................15
(D)
Establishment of Application Requirements, Schedule, and Fees .............15
(1)
Application Contents and Form..................................................................15
(2)
Submission Schedule.................................................................................15
(3)
Permit Review Fees...................................................................................16
(4)
Administrative Manual...............................................................................16
(E)
Submittal of Complete Application.............................................................16
(F)
Review..........................................................................................................16
(1)
Approval....................................................................................................16
(2)
Fails to Comply..........................................................................................16
(3)
Revision and Subsequent Review...............................................................17
xx-203
Applications for Approval.............................................................................17
(A)
Concept Plan and Consultation Meeting.....................................................17
(1)
Existing Conditions / Proposed Site Plans..................................................17
(2)
Natural Resources Inventory......................................................................17
(3)
Stormwater Management System Concept Plan..........................................18
(B)
Stormwater Management Permit Application............................................18
(C)
As -Built Plans and Final Approval.............................................................18
(D)
Other Permits...............................................................................................19
xx-204
Approvals......................................................................................................19
(A)
Effect of Approval........................................................................................19
F

(B)
Time Limit/Expiration.................................................................................19
xx-205
Appeals..........................................................................................................19
(A)
Right of Appeal............................................................................................19
(B)
[Filing of Appeal and Procedures]...............................................................19
(C)
[Review by Superior Court]........................................................................20
SECTION3: STANDARDS.........................................................................................
21
xx-301
General Standards........................................................................................
21
xx-302
impervious surface requirements..................................................................21
(A)
Setback requirement....................................................................................21
(B)
No new impervious or partially pervious surface in floodplain .................21
xx-303
structural stormwater control requirements..................................................21
xx-305
Standards for Storm water Control Measures ................................................
22
(A)
Evaluation According to Contents of Design Manual................................22
(B)
Determination of Adequacy; Presumptions and Alternatives ....................22
(C)
Separation from Seasonal High Water Table.............................................22
xx-306
Stream Buffer Required...............................................................22
xx-307
Variances......................................................................................................
23
xx-308
Development Regulations.............................................................24
(A)
Establishment of Watershed Overlay Districts .................................
24
(1)
[Pet waste]...............................................................................................
245
SECTION 4: MAINTENANCE...................................................................................
26
xx-401
General Standards for Maintenance.............................................................
26
(A)
Function of BMPs As Intended...................................................................26
(B)
Annual Maintenance Inspection and Report..............................................26
xx-402
Operation and Maintenance Agreement.......................................................
26
(A)
In General....................................................................................................26
(B)
Special Requirement for Homeowners' and Other Associations
...............27
xx-403
Inspection Program.......................................................................................28
xx-404
Performance Security for Installation and Maintenance ..............................
29
(A)
May Be Required.........................................................................................29
(B)
Amount.........................................................................................................29
(1)
Installation.................................................................................................
29
(2)
Maintenance...............................................................................................29

(C) Uses of Performance Security......................................................................29
(1) Forfeiture Provisions.................................................................................. 29
(2) Default....................................................................................................... 29
(3) Costs in Excess of Performance Security .................................................... 30
(4) Refund....................................................................................................... 30
xx-405
Notice to owners............................................................................................30
(A)
Deed Recordation and Indications On Plat.................................................30
(B)
Signage.........................................................................................................30
xx-406
Records of Installation and Maintenance Activities ......................................
30
xx-407
Nuisance.......................................................................................................
30
xx-408
[Maintenance Easement................................................................................
31
SECTION 5: ENFORCEMENT AND VIOLATIONS .................................................
32
xx-501
General.........................................................................................................32
(A)
Authority to Enforce....................................................................................32
(B)
Violation Unlawful.......................................................................................32
(C)
Each Day a Separate Offense......................................................................32
(D) Responsible Persons/Entities.......................................................................32
(1) Person Maintaining Condition Resulting In or Constituting Violation ........ 32
(2) Responsibility For Land or Use of Land ..................................................... 32
xx-502 Remedies and Penalties.................................................................................33
(A) Remedies.......................................................................................................33
(1) Withholding of Certificate of Occupancy ................................................... 33
(2) Disapproval of Subsequent Permits and Development Approvals ............... 33
(3) Injunction, Abatements, etc........................................................................33
(4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 33
(5) [Stop Work Order...................................................................................... 33
(B) Civil Penalties...............................................................................................34
(C) Criminal Penalties........................................................................................34
xx-503 Procedures.................................................................................................... 34
(A) Initiation/Complaint....................................................................................34
(B) Inspection.....................................................................................................34
(C) Notice of Violation and Order to Correct...................................................34
(D) Extension of Time........................................................................................35
(E) Enforcement After Time to Correct............................................................35
(F) Emergency Enforcement.............................................................................35
SECTION 6: DEFINITIONS..................................................................................... 366
4

xx-601 Terms Defined............................................................................................. 366
[SECTION 7. Illicit Discharges................................................................................... 39
xx-701 Illicit Discharges and Connections............................................................... 39
(A) Illicit Discharges...........................................................................................39
(B) Illicit Connections........................................................................................40
(C) Spills.............................................................................................................40
(D) Nuisance.....................................................................................................411

SECTION 1: GENERAL PROVISIONS
xx-101 TITLE
This ordinance shall be officially known as "The Universal Stormwater Management
Program Ordinance." It is referred to herein as "this ordinance."
xx-102 AUTHORITY
The CEriniLy City Council, is authorized to adopt this ordinance pursuant to North Carolina
law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
(City of Trinit4; North Carolina General Statutes 143-214.7 and rules promulgated by the
Environmental Management Commission there under; Session Law 2006-246; Chapter
160A, §§ 174,185 and (Chapter 143. Article 21, Part 6 l,Floodwav Regulation, [; Chapter
160A, Article 19 (Planning and Regulation of Development); Chapter 153A, Article 18].
xx-103 FINDINGS
It is hereby determined that:
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;
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
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stormwater controls such as those included in this ordinance.
Therefore, the (Trinity City Council, 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.
Ma[oil ! 0'r-1 0613 *l
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post -development stormwater
runoff and nonpoint and point source pollution associated with new development and
redevelopment [as well as illicit discharges into municipal stormwater systems]. It has
been determined that proper management of construction -related and post -
development stormwater runoff will minimize damage to public and private property

and infrastructure; safeguard the public health, safety, and general welfare; and
protect water and aquatic resources.
(B) Specific
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for development that protects the
integrity of watersheds and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, stream bank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, function, and use
of structural stormwater BMPs that may be used to meet the minimum post -
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of green
space, riparian buffers and other conservation areas to the maximum extent
practicable;
6. Establishing provisions for the long-term responsibility for and maintenance
of structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval
and disapproval of stormwatermanagementplans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
8. Coordinating site design plans that include open space and natural areas with
the (City of Trinity Subdivision Ordinance Sections 6-11 and 6-18 Open Space
Standards. also Zoning Ordinance Section 12-5. open space requirements
[9. Controlling Illicit discharges into the municipal separate stormwater system.]
[10. Assigning responsibility and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.]
M

xx-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
(1) Thresholds
[Residential development that cumulatively disturbs less than one acre and is not part
of a larger common plan of development or sale, and non-residential development that
cumulatively disturbs less than one-half acre and is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
Redevelopment outside the floodplain 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 ordinance
Redevelopment of residential structures 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 ordinance whether or not within the floodplain.
Redevelopment of non-residential structures that disturbs less than one-half acre, that
is not part of a larger common plan of development or sale, that is within the floodplain, and
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 ordinance.
Development and redevelopment that disturb less than a 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.
(2) General exemption
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 ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
E

(D) Map
The provisions of this ordinance shall apply within the areas designated on the map
titled "USMP Stormwater Map of (City of TriniJ4, 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 ordinance.2
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all structural BMPs permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in (City of Trinit:'s code of ordinances), the meaning and application of
the term in this ordinance shall control for purposes of application of this
ordinance.3
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
ordinance. Any person may request an interpretation by submitting a written request
to the Stormwater Administrator, who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manua, or document, it shall be construed as a reference to
the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
10

(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the (City of Trinity), the deadline or required date of
action shall be the next day that is not a Saturday, Sunday or holiday observed by the
(CiZ: of Trinity). References to days are calendar days unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of the (City of Trinity) may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions and events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the NCDENR Stormwater Best
Management Practices Design Manual (referred to as the Design Manual) as the basis
for decisions about stormwater permits and about the design, implementation and
performance of structural and non-structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
11

practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II and other applicable stormwater laws.4
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this
ordinance with regard to the application.
(D) [Amendments to Design Manual]
[The Design Manual used by the City of Trinity was established by NCDENR, may
be updated and expanded from time to time, based on advancements in technology,
engineering and improved knowledge of local conditions. Prior to amending the
Design Manual, proposed changes are expected to be publicized by the State and
made available for review.
xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall (City of Trinity,) be obligated to enforce
the provisions of any easements, covenants, or agreements between private parties.
12

xx-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
xx-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on , 200_.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted and approved by the (Cit,v of Trinity) prior to the effective date of
this ordinance 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 ordinance dealing with the control and/or management of
post -construction runoff, but shall be required to comply with all other applicable
provisions[, including but not limited to illicit discharge provisionsl.
A phased development plan shall be deemed approved prior to the effective date of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
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 ordinance 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 this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, development, construction, or other
activity complies with the provisions of this ordinance.
13

SECTION 2: ADMINISTRATION AND PROCEDURES
xx-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the (Trinity City Council) to
administer and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the (City of Trinity Ordinance) and other laws, the Stormwater Administrator
shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
Any person may request an interpretation by submitting a written
request to the Stormwater Administrator who shall respond within 30
calendar days. The Stormwater Administrator shall keep on file a record
of all written interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the (Trinity QZ: Council) on applications for
development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the (Trinity CitX
Council and the Stormwater Advisory Board), upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
14

xx-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs
and elements of site design for stormwater management other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator or his or her designee by the land owner or the land owner's duly
authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator [Stormwater Advisory Board] shall establish
requirements for the content and form of all applications and shall amend and
update those requirements from time to time. At a minimum, the stormwater
permit application shall describe in detail how post -development stormwater
runoff will be controlled and managed, the design of all stormwater facilities
and practices, and how the proposed project will meet the requirements of this
ordinance. The Stormwater application and plan checklist will be available at the
office of the Stormwater Administrator or Planning officer for the City of
Trinity.
(2) Submission Schedule
The Stormwater Administrator [Stormwater Advisory Board] shall establish a
submission schedule for applications. The schedule shall establish deadlines by
which complete applications must be submitted for the purpose of ensuring
that there is adequate time to review applications; and that the various stages in
the review process are accommodated.
15

(3) Permit Review Fees
The (Trinity City Council) 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.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
[Within 30 working days after a complete application is submitted,] the
Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
16

(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator [within U working days] after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee for a new submittal.
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 ordinance.
xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the development process.
The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans, the (Cit,v of Trinity's Land Use Develol2ment Plan), and other
relevant resource protection plans should be consulted in the discussion of the
concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) 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.
(2) 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
17

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.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(D).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with
the approved stormwater management plans and designs, and shall submit actual "as
built" plans for all stormwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
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(D) Other Permits
No certificate of compliance or occupancy shall be issued by the (Randolph County)
without final as -built plans and a final inspection and approval by the Stormwater
Administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the (Randolph County) may elect to withhold a percentage
of permits or certificates of occupancy until as -built plans are submitted and final
inspection and approval has occurred.
xx-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and federal
authorities.
(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial
progress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the (Board of Adjustment) within
30 days.
(B) [Filing of Appeal and Procedures]
[Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by (City of TrinitX). The
Stormwater Administrator shall transmit to the (the Board of Adjustments) all
documents constituting the record on which the decision appealed from was taken.
The hearing conducted by the (Board of Adjustments) shall be conducted in the
nature of a quasi-judicial proceeding with all findings of fact supported by
competent, material evidence. ]
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(C) [Review by Superior Court]
[Every decision of the (Board of Adjustments shall be subject to Superior Court
review by proceedings in the nature of certiorari. Petition for review by the Superior
Court shall be filed with the Clerk of Superior Court within thirty (30) days after the
latter of the following:
(1) The decision of the (Board of Adjustments) is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed
a written request for such copy with the (Chair or Secretary of the Board of
Adjustments) at the time of its hearing of the case.]
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SECTION 3: STANDARDS
xx-301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section.
xx-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback requirement
All impervious surfaces, except for roads, paths, and water dependent structures,
shall be located at least 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 complete 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.
(B) No new impervious or partially pervious surface in floodplain
For development activities outside the counties subject to the Coastal Area
Management Act of 1974, no new impervious or partially pervious surfaces, except
for roads, paths, and water dependent structures, shall be allowed within the
floodplain
xx-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS
Owners of property subject to this ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the following
standards:
(A) The measures shall control and treat runoff from the first inch of rain.
Runoff volume drawdown time for wet detention ponds shall be a
minimum of 48 hours, but not more than 120 hours.
(B) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
removal for Total Suspended Solids (TSS);
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Design Manual;
21

(D) The measure shall discharge the storage volume at a rate equal or less than
the pre -development discharge rate for the 1-year, 24-hour storm.
(E) The approval of the stormwater permit shall require enforceable restrictions
on property usage that runs with the land, including recorded deed
restrictions and protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project plans.
xx-305 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice, in the Design Manual. The Stormwater
Administrator shall review whether proposed BMPs will be adequate to meet the
requirements of this ordinance. All BMP's shall be certified to be in compliance with
the Design Manual by the designing professional engineer.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual will be presumed
to meet the minimum water quality and quantity performance standards of this
ordinance. Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and specifications in the
Design Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for
the Stormwater Administrator to determine whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table 5
xx-306 STREAM BUFFER REQUIRED
A stream buffer with a minimum width as specified in the table below measured landward
from the normal pool elevation of impoundments and from the top of bank of each side of
streams or rivers shall be maintained along all perennial and intermittent streams. This
requirement is not applicable to enclosed subsurface drainage segments of intermittent
streams, or to perennial streams outside of water supply watersheds in which the North
Carolina Division of Water Quality has issued a 401 Water Quality Certification. No new
22

development is allowed in the buffer except for water dependent structures, other structures
such as flag poles, signs and security lights which result in only diminutive increases in
impervious area and public projects such as road crossings and greenways where no practical
alternative exists. These activities shall minimize built -upon surface area, direct runoff away
from the surface waters and maximize the utilization of stormwater BMPs. The stream
buffer for the NPDES water supply districts other than Randleman Lake shall have the first
(20) feet from top of bank, landward, designated as a Water Quality Conservation Easement
(WQCE) and the remainder of the stream buffer shall be a vegetated area.
Randleman Lake - the Low Density Option the stream buffer shall be comprised of Zone 1,
which shall be an undisturbed area of vegetation extending a distance of (30) feet landward
from the top of bank along both sides of the stream and Zone 2, which begins at the outer
edge of Zone 1 and extends (20) feet and shall be vegetated. Under the High Density
Option, the first (50) feet of stream buffers shall conform requirements of Zone 1 and 2,
the remainder shall be vegetated. All runoff shall be diffuse flow into the riparian buffer by
dispersing concentrated flow and vegetating. Concentrated flow from new ditches or
manmade conveyances shall be converted to diffuse flow before entering Zone 2 of the
buffer.
NOTE: All stream buffers shall be labeled on recorded plats as "Drainage and Stream
Buffer Easement".
WATERSHED
LOW DENSITY DEV.
HIGH DENSITY DEV.
Perennial Streams,
Intermittent Streams
Perennial Streams,
Intermittent Streams
Lakes and Ponds
Lakes and Ponds
WS — III
30 ft.
30 ft.
100 ft.
30 ft.
Uwharrie River
WS — IV
50 ft.
50 ft.
100 ft.
50 ft.
Randleman Lake
fly—� Z14MI
(A) Any person may petition the (City of Trinity), for a variance granting permission to use
the person's land in a manner otherwise prohibited by this ordinance. To qualify for a
variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(B) The (City of Trimly may impose reasonable and appropriate conditions and safeguards
upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
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(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.
(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 less adverse impact to
surface waters.
xx-308 DEVELOPMENT REGULATIONS
(A) Establishment of Watershed Overlay Districts.
To provide an additional layer of protection for drinking water supply watersheds,
the following watershed overlay district is established
Uwharrie River (Lake Reece) WS — III — BW (Balance of Watershed)
(1) Low Density Development. In order to maintain a low to medium land use
intensity pattern, single family detached uses shall development at a maximum of
two (2) dwelling units per acre. However, in the absence of public sewer, all waste
treatment must be permitted by the County Health Department, in which case the
minimum lot size is 40,000 sq. ft. All other residential and non-residential
development shall be allowed a maximum of twenty-four percent (24%) built -upon
area.
(2) Cluster Development -High Density.
(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 less adverse impact to
surface waters.
(1) [Pet waste]
(a) Dogs At Large Prohibited
24

It shall be unlawful for the owner of any dog to allow the animal to be off the
premises of his owner and not on a leash in (Cit; of Trinity).
(b) Restrictions on Pet Waste
(I) 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.
(h) 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.
(iii) "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 these ordinances.
(iv) This provision shall not apply to handicapped persons assisted by
trained guide or assistance dogs.
(v) "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.
25

SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural
BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant to
this ordinance shall have an Annual Inspection performed by the (City of Trinity)
Stormwater Administrator or designee. The inspection report shall contain all of the
following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and
are in compliance or not in compliance (stating reasons and corrective
action) with the terms and conditions of the approved maintenance
agreement required by this ordinance.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
along with the as -built certification
xx-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a structural BMP pursuant to this ordinance, the
applicant or owner of the site must execute an operation and maintenance agreement
that shall be binding on all subsequent owners of the site, portions of the site, and
lots or parcels served by the structural BMP. Until the transference of all property,
sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.

The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to (City of Trinity) a right of entry in the event that the Stormwater
Administrator has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the structural BMP; however, in no case shall the right
of entry, of itself, confer an obligation on (Cit,y of TriniJ4 to assume responsibility
for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval. A
copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation.
(B) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, 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 control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural BMPs. If structural BMPs are not
performing adequately or as intended or are not properly maintained, the
(Cit,y of Trinity), in its sole discretion, may remedy the situation, and in such
instances the (CiZ: of Trinity) shall be fully reimbursed from the escrow
account. Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs, provided that the (City of Trinity)
shall first consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial construction
cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited within ten (10) years
following initial construction of the structural BMPs. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
27

(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the (City of Trinity) depending on the
design and materials of the stormwater control and management facility.
(5) Granting to the (City of Trinity) a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6) Allowing the (City of Trinity) to recover from the association and its
member's any and all costs the (City of Trinity) expends to maintain or
repair the structural BMPs or to correct any operational deficiencies. Failure
to pay the (City of Trinity) all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. In case of a
deficiency, the (Cityy of Trinity) 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.
(7) A statement that this agreement shall not obligate the (City of TrinitT_to
maintain or repair any structural BMPs, and the (City of Trinit):) shall not be
liable to any person for the condition or operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the (Cit,y of Trinity) to enforce any of its ordinances as
authorized by law.
(9) A provision indemnifying and holding harmless the (City of Trinity) for any
costs and injuries arising from or related to the structural BMP, unless the
(City of Trinity) has agreed in writing to assume the maintenance
responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
xx-403 INSPECTION PROGRAM
Inspections and inspection programs by (City of Trinity) shall be conducted or
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater,
and material or water in BMPs; and evaluating the condition of BMPs.6
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
28

xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required
The (Cij�: of Trinity) may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the structural BMPs are
(1) Installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BMPs approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this ordinance, or
an operation and maintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the (City of Trinity) shall not return any of the
unused deposited cash funds or other security, which shall be retained for
maintenance.
29

(3) Costs in Excess of Performance Security
If (City of Trinity) takes action upon such failure by the applicant or owner, the
(City of Trinity) may collect from the applicant or owner the difference between
the amount of the reasonable cost of such action and the amount of the security
held, in addition to any other penalties or damages due.
(4) Refund
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount attributable
to the cost (plus 25%) of landscaping installation and ongoing maintenance
associated with the BMPs covered by the security. Any such landscaping shall
be inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
xx-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation easement,
pertaining to every structural BMP shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement, conservation easement, 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.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, structural BMPs shall be posted with a conspicuous
sign stating who is responsible for required maintenance and annual inspection. The
sign shall be maintained so as to remain visible and legible.
xx-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.?
xx-407 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
30

xx-408 [MAINTENANCE EASEMENT
Every structural BMP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair by a 20ft (Foot) maintenance easement. The easement shall
be recorded and its terms shall specify who may make use of the easement and for what
purposes.
31

SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of (City of Trinityl.
Whenever this section refers to the Stormwater Administrator, it includes his or her
designee as well as any authorized agent of (Lit): of TriniW.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation
or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. Persons subject to the remedies and penalties set forth herein may include
any architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner, any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person,
32

who has control over, or responsibility for, the use, development or redevelopment of
the property.
xx-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served by the stormwater practices in question
until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
(Cit,v of Trinity. Planning and Zoning Board) may disapprove, any request for
permit or development approval or authorization provided for by this ordinance or
the (zoning, subdivision, and/or building regulations, as appropriate) for the
land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the
Yana er , may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a
violation of this ordinance. Any person violating this ordinance shall be subject
to the full range of equitable remedies provided in the General Statutes or at
common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. §
160A-193, the Stormwater Administrator, with the written authorization of the
(Citv Manager), may cause the violation to be corrected and the costs to be
assessed as a lien against the property.
(5) [Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
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order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations.
Commentary: A stop work order is an important tool where, as in the case of stormwater violations, the
consequences of delay in halting illegal activity can result in significant harm to the environment and
public health, safety or welfare. However, the enabling authority for use of a stop work order by local
governments is unclear. As a practical matter, if a legal challenge is brought to a local government's use of
a stop work order, it is unlikely to result in negative consequences for the local government, since the legal
remedy would likely consist of the court's invalidation of the stop work order.
If a local government chooses to include this stop work provision, it should do so in consultation with legal
counsel, and an accelerated appeal process pursuant to Section xx-205, Appeals, should be provided for
situations where a stop work order is applied. One way to accelerate the appeal process is to shorten the
timeframe for review of appeals. A special or emergency Board of Adjustment meeting could be called, so
that a party seeking to challenge a stop work order would achieve a speedy resolution of the matter.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
which (Cit,v of Trinity) is subject for violations of its USMP Stormwater permit, or if
no USMP Stormwater permit exists for the jurisdiction, civil penalties may be
assessed up to the full amount allowed by law.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property ou ner or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessary action to abate the
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violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the (Cit; of Trinity code enforcement personnel), by certified or
registered mail, return receipt requested, or by any means authorized for the service
of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the
land on which the violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control
of the person requesting the extension, the Stormwater Administrator may extend
the time limit as is reasonably necessary to allow timely correction of the violation,
up to, but not exceeding 90 days. The Stormwater Administrator may grant
60 -day extensions in addition to the foregoing extension if the violation
cannot be corrected within the permitted time due to circumstances beyond the
control of the person violating this ordinance. The Stormwater Administrator may
grant an extension only by written notice of extension. The notice of extension shall
state the date prior to which correction must be made, after which the violator will
be subject to the penalties described in the notice of violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
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SECTION 6: DEFINITIONS
xx-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Best Management Practice (BMP)
A structural or nonstructural management -based practice used singularly or in combination
to reduce nonpoint source inputs to receiving waters in order to achieve water quality
protection goals.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. `Built -upon area" does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material.
Conservation Easement for Drainageway
Land designated for use as open or subsurface channel conveying the flow from a one -
hundred year storm event. Conservation Easements shall be left in its natural condition or
graded to a section approved by the Stormwater Administrator or designee which allow
economical and efficient maintenance and shall be stabilized with permanent vegetative
cover.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual (NCDENR) approved for use in Phase II jurisdictions by the
Department [developed by (City of Trinij;o and certified by this jurisdiction [approved by the
Division] as at least as stringent as the stormwater design manual approved for use in Phase 11
jurisdictions by the Department] for the proper implementation of the requirements of the
federal Phase II stormwater program. All references herein to the Design Manual are to the
latest published edition or revision.
Development
Any land -disturbing activity that increases the amount of built upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department.
Floodplain
The one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain
Mapping Program in the Division of Emergency Management.

Larger common plan of development or sale
Any area where multiple, separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or
exceeded, on average, once in 12 months and with duration of 24 hours.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of
management and control of the property. "Owner" shall include long-term commercial
tenants; management entities, such as those charged with or engaged in the management of
properties for profit; and every person or entity having joint ownership of the property. A
secured lender not in possession of the property does not constitute an owner, unless the
secured lender is included within the meaning of "owner" under another description in this
definition, such as a management entity.
Redevelopment
Any development on previously -developed land, other than a rebuilding activity that results in
no net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Storm, One -Hundred (100)-Year
The surface runoff resulting from a rainfall of an intensity that has a one (1) percent chance
of being equaled or exceeded in any given year and of a duration which will produce the
maximum peak rate of runoff for the watershed of interest under average antecedent
wetness conditions
Stream Buffer
A natural or vegetated area through which stormwater runoff flows in a diffuse manner so
that the runoff does not become channelized and which provides for infiltration of the
runoff and filtering pollutants. The buffer width is measured landward from the normal pool
elevation of impoundments and from the top of bank of each side of the streams or rivers.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre -development hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BMP" is synonymous with "structural practice,"
"stormwater control facility," "stormwater control practice," "stormwater treatment
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practice," "stormwater management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and
approval of on -site infrastructure; or obtaining a building permit for the construction and
approval of a building foundation. "Substantial progress" for purposes of determining
whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law.
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[SECTION 7: ILLICIT DISCHARGES
xx-701 ILLICIT DISCHARGES AND CONNECTIONS' -
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land
in manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than stormwater;
provided that non-stormwater discharges associated with the following activities are allowed
and provided that they do not significantly impact water quality:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8)
Foundation drains;
(9)
Air conditioning condensation;
(10)
Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) De -chlorinated swimming pool discharges;
(18) Street wash water; and
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(19) Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any such
discharges to the municipal separate storm sewer system shall be authorized by (Liof
rini ).
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in subsection (A)
above, are unlawful. Prohibited connections include, but are not limited to: floor drains,
waste water from washing machines or sanitary sewers, wash water from commercial vehicle
washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property ovner or the person using said connection shall remove the
connection within one year following the effective date of this ordinance. However, the
one-year grace period shall not apply to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and safety,
or are likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate threat
to health and safety, or is likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat, or
b. Was made in violation of any applicable regulation or ordinance, other than this
section;
The Stormwater Administrator shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take
into consideration:
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
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
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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 (Randolph County Fire Chie-0 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 (City of TriniW 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 section 1 subsectionsl and
9(City of Trinity, Declaration of Public Nuisance)
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