NCS000402_25_Phase II Post Construction Ordinacne Adopted_20210607

Phase H Stormwater
Post- Construction Ordinance
City of Mebane
Adopted by Mebane City Council
May 7, 2007

This Page Intentionally Left Blank

Table of Contents
Section 1: GENERAL PROVISIONS.....................................................................1
101
Title......................................................................................................... 1
102
Authority..................................................................................................1
103
Findings.................................................................................................. 1
104
Purpose...................................................................................................1
105
Applicability and Jurisdiction................................................................... 3
106
Interpretation........................................................................................... 4
107
Stormwater BMP Design Manual............................................................ 6
108
Relationship to Other Laws, Regulations and Private Agreements......... 7
109
Severability............................................................................................. 7
110
Effective Date.......................................................................................... 7
Section 2: ADMINISTRATION AND PROCEDURES............................................8
201 Review and Decision -Making Entities ..................................................... 8
202 Review Procedures.................................................................................8
203 Applications for Approval...................................................................... 11
204 Approvals.............................................................................................. 13
205 Appeals................................................................................................. 14
Section 3: STANDARDS..................................................................................... 15
301 General Standards................................................................................ 15
302
Development Standards for Low -Density Projects ................................
15
303
Development Standards for High -Density Projects ...............................
16
304
Standards for Stormwater Control Measures ........................................
17
305
Dedication of BMP's, Facilities, and Improvements ..............................
17
306
Variances..............................................................................................
18
307
Nutrient Sensitive Waters Program.......................................................
19
308
Nutrient Management and Application Program ...................................
19
309
On -site Wastewater Treatment Systems ...............................................
22
Section 4: MAINTENANCE................................................................................. 23
401 General Standards for Maintenance..................................................... 23

402 Operation and Maintenance Agreement ............................................... 23
403 Inspection Program...............................................................................25
404 Performance Security for Installation and Maintenance ........................ 26
405 Notice to owners................................................................................... 27
406 Records of Installation and Maintenance Activities ............................... 28
407 Nuisance...............................................................................................28
408 Maintenance Easement........................................................................ 28
Section 5: ENFORCEMENT AND VIOLATIONS ................................................. 29
501 General.................................................................................................29
502 Remedies and Penalties....................................................................... 30
503 Procedures............................................................................................31
Section 6: DEFINITIONS.....................................................................................34
601 Terms Defined...................................................................................... 34

SECTION 1: GENERAL PROVISIONS
101 Title
This ordinance shall be officially known as "The Phase II Stormwater
Ordinance." It is referred to herein as "this ordinance."
102 Authority
The City of Mebane is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the
Constitution of North Carolina; North Carolina General Statutes 143-214.7
and rules promulgated by the Environmental Management Commission
thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185.
103 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding,
soil erosion, stream channel erosion, nonpoint and point source pollution,
and sediment transport and deposition, as well as reducing groundwater
recharge;
These changes in stormwater runoff contribute to increased quantities of
water -borne pollutants and alterations in hydrology which 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 the minimum
stormwater controls such as those included in this ordinance.
Therefore, the Mebane 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.
104 Purpose
(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
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increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment.
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 preserve the health of
water resources;
2. Requiring that new development and redevelopment maintain the
pre -development hydrologic response in their post -development
state as nearly as practicable for the applicable design storm to
reduce flooding, streambank erosion, nonpoint and point source
pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction,
function, and use of structural stormwater BMPs that may be used
to meet the minimum post -development stormwater management
standards;
5. Encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for
stormwater and the preservation of greenspace, riparian buffers,
and other conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to
ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
7. Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
inspection of approved projects, and to assure appropriate long-
term maintenance.
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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, and subdivision applications within the
corporate limits and extraterritorial jurisdiction of the City of Mebane,
unless exempt pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
Development that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that does not result in a net increase in built -upon area
and that provides greater or equal stormwater control than the previous
development, and is not part of a larger common plan of development.
Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate or distinct activities
take place at different times on different schedules.
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.
Transitional Provisions and Exemptions
a. Final Approvals, Complete Applications
All development and redevelopment projects for which complete
and full applications were submitted and approved by the City of
Mebane 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 included in the project approval documents.
A phased development plan shall be deemed approved prior to
the effective data 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:
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• 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.
• 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.
b. 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.
(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.
(D) Stormwater Map
The provisions of this ordinance shall apply within the areas designated
on the map titled "Phase II Stormwater Map of City of Mebane, North
Carolina" ("the Stormwater Map"), which is adopted simultaneously
herewith. The Stormwater Map and all explanatory matter contained
thereon accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater
Administrator and shall be updated to take into account changes in the
land area covered by this ordinance and the geographic location of all
structural BMPs permitted under this ordinance. In the event of a
dispute, the applicability of this ordinance to a particular area of land or
BMP shall be determined by reference to the North Carolina Statutes,
the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
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 The City of Mebane's
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code of ordinances, the meaning and application of the term in this
ordinance shall control for purposes of application of this ordinance.
(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 Stormwater BMP Design Manual), or
document, it shall be construed as a reference to the most recent edition
of such that has been finalized and published with due provision for
notice and comment, unless otherwise specifically stated.
(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
Mebane, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the City of
Mebane. 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 Mebane may be carried out by
his or her designee.
(G) Usage
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
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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.
107 Stormwater BMP Design Manual
(A) Reference to the Manual of Stormwater Best Management Practices
(BMP).
The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the
latest published edition or revision of the North Carolina Department of
the Environment and Natural Resources -Division of Water Quality's
Manual of Stormwater Best Management Practices (referred to herein
as the Stormwater BMP Design Manual). The BMP Stormwater BMP
Design Manual will serve as the basis for decisions about stormwater
permits and about the design, implementation and performance of
structural and non-structural stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable
stormwater treatment practices, including specific design criteria for
each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
(B) Relationship of Stormwater BMP Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the Stormwater BMP Design Manual
are more restrictive or apply a higher standard than other laws or
regulations, that fact shall not prevent application of the specifications or
guidelines in the Stormwater BMP Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Stormwater BMP Design Manual are amended
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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.
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 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 Mebane be
obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
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.
110 Effective Date
(A) Effective Date
This Ordinance shall take effect on July 1, 2007.
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SECTION 2: ADMINISTRATION AND PROCEDURES
201
202
Review and Decision -Making Entities
(A) Stormwater Administrator
Designation
Unless otherwise designated by the Mebane City Council, the
Stormwater Administer shall be the City Manager or his designee.
The Stormwater Administer shall 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 Mebane code and other laws, the
Stormwater Administrator shall have the following powers and duties
under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this
ordinance.
c. To establish application requirements and schedules for
submittal and review of applications and appeals, to review and
make recommendations to the Mebane City 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 Mebane
City Council, 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.
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.
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(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 by the land owner or the land owner's duly
authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
Application Contents and Form
The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the stormwater
permit application shall describe in detail how post -development
stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project
will meet the requirements of this ordinance.
2. Submission Schedule
The Stormwater Administrator shall establish a submission schedule
for applications, which shall be reviewed and approved by the
Mebane City Council. 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.
3. Permit Review Fees
The Mebane 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.
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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 Stormwater BMP
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 10 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.
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.
3. Revision and Subsequent Review
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A complete revised application shall be reviewed by the Stormwater
Administrator within 10 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.
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 sketch or
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. Watershed Overlay Districts 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:
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.
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Existing and proposed topography shall be shown at two -foot
contour intervals on the tract to be developed and a minimum of
100-feet beyond the property lines. All contour information shall be
based on mean sea level and accurate to within one-half foot, The
benchmark, with its description and the datum, shall be clearly
shown on the plan.
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 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 flood plain/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,
The plans shall contain a signed and sealed statement certifying that the
design of all stormwater management facilities and practices will control
and treat the runoff generated from one inch of rainfall over the total
project area, that the designs and plans are sufficient to comply with
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applicable standards and policies found in the Stormwater BMP 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 202(E).
(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, under seal, that the completed
project is in accordance with the approved stormwater management
plans and designs and with the requirements of this ordinance. The
applicant shall submit all of the information required in the As -Built
submittal checklist established by the Stormwater Administrator. As -
built submittals shall be certified by a qualified registered North Carolina
professional engineer, surveyor, soil scientist or landscape architect. A
final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the City of
Mebane without final as -built plans and a final inspection and approval
by the Stormwater Administrator.
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 has failed
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.
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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 Mebane City Council 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 Mebane. The Stormwater Administrator shall forthwith transmit to
the Mebane City Council all documents constituting the record on which
the decision appealed from was taken.
The hearing conducted by the Mebane City Council shall be conducted
in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence.
(C) Review by Superior Court
The decision of the Mebane City Council 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:
The decision of the Mebane City Council 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 Mebane City
Council at the time of its hearing of the case.
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SECTION 3: STANDARDS
301 General Standards
All development and redevelopment to which this ordinance applies shall
comply with the standards of this section. The design and construction of
stormwater improvements shall be according to the City of Mebane Storm
Sewer Design Manual which requirements are hereby adopted and made a
part of this Ordinance as if set out in full.
302 Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-
four percent built -upon area for all residential and non-residential
development) shall comply with each of the following standards:
(A) Stormwater Conveyance
Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(B) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A perennial or intermittent
surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by
the United States Geologic Survey (USGS). An exception to this
requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar
site -specific determination made using Division -approved methodology.
(C) Density Provision
A project with an overall density at or below the low -density thresholds,
but containing areas with a density greater than the overall project
density, may be considered low density as long as the project meets or
exceeds the post -construction model practices for low -density projects
and locates the higher density in upland areas and away from surface
waters and drainageways to the maximum extent practicable.
(D) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
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development and redevelopment maintains the site consistent with the
approved project plans.
303 Development Standards for High -Density Projects
High -density projects (any project that exceeds the low density thresholds
for dwelling units per acre or built -upon area) shall implement structural
stormwater management systems that comply with each of the following
standards:
(A) Treatment Volume
The measures shall be designed to control and treat the stormwater run-
off generated by the 1" (one inch) of rain;
(B) Drawdown Time
Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours;
(C) Post -Development Flows
Stormwater shall not leave the project site at a rate greater than the
predevelopment discharge rate for the ten-year, 24-hour storm;
(D) Total Suspended Solids Removal
All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS);
(E) General Design Criteria
General engineering design criteria for all projects shall be in
accordance with 15A NCAC 2H .1008(c), as explained in the Design
Manual;
All stormwater control measures that incorporate a permanent or
temporary water pool with depth greater than two feet shall be fenced.
The fence shall meet the design standards maintained by the
Stormwater Administrator.
(F) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all
perennial and intermittent surface waters. A surface water shall be
deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be
Mebane Stormwater Ordinance Page 16 2007

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.
(G) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
304 Standards for Stormwater Control Measures
(A) Evaluation According to Contents of Stormwater BMP 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 Stormwater BMP Design Manual. The
Stormwater Administrator shall determine whether proposed BMPs will
be adequate to meet the requirements of this ordinance.
(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
Stormwater BMP 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 Stormwater BMP 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
305 Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of the property or a
Mebane Stormwater Ordinance Page 17 2007

legally established property owner's association. Such facilities shall meet
all the requirements of this ordinance and include adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and
regular maintenance.
306 Variances
(A) Petition
Any person may petition the City of Mebane for a variance granting
exceptions from the 30-foot landward location of built -upon area
requirement as well as the deed restrictions and protective covenants
requirement as follows:
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) Conditions and safeguards
The City of Mebane 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:
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
Mebane Stormwater Ordinance Page 18 2007

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.
307 Nutrient Sensitive Waters Program
In addition to the standards for stormwater handling set out in the
Stormwater BMP Design Manual, development and redevelopment shall
design and implement the best stormwater practices that reduce nutrient
loading, while still meeting the other requirements of this ordinance.
308 Nutrient Management and Application Program
This section requires both inorganic fertilizer and organic nutrient application
to be performed with the most current state -recognized technical guidance
on proper nutrient management.
(A) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the City of Mebane as follows.
Persons who own or manage cropland areas for commercial
purposes;
2. Persons who own or manage commercial ornamental and
floriculture areas and greenhouse production areas;
3. Persons who own or manage golf courses, grassed public
recreational lands, grassed road or utility rights -of -way, or other
institutional lands totaling at least five acres in size;
4. Persons hired to apply nutrients to the lands described in Sub -Items
(1) through (3) above or to residential, commercial, industrial or
institutional properties, if the total area of the properties served
exceeds 10 acres. This shall not apply to residential, commercial, or
industrial landowners who apply nutrients to their own property.
5. Nutrient management consultants hired by persons listed in this
Item to provide nutrient management advice for lands in the City's
jurisdiction.
(B) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
Mebane Stormwater Ordinance Page 19 2007

Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
City's jurisdiction shall either:
a. Attend and complete nutrient management training pursuant to
Item 308(C) of this Section; or
b. Complete and properly implement a nutrient management plan
for all lands to which they apply or manage the application of
nutrients, or for which they provide nutrient management advice,
pursuant to Item 308(D) of this Section.
2. Persons who hire an applicator to apply nutrients to the land that
they own or manage shall either:
a. Ensure that the applicator they hire has attended and completed
nutrient management training pursuant to Item 308(C) of this
Section; or
b. Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage
pursuant to Item 308(D) of this Section; or
c. Complete a nutrient management plan for the land that they
own or manage pursuant to Item 308(D) of this Section and
ensure that the applicator they hire follows this plan.
(C) Nutrient Management Training
Persons who choose to meet this requirement by completing nutrient
management training shall meet the following requirements.
1. Persons who are subject to this Ordinance as of its effective date,
and persons who become subject to this Ordinance after its effective
date, shall complete training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality within five years
and obtain a certificate from the training entity to that effect.
Training shall be sufficient to provide participants with an
understanding of the value and importance of proper management
of nitrogen and phosphorus, and the water quality impacts of poor
nutrient management, and the ability to understand and properly
carry out a nutrient management plan.
2. Persons who become subject to this Ordinance after its effective
date shall complete the training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality and obtain a
certificate to that effect from the training entity within one year from
the date that they become subject verifying completion of training
that addresses the elements identified in 308(C)1.
Mebane Stormwater Ordinance Page 20 2007

3. Persons who fail to obtain the nutrient management certificate within
the required timeframes or who are found by the Stormwater
Administrator to have knowingly failed to follow nutrient
management requirements as referenced in 308(D)1 through
308(D)1.c of this section shall develop and properly implement
nutrient management plans pursuant to Item (e) of this Section.
4. Training certificates must be kept on -site, at the job site, or be
produced within 24 hours of a request by the City of Mebane.
(D) Nutrient Management Plans
Persons who choose to meet the nutrient application requirement by
completing and implementing a nutrient management plan shall meet
the following requirements.
Persons who are subject to this Ordinance as of its effective date
and persons who become subject to this Ordinance after its effective
date shall develop and implement a nutrient management plan that
meets the following standards within five years of the effective date
or within 6 months from the date that they become subject,
whichever is later.
a. Nutrient management plans for cropland shall meet the
standards and specifications adopted by the NC Soil and Water
Conservation Commission, including those found in 15A NCAC
06E .0104 and 15A NCAC 06F .0104, which are incorporated
herein by reference, including any subsequent amendments and
additions to such rules that are in place at the time that plans
are approved by a technical specialist as required under
308(D)2 of this section.
b. Nutrient management plans for turfgrass shall follow the North
Carolina Cooperative Extension Service guidelines in "Water
Quality and Professional Lawn Care" (NCCES publication
number WQMM-155), "Water Quality and Home Lawn Care"
(NCCES publication number WQMM-151), or other equivalent
or more stringent guidance distributed by land-grant universities
for turfgrass management.
c. Nutrient management plans for nursery crops and greenhouse
production shall follow the Southern Nurserymen's Association
guidelines promulgated in "Best Management Practices Guide
For Producing Container -Grown Plants" or guidelines distributed
by land-grant universities. The materials related to nutrient
management plans for turfgrass, nursery crops and greenhouse
production are hereby incorporated by reference including any
subsequent amendments and editions and are available for
inspection at the Department of Environment and Natural
Mebane Stormwater Ordinance Page 21 2007

Resources Library, 512 North Salisbury Street, Raleigh, North
Carolina.
2. The person who writes the nutrient management plan shall have the
plan approved in writing by a technical specialist. Appropriate
technical specialists shall be as follows.
a. Nutrient management plans for cropland using either inorganic
fertilizer or organic nutrients shall be approved by a technical
specialist designated pursuant to the process and criteria
specified in Rules adopted by the Soil and Water Conservation
Commission for nutrient management planning, including 15A
NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule.
b. Nutrient management plans for turfgrass and nursery crops and
greenhouse production shall be approved by a technical
specialist designated by the Soil and Water Conservation
Commission pursuant to the process and criteria specified in
15A NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule. If
the Soil and Water Conservation Commission does not
designate such specialists, then the Environmental
Management Commission shall do so using the same process
and criteria.
3. Nutrient management plans and supporting documents must be
kept on -site or be produced within 24 hours of a request by the City.
309 On -site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on -site
wastewater treatment systems, a copy of the approved system permit
issued by the Alamance County Environmental Health Department shall be
provided to the Stormwater Administrator.
Mebane Stormwater Ordinance Page 22 2007

SECTION 4: MAINTENANCE
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 submit to the Stormwater Administrator
an annual inspection report from one of the following persons
performing services only in their area of competence: a qualified
registered North Carolina professional engineer, surveyor, or landscape
architect, soil scientist, aquatic biologist, or person certified by the North
Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall
contain all of the following:
1. The name and address of the land owner,
2. The recorded book and page number of the lot of each structural
BMP;
3. A statement that an inspection was made of all structural BMPs;
4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
6. The original signature and seal of the engineer, surveyor, or
landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built
certification.
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
Mebane Stormwater Ordinance Page 23 2007

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
Mebane 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 City of Mebane 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 City of Mebane, in its sole discretion, may
remedy the situation, and in such instances the City of Mebane 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
Mebane 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
Mebane Stormwater Ordinance Page 24 2007

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.
4. The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the City of Mebane depending on
the design and materials of the stormwater control and management
facility.
5. Granting to the City of Mebane a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
6. Allowing the City of Mebane to recover from the association any and
all costs the City of Mebane expends to maintain or repair the
structural BMPs or to correct any operational deficiencies. Failure to
pay the City of Mebane all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. In case of
a deficiency, the City of Mebane 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
Mebane to maintain or repair any structural BMPs, and the City of
Mebane 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 City of Mebane to enforce any of its
ordinances as authorized by law.
9. A provision indemnifying and holding harmless the City of Mebane
for any costs and injuries arising from or related to the structural
BMP, unless the City of Mebane 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.
403 Inspection Program
Inspections and inspection programs by City of Mebane may be conducted
or established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or
Mebane Stormwater Ordinance Page 25 2007

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.
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.
404 Performance Security for Installation and Maintenance
(A) May Be Required
The City of Mebane 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
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
equal to forty (40) percent of the total estimated construction cost of
the BMP approved under the permit.
(C) Uses of Performance Security
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
Mebane Stormwater Ordinance Page 26 2007

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 Mebane shall not return any of the
unused deposited cash funds or other security, which shall be
retained for maintenance.
3. Costs in Excess of Performance Security
If City of Mebane takes action upon such failure by the applicant or
owner, the City 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, with the
exception of 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.
405 Notice to owners
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement 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 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
Mebane Stormwater Ordinance Page 27 2007

maintenance and annual inspection. The sign shall be maintained so as
to remain visible and legible.
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.
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.
408 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance
easement. This access maintenance easement shall have a minimum width
of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be
cleared, and be traversable by construction equipment. The easement shall
be recorded and its terms shall specify who may make use of the easement
and for what purposes.
Mebane Stormwater Ordinance Page 28 2007

SECTION 5: ENFORCEMENT AND VIOLATIONS
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
Mebane. Whenever this section refers to the Stormwater Administrator,
it includes his or her designee as well as any authorized agent of City of
Mebane.
(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 Ordinance, responsible person(s) shall include
but not be limited to:
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.
Mebane Stormwater Ordinance Page 29 2007

2. Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for
stormwater controls or practices pursuant to a private agreement or
public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the
property.
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
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 Planning Board of the City of Mebane may
disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the Planning Board of
the City of Mebane for the land on which the violation occurs.
3. Injunction, Abatements, etc.
The City Attorney, with the authorization of the City Council, may
institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to
correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies
provided in the General Statutes or at common law.
4. Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public
health or public safety and is within the geographic limits prescribed
by North Carolina G.S. § 160A-193, the Stormwater Administrator,
with the authorization of the City Council, may cause the violation to
Mebane Stormwater Ordinance Page 30 2007

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 order may be withdrawn
or modified to enable the person to take the necessary remedial
measures to cure such violation or violations.
(B) Civil Penalties
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 the City of Mebane is subject for
violations of its Phase II Stormwater permit.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject
to the maximum fine permissible under North Carolina law.
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 owner 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
Mebane Stormwater Ordinance Page 31 2007

violation is occurring, order the necessary action to abate the violation,
and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the
civil penalties to be assessed, the time of their accrual, and the time
within which they must be paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and
correction order personally, by the City Police Department, City Planning
Department, 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 30 days. The Stormwater
Administrator may grant 15 -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
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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 Ordinance.
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SECTION 6: DEFINITIONS
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.
10-year, 24-hour Storm
A stormwater event which occurs on average once every 10 years or
statistically has a 10% chance on average of occurring in a given year. The
10-year, 24 hour storm produces 5.9 inches of rain in the Mebane area.
Applicator
Person who applies fertilizer to the land or the immediate supervisor of such
person.
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.
Commission
The North Carolina Environmental Management Commission
Consultant
Person who is hired to provide professional advice to another person.
Department
The North Carolina Department of Environment and Natural Resources.
Ditch or canal
A man-made channel other than a modified natural stream constructed for
drainage purposes that is typically dug through inter -stream divide areas. A
ditch or canal may have flows that are perennial, intermittent, or ephemeral
and may exhibit hydrological and biological characteristics similar to
perennial or intermittent streams.
Development
Any land disturbing activity which adds to or changes the amount of
impervious or partially pervious cover on a land area or which otherwise
decreases the infiltration of precipitation into the soil, other than rebuilding
activity that does not qualify as redevelopment.
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Director
The director of the Division of Water Quality or the North Carolina
Department of Environment and Natural Resources.
Division
The Division of Water Quality in the Department.
Ephemeral (stormwater) stream
A feature that carries only stormwater in direct response to precipitation with
water flowing only during and shortly after large precipitation events. An
ephemeral stream may or may not have a well-defined channel, the aquatic
bed is always above the water table, and stormwater runoff is the primary
source of water. An ephemeral stream typically lacks the biological,
hydrological, and physical characteristics commonly associated with the
continuous or intermittent conveyance of water.
High -density project
Any project that exceeds the low density threshold for dwelling units per
acre or built -upon area.
Intermittent stream
A well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The
flow may be heavily supplemented by stormwater runoff. An intermittent
stream often lacks the biological and hydrological characteristics commonly
associated with the conveyance of water.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land
disturbing activities will occur under one plan. A plan is any announcement
or piece of documentation (including but not limited to a sign, public notice
or hearing, sales pitch, advertisement, loan application, drawing, permit
application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor
markings) indicating that construction activities may occur on a specific plot.
Low -density project
A project that has no more than two dwelling units per acre or twenty-four
percent built -upon area (BUA) for all residential and non-residential
development. A project with an overall density at or below the relevant
low -density threshold, but containing areas with a density greater than the
overall project density, may be considered low density as long as the project
meets or exceeds the post -construction model practices for low -density
projects and locates the higher density in upland areas and away from
surface waters and drainageways to the maximum extent practicable.
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Owner
The legal or beneficial owner of land, including but not limited to a
mortgagee or vendee in possession, receiver, executor, trustee, or long-
term or commercial lessee, or any other person or entity holding proprietary
rights in the property or having legal power of management and control of
the property. "Owner" shall include long-term commercial tenants;
management entities, such as those charged with or engaged in the
management of properties for profit; and every person or entity having joint
ownership of the property. A secured lender not in possession of the
property does not constitute an owner, unless the secured lender is included
within the meaning of "owner" under another description in this definition,
such as a management entity.
Perennial stream
A well-defined channel that contains water year round during a year of
normal rainfall with the aquatic bed located below the water table for most of
the year. Groundwater is the primary source of water for a perennial
stream, but it also carries stormwater runoff. A perennial stream exhibits
the typical biological, hydrological, and physical characteristics commonly
associated with the continuous conveyance of water.
Runoff
That portion of the precipitation resulting from the 1-year, 24-hour storm that
is discharged from the drainage area.
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.
Stormwater BMP Design Manual
The Stormwater BMP Design Manual approved for use in Phase II
jurisdictions by the North Carolina Department of the Environment and
Natural Resources -Division of Water Quality for the proper implementation
of the requirements of the federal Phase II stormwater program. All
references herein to the Stormwater BMP Design Manual are to the latest
published edition or revision.
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
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synonymous with "structural practice", "stormwater control facility,"
"stormwater control practice," "stormwater treatment practice," "stormwater
management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Surface waters
All waters of the state as defined in G.S. 143-212 except underground
waters.
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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