NCS000405_29_Post Construction Ordinance_20211022

Town of Gibsonville
Phase II Stormwater
Ordinance
Adopted by The Town of Gibsonville Board of Aldermen: June 4, 2007

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Article X: Phase II Stormwater Post -Construction
Section
10-1 GENERAL PROVISIONS............................................................................ 1
10-1.1
Title.........................................................................................................1
10-1.2
Authority..................................................................................................1
10-1.3
Findings..................................................................................................1
10-1.4
Purpose...................................................................................................2
10-1.5
Applicability and Jurisdiction................................................................... 3
10-1.6
Interpretation........................................................................................... 4
10-1.7
Stormwater Best Management Practices (BMPs) Design Manual ..........6
10-1.8
Relationship to Other Laws, Regulations and Private Agreements ......... 6
10-1.9
Severability............................................................................................. 7
10-1.10
Effective Date and Transitional Provisions..............................................7
10-2 ADMINISTRATION AND PROCEDURES ................................................... 9
10-2.1 Review and Decision -Making Entities ..................................................... 9
10-2.2 Review Procedures.................................................................................9
10-2.3 Applications for Approval......................................................................12
10-2.4 Approvals..............................................................................................14
10-2.5 Appeals.................................................................................................15
10-3 STANDARDS............................................................................................ 16
10-3.1 General Standards................................................................................16
10-3.2 Development Standards for Low -Density Projects................................16
10-3.3 Development standards for High -Density Projects................................16
10-3.4 Protection of Existing Riparian Buffers..................................................17
10-3.5 Standards for Stormwater Control Measures ........................................ 24
10-3.6 Dedication of BMPS, Facilities & Improvements...................................25
10-3.7 Variances.............................................................................................. 25
10-3.8 Nutrient Sensitive Waters Program.......................................................26
10-3.9 Nutrient Management and Application Program...................................26
10-3.10 On -site Wastewater Treatment Systems ............................................... 30

10-4 MAINTENANCE........................................................................................31
10-4.1 General Standards for Maintenance..................................................... 31
10-4.2 Operation and Maintenance Agreement ............................................... 32
10-4.3 Inspection Program...............................................................................34
10-4.4 Performance Security for Installation and Maintenance ........................ 34
10-4.5 Notice to Owners................................................................................... 36
10-4.6 Records of Installation and Maintenance Activities...............................36
10-4.7 Nuisance...............................................................................................37
10-4.8 Maintenance Easement........................................................................ 37
10-5 ENFORCEMENT AND VIOLATIONS........................................................ 38
10-5.1 General.................................................................................................38
10-5.2 Remedies and Penalties....................................................................... 39
10-5.3 Procedures............................................................................................40
10-6 DEFINITIONS............................................................................................43
10-7 ILLICIT DISCHARGES.............................................................................. 47
10-7.1 Illicit Discharges and Connections........................................................47
10-7.2 Right of entry.........................................................................................49
10-7.3 Enforcement..........................................................................................50

Article X
Phase II Stormwater Ordinance
10-1 GENERAL PROVISIONS
10-1.1 Title
This ordinance shall be officially known as "The Phase II Stormwater
Ordinance." It is referred to herein as "this ordinance."
10-1.2 Authority
The Town of Gibsonville 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.
10-1.3 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.
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Therefore, the Town of Gibsonville 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.
10-1.4 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
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
protect the integrity of watersheds and preserve the health of water
resources;
(2) Requiring that new development maintain the pre -development
hydrologic response in their post -development state as nearly as
practicable for the applicable design storm to reduce flooding,
streambank erosion, nonpoint and point source pollution and
increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(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;
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(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.
(8) Controlling illicit discharges into the municipal separate stormwater
system.
10-1.5 Applicability and Jurisdiction
(A) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development, 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
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 is not part of a larger common plan of development
or sale is exempt from the provisions of this ordinance.
Developments 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.
(C) No Development Until Compliance and Permit
No development shall occur except in compliance with the provisions of
this ordinance or unless exempted. No development for which a permit
is required pursuant to this ordinance shall occur except in compliance
with the provisions, conditions, and limitations of the permit.
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(D) Map
The provisions of this ordinance shall apply within the areas designated
on the map titled "Phase II Stormwater Map of the Town of Gibsonville,
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.
10-1.6 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 87-4, Purpose. If a different or more
specific meaning is given for a term defined elsewhere in The Towns
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
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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 Town of
Gibsonville, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the Town of
Gibsonville. 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 Town of Gibsonville 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.
(4) Measurement and Computation
Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or site.
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10-1.7 Stormwater Best Management Practices (BMPs) Design Manual
(A) Reference to Stormwater BMP Design Manual
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) as the basis for decisions
about stormwater permits and about the design, implementation and
performance of structural and non-structural stormwater Best
Management Practices (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
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.
10-1.8 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
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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 will the Town of
Gibsonville be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
10-1.9 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.
10-1.10 Effective Date and Transitional Provisions
(A) Effective Date
This Ordinance shall take effect on , 2007.
(B) Final Approvals, Complete Applications
All development projects for which complete and full Preliminary Plats
were submitted and approved by the Town of Gibsonville prior to the
effective date of this ordinance and which remain valid, unexpired,
unrevoked and not otherwise terminated at the time of development
shall be exempt from complying with all provisions of this ordinance
dealing with the control and/or management of post -construction runoff,
but shall be required to comply with all other applicable provisions,
including but not limited to illicit discharge provisions
A phased development plan shall be deemed approved prior to the
effective 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:
(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
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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.
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10-2 ADMINISTRATION AND PROCEDURES
10-2.1 Review and Decision -Making Entities
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the Town
Manager 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 Town of Gibsonville and other laws, the
Stormwater Administrator shall have the following powers and duties
under this ordinance:
(a) To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
(b) To make determinations and render interpretations of this
ordinance.
(c) To establish application requirements and schedules for
submittal and review of applications and appeals, to review and
make recommendations to the Town of Gibsonville on
applications for development approvals.
(d) To enforce the provisions of this ordinance in accordance with
its enforcement provisions.
(e) To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and
administration of this ordinance.
(f) To provide expertise and technical assistance to the Gibsonville
Town Board of Aldermen, 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.
10-2.2 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
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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 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
(1) 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. 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 board of planning and adjustment shall establish permit review
fees as well as policies regarding refund of any fees upon
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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 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 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
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application fails to comply. The applicant shall have an opportunity
to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 30 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.
10-2.3 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.
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
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vegetation; proposed limits of clearing and grading; and location of
existing and proposed roads, buildings, parking areas and other
impervious surfaces.
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, and shall verify that the design of all stormwater
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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 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 10-2.2(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 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.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the Town
of Gibsonville 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
Town 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.
10-2.4 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.
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(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.
10-2.5 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 as specified in Section 8-3.2 of the Town's
Development Ordinance.
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10-3 STANDARDS
10-3.1 General Standards
All development and redevelopment to which this ordinance applies shall
comply with the standards of this section.
10-3.2 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 runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(B) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future
development maintains the site consistent with the approved project
plans.
10-3.3 Development standards for High -Density Projects
High -density projects shall implement stormwater control measures that
comply with each of the following standards:
(A) The measures shall control and treat runoff from the first inch of rain.
Runoff volume drawdown time 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
Stormwater BMP Design Manual;
(D) 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 maintains the site consistent with the approved project
plans.
In the event new development or redevelopment has, in the opinion of the
Stormwater Administrator or his designee, the potential to cause increased
downstream flooding and erosion, a structural stormwater management
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system will be required that does not allow stormwater to leave the project
site at a rate greater than the predevelopment discharge rate for the ten-
year, 24-hour storm.
10-3.4 Protection of Existing Riparian Buffers
This shall apply to 50-foot wide riparian buffers directly adjacent to surface
waters within the Town's jurisdiction (intermittent streams, perennial
streams, lakes, reservoirs and ponds), excluding wetlands. Wetlands
adjacent to surface waters or within 50 feet of surface waters shall be
considered as part of the riparian buffer but are regulated pursuant to 15A
NCAC 2H .0506. Parties subject to this Ordinance shall abide by all State
rules and laws regarding waters of the state including but not limited to
Rules 15A NCAC 2H .0500, 15A NCAC 2H .1300, and Sections 401 and
404 of the Federal Water Pollution Control Act. The riparian buffers
protected by this Ordinance shall be measured pursuant to Section 10-
3.4(A) of this Ordinance.
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 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
(A) Zones of the Riparian Buffer.
The protected riparian buffer shall have two zones as follows:
(1) Zone 1 shall consist of a vegetated area that is undisturbed except
for uses provided for in Section 10-3.4(D) of this Ordinance. The
location of Zone 1 shall be as follows:
(a) For intermittent and perennial streams, Zone 1 shall begin at the
most landward limit of the top of the bank or the rooted
herbaceous vegetation and extend landward a distance of 30
feet on all sides of the surface water, measured horizontally on
a line perpendicular to a vertical line marking the edge of the top
of the bank.
(b) For ponds, lakes and reservoirs located within a natural
drainage way, Zone 1 shall begin at the most landward limit of
the normal water level or the rooted herbaceous vegetation and
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extend landward a distance of 30 feet, measured horizontally on
a line perpendicular to a vertical line marking the edge of the
surface water or rooted herbaceous vegetation.
(2) Zone 2 shall consist of a stable, vegetated area that is undisturbed
except for uses provided for in Section 10-3.4(D) of this Ordinance.
Grading and re -vegetating Zone 2 is allowed provided that the
health of the vegetation in Zone 1 is not compromised. Zone 2 shall
begin at the outer edge of Zone 1 and extend landward 20 feet as
measured horizontally on a line perpendicular to the surface water.
The combined width of Zones 1 and 2 shall be 50 feet on all sides of
the surface water.
(B) Diffuse Flow Requirement.
Diffuse flow of runoff shall be maintained in the riparian buffer by
dispersing concentrated flow and reestablishing vegetation.
Concentrated runoff from new ditches or manmade conveyances shall
be converted to diffuse flow at non -erosive velocities before the runoff
enters Zone 2 of the riparian buffer. Corrective action to restore diffuse
flow shall be taken if necessary to impede the formation of erosion
gullies. No new stormwater conveyances are allowed through the
buffers except for stormwater management ponds provided for in
Section 10-3.4(D) of this Ordinance.
(C) Exemptions
Riparian buffers adjacent to surface waters that appear on the maps
shall be subject to this Ordinance unless one of the following applies.
(1) On -site Determination
When a landowner or other affected party believes that the maps
have inaccurately depicted surface waters, he or she shall submit a
site assessment and on -site determination made by other parties
who have successfully completed a Division training course and are
sanctioned by the North Carolina Department of Environment and
Natural Resources, Division of Water Quality to make such
determinations. Any disputes over on -site determinations shall be
referred to the Board of Adjustment in writing. Surface waters that
appear on the maps shall not be subject to this Ordinance if an on -
site determination shows that they fall into one of the following
categories:
(a) Manmade ponds and lakes that are located outside natural
drainage ways; and
(b) Ephemeral (stormwater) streams.
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(2) Existing Uses Are Present and Ongoing.
This Ordinance shall not apply to portions of the riparian buffer
where a use is existing and ongoing according to the following:
(a) A use shall be considered existing and ongoing if it was present
within the riparian buffer as of the effective date of this
Ordinance and has continued to exist since that time. Existing
uses shall include agriculture, buildings, industrial facilities,
commercial areas, transportation facilities, maintained lawns,
utility lines and on -site sanitary sewage systems any of which
involve either specific, periodic management of vegetation or
displacement of vegetation by structures or regular activity.
Only the portion of the riparian buffer that contains the footprint
of the existing use is exempt from this Ordinance. Change of
ownership through purchase or inheritance is not a change of
use. Activities necessary to maintain uses are allowed provided
that the site remains similarly vegetated, no impervious surface
is added within 50 feet of the surface water where it did not
previously exist as of the effective date of this Ordinance, and
existing diffuse flow is maintained. Grading and re -vegetating
Zone 2 is allowed provided that the health of the vegetation in
Zone 1 is not compromised, the ground is stabilized and existing
diffuse flow is maintained.
(b) A use shall be considered as existing if projects or proposed
development have been determined by the Town to meet at
least one of the following criteria:
i. Project requires a 401 Certification/404 Permit and these
were issued prior to the effective date of this Ordinance;
Projects that require a state permit, such as landfills, NPDES
wastewater discharges, land application of residuals and road
construction activities, have begun construction or are under
contract to begin construction and had received all required
state permits and certifications prior to the effective date of
this Ordinance;
iii. Projects that are being reviewed through the Clean Water Act
Section 404/National Environmental Policy Act Merger 01
Process (published by the US Army Corps of Engineers and
Federal Highway Administration, 2003) or its immediate
successor and that have reached agreement with DENR on
avoidance and minimization by the effective date of this
Ordinance;
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iv. Projects that are not required to be reviewed by the Clean
Water Act Section 404/National Environmental Policy Act
Merger 01 Process (published by the US Army Corps of
Engineers and Federal Highway Administration, 2003) or its
immediate successor if a Finding of No Significant Impact has
been issued for the project and the project has the written
approval of the Town prior to the effective date of this
Ordinance;
(c) A project that can be documented to the Town that it has vested
rights that were established or recognized for that project under
the common law or by G.S. 153A-344(b), 153A-344.1, 160A-
385(b) or 160A-385.1 prior to the effective date of this
Ordinance. This Ordinance does not confer or restrict a vested
right established or recognized under common law or G.S.
153A-344(b), 153(A)-344.1, 160A-385(b), or 160A-385.1.
(d) This Ordinance shall apply at the time an existing use is
changed to another use. Change of use shall involve the
initiation of any activity not defined as existing and ongoing as
defined previously in this Section.
(D) ACCEPTABLE USES
The Stormwater Administrator will maintain a Riparian Buffer Table of
Uses which sets out permitted uses within the riparian buffer and their
designation as exempt or allowable. All uses not designated as exempt
or allowable are considered prohibited and may not proceed within the
riparian buffer unless a variance is granted pursuant to this Ordinance.
(E) REQUIREMENTS FOR CATEGORIES OF USES.
Uses designated as exempt or allowable in Section 10-3.4(D) of this
Ordinance shall have the following requirements:
(1) EXEMPT. Uses designated as exempt are allowed within the
riparian buffer. Exempt uses shall be designed, constructed and
maintained to minimize soil disturbance and to provide the
maximum water quality protection practicable, including
construction, monitoring, and maintenance activities. In addition,
exempt uses shall meet requirements listed in Section 10-3.4(D) of
this Ordinance for the specific use.
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(2) ALLOWABLE. Uses designated as allowable may proceed within
the riparian buffer provided that there are no practical alternatives to
the requested use pursuant to 10-3.4(F) of this Ordinance. This
includes construction, monitoring, and maintenance activities.
(F) DETERMINATION OF "NO PRACTICAL ALTERNATIVES."
Persons who wish to undertake uses designated as allowable shall
submit a request for a "no practical alternatives" determination to the
Stormwater Administrator. The applicant shall certify that the criteria
identified in Section 10-3.4(F)(1) of this Ordinance are met. The Town
shall grant an Authorization Certificate upon a "no practical alternatives"
determination. The procedure for making an Authorization Certificate
shall be as follows:
(1) Authorization Certificate
For any request for an Authorization Certificate, the Town shall
review the entire project and make a finding of fact as to whether the
following requirements have been met in support of a "no practical
alternatives" determination:
(a) The basic project purpose cannot be practically accomplished in
a manner that would better minimize disturbance, preserve
aquatic life and habitat, and protect water quality;
(b) The use cannot practically be reduced in size or density,
reconfigured or redesigned to better minimize disturbance,
preserve aquatic life and habitat, and protect water quality; and
(c) Best management practices shall be used if necessary to
minimize disturbance, preserve aquatic life and habitat, and
protect water quality.
(2) Requests for an Authorization Certificate shall be reviewed and
either approved or denied based on the criteria in Section 10-
3.4(F)(1) of this Ordinance. Failure to issue an approval or denial
within 60 days shall constitute that the applicant has demonstrated
"no practical alternatives." An Authorization Certificate shall be
issued to the applicant, unless:
(a) The applicant agrees, in writing, to a longer period; and
(b) Applicant fails to furnish requested information necessary to the
Town's decision.
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(3) The Town may attach conditions to the Authorization Certificate that
support the purpose, spirit and intent of the riparian buffer protection
program. Complete submissions shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(d) A map of sufficient detail to accurately delineate the boundaries
of the land to be utilized in carrying out the activity, the location
and dimensions of any disturbance in riparian buffers
associated with the activity, and the extent of riparian buffers on
the land;
(e) An explanation of why this plan for the activity cannot be
practically accomplished, reduced or reconfigured to better
minimize disturbance to the riparian buffer, preserve aquatic life
and habitat and protect water quality; and
(f) Plans for any best management practices proposed to be used
to control the impacts associated with the activity.
(g) Any disputes over determinations regarding Authorization
Certificates shall be referred to the Town Board of Adjustment
for a decision.
(G) VARIANCES.
A variance request pertains to activities that are proposed only to impact
any portion of Zone 2 of the riparian buffer. Minor variance requests
shall be reviewed and approved based on the criteria in Section 10-
3.4(F)(1) of this Ordinance by the Town pursuant to G.S. 153A-Article
18, or G.S. 160A-Article 19. The Town may attach conditions to the
variance approval that support the purpose, spirit and intent of the
riparian buffer protection program.
(H) REQUIREMENTS SPECIFIC TO FOREST HARVESTING.
Forest harvesting operations and practices shall apply for forest
harvesting operations and practices.
(1) The following measures shall apply in the entire riparian buffer:
(a) Logging decks and sawmill sites shall not be placed in the
riparian buffer.
(b) Access roads and skid trails shall be prohibited except for
temporary and permanent stream crossings established in
accordance with 15A NCAC 11 .0203. Temporary stream
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crossings shall be permanently stabilized after any site
disturbing activity is completed.
(c) Timber felling shall be directed away from the stream or water
body.
(d) Skidding shall be directed away from the stream or water body
and shall be done in a manner that minimizes soil disturbance
and prevents the creation of channels or ruts.
(e) Individual trees may be treated to maintain or improve their
health, form or vigor.
(f) Harvesting of dead or infected trees or application of pesticides
necessary to prevent or control extensive tree pest and disease
infestation shall be allowed. These practices must be approved
by the Division of Forest Resources for a specific site pursuant
to the rule. The Division of Forest Resources must notify the
local government of all approvals.
(g) Removal of individual trees that are in danger of causing
damage to structures or human life shall be allowed.
(h) Natural regeneration of forest vegetation and planting of trees,
shrubs, or ground cover plants to enhance the riparian buffer
shall be allowed provided that soil disturbance is minimized.
Plantings shall consist primarily of native species.
(i) High -intensity prescribed burns shall not be allowed.
(j) Application of fertilizer shall not be allowed except as necessary
for permanent stabilization. Broadcast application of fertilizer or
herbicides to the adjacent forest stand shall be conducted so
that the chemicals are not applied directly to or allowed to drift
into the riparian buffer.
(2) In Zone 1, forest vegetation shall be protected and maintained.
Selective harvest as provided for below is allowed on forest lands
that have a deferment for use value under forestry in accordance
with G.S. 105-277.2 through 277.6 or on forest lands that have a
forest management plan prepared or approved by a registered
professional forester. Copies of either the approval of the deferment
for use value under forestry or the forest management plan shall be
produced upon request. For such forest lands, selective harvest is
allowed in accordance with the following:
(a) Tracked or wheeled vehicles are not permitted except at stream
crossings designed, constructed and maintained in accordance
with 15A NCAC 11 .0203;
(b) Soil disturbing site preparation activities are not allowed; and
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(c) Trees shall be removed with the minimum disturbance to the
soil and residual vegetation.
(3) The following provisions for selective harvesting shall be met:
(a) The first 10 feet of Zone 1 directly adjacent to the stream or
waterbody shall be undisturbed except for the removal of
individual high value trees as defined provided that no trees with
exposed primary roots visible in the streambank be cut.
(b) In the outer 20 feet of Zone 1, a maximum of 50 percent of the
trees greater than five inches DBH may be cut and removed.
The reentry time for harvest shall be no more frequent than
every 15 years, except on forest plantations where the reentry
time shall be no more frequent than every five years. In either
case, the trees remaining after harvest shall be as evenly
spaced as possible.
In Zone 2, harvesting and regeneration of the forest stand shall be allowed in
accordance with 15A NCAC 011 .0100 through .0200 as enforced by the Division of
Forest Resources.
10-3.5 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, and 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
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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.
10-3.6 Dedication of BMPS, Facilities & Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of the property or a
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.
10-3.7 Variances
(A) Any person may petition the Town of Gibsonville for a variance granting
permission to use the person's land in a manner otherwise prohibited by
this ordinance. To qualify for a variance, the petitioner must show all of
the following:
(1) Unnecessary hardships would result from strict application of this
ordinance.
(2) The hardships result from conditions that are peculiar to the
property, such as the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and
intent of this ordinance; will secure public safety and welfare; and
will preserve substantial justice.
(B) The Town of Gibsonville 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
Floodplain or 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
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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.
10-3.8 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.
10-3.9 Nutrient Management and Application Program
(A) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the Town of Gibsonville as
follows.
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(1) 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 Town's
jurisdiction.
(B) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
(1) Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
Town's jurisdiction shall either:
(a) Attend and complete nutrient management training pursuant to
Item (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 (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 (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 (D) of this Section; or
(c) Complete a nutrient management plan for the land that they
own or manage pursuant to Item (D) of this Section and ensure
that the applicator they hire follows this plan.
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(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 Sub -Item (C)(1).
(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 Sub -Items (D)(1)(a)
through (D)(1)(c) of this section shall develop and properly
implement nutrient management plans pursuant to Item (D) 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 Town of Gibsonville.
(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.
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(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 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 Sub -
Item (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
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.
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(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
Town.
10-3.10 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. In addition, all requirements for
on -site wastewater treatment systems in Article VI of the Town's
Development for Maintenance shall be met.
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10-4 MAINTENANCE
10-4.1 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 inspection report from one of the following persons performing
services only in their area of competence: a qualified registered North
Carolina professional engineer, surveyor, landscape architect, soil
scientist, aquatic biologist, or person certified by the North Carolina
Cooperative Extension Service for stormwater treatment practice
inspection and maintenance. The inspection report shall contain all of
the following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each structural
BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or
landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built
certification.
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10-4.2 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 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 owneror
owners to maintain, repair and, if necessary, reconstruct the structural
BMP, and shall state the terms, conditions, and schedule of
maintenance for the structural BMP. In addition, it shall grant to the
Town of Gibsonville a right of entry in the event that the Stormwater
Administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in
no case shall the right of entry, of itself, confer an obligation on The
Town of Gibsonville 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 Town of Gibsonville, in its sole discretion,
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may remedy the situation, and in such instances the Town of
Gibsonville shall be fully reimbursed from the escrow account.
Escrowed funds may be spent by the association for sediment
removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs, provided that the
Town of Gibsonville 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.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Town of Gibsonville
depending on the design and materials of the stormwater control
and management facility.
(5) Granting to the Town of Gibsonville a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
(6) Allowing the Town of Gibsonville to recover from the association and
its members any and all costs the Town of Gibsonville expends to
maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Gibsonville all of its
expended costs, after forty-five days written notice, shall constitute a
breach of the agreement. In case of a deficiency, the Town of
Gibsonville 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 Town of
Gibsonville to maintain or repair any structural BMPs, and the Town
of Gibsonville shall not be liable to any person for the condition or
operation of structural BMPs.
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(8) A statement that this agreement shall not in any way diminish, limit,
or restrict the right of the Town of Gibsonville to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of
Gibsonville for any costs and injuries arising from or related to the
structural BMP, unless the Town of Gibsonville has agreed in writing
to assume the maintenance responsibility for the BMP and has
accepted dedication of any and all rights necessary to carry out that
maintenance.
10-4.3 Inspection Program
Inspections and inspection programs by the Town of Gibsonville may be
conducted or established on any reasonable basis, including but not limited
to routine inspections; random inspections; inspections based upon
complaints or other notice of possible violations; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections
may include, but are not limited to, reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and material or
water in BMPs; and evaluating the condition of BMPs.
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.
10-4.4 Performance Security for Installation and Maintenance
(A) May Be Required
The Town of Gibsonville 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
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(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 20%.
(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 ownerto construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the
applicable permit or operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of
the security to make necessary improvements based on an
engineering estimate. Such expenditure of funds shall only be made
after requesting the owner to comply with the permit or maintenance
agreement. In the event of a default triggering the use of installation
performance security, the Town of Gibsonville shall not return any of
the unused deposited cash funds or other security, which shall be
retained for maintenance.
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(3) Costs in Excess of Performance Security
If the Town of Gibsonville takes action upon such failure by the
applicant or owner, the Town of Gibsonville 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.
10-4.5 Notice to Owners
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation
easement, or dedication and acceptance into public maintenance
(whichever is applicable) 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, or dedication and acceptance into public
maintenance, (whichever is applicable) shall be recorded with the
county Register of Deeds so as to appear in the chain of title of all
subsequent purchasers under generally accepted searching principles.
(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.
10-4.6 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
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the record and shall submit the same upon reasonable request to the
Stormwater Administrator.
10-4.7 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.
10-4.8 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made
accessible for adequate maintenance and repair by a maintenance
easement. The easement shall be recorded and its terms shall specify who
may make use of the easement and for what purposes.
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10-5 ENFORCEMENT AND VIOLATIONS
10-5.1 General
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Town
of Gibsonville. Whenever this section refers to the Stormwater
Administrator, it includes his or her designee as well as any authorized
agent of the Town of Gibsonville.
(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 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,
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causes, or maintains a condition that constitutes a violation of this
ordinance, or fails to take appropriate action, so that a violation of
this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or
occupant of the property, any person who is responsible for
stormwater controls or practices pursuant to a private agreement or
public document, or any person, who has control over, or
responsibility for, the use or development of the property.
10-5.2 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 Town of Gibsonville may disapprove, any
request for permit or development approval or authorization
provided for by this ordinance or the Town of Gibsonville for the land
on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the
Town of Gibsonville 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.
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(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 Town of Gibsonville, 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 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 will be assessed as
established in Section 8-5.1 of the Town's Land Development Ordinance
or up to the full amount of any penalty to which the Town of Gibsonville
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.
10-5.3 Procedures
(A) Initiation/Complaint
When ever 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,
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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
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 Town of Gibsonville, 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 30-day extensions in addition
to the foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the person
violating this ordinance. The Stormwater Administrator 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
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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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10-6 DEFINITIONS
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.
1-year, 24-hour Storm
A stormwater event which occurs on average once every year or statistically has a
100% chance on average of occurring in a given year. The 1-year, 24 hour storm
produces approximately 3.0 inches of rain in the Gibsonville area.
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.
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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.
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
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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.
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 veloTown, amount, timing, or other
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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 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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10-7 ILLICIT DISCHARGES
10-7.1 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)Flows from emergency fire fighting;
(12)Springs;
(13)Water from crawl space pumps;
(14)Footing drains;
(15)Lawn watering;
(16)Individual residential car washing;
(17)Flows from riparian habitats and wetlands;
(18)Dechlorinated swimming pool discharges;
(19)Street wash water; and
(20)Other non-stormwater discharges for which a valid NPDES
discharge permit has been approved and issued by the State of
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North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by The
Town of Gibsonville.
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 section (a) above, are
unlawful. Prohibited connections include, but are not limited to: floor
drains, waste water from washing machines or sanitary sewers,
wash water from commercial vehicle washing or steam cleaning,
and waste water from septic systems.
(2) Where such connections exist in violation of this section and said
connections were made prior to the adoption of this provision or any
other ordinance prohibiting such connections, the property owner or
the person using said connection shall remove the connection within
one year following the effective date of this ordinance. However, the
one-year grace period shall not apply to connections which may
result in the discharge of hazardous materials or other discharges
which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property,
natural resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose
an immediate threat to health and safety, or is likely to result in
immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat, or
(b) Was made in violation of any applicable regulation or ordinance,
other than this section;
(4) 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:
(a) The quantity and complexity of the work,
(b) The consequences of delay,
(c) The potential harm to the environment, to the public health, and
to public and private property, and
(d) The cost of remedying the damage.
Umm

(C) Spills
Spills or leaks of polluting substances released, discharged to, or having
the potential to be released or discharged to the stormwater conveyance
system, shall be contained, controlled, collected, and properly disposed.
All affected areas shall be restored to their pre-existing condition.
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
Gibsonville Fire Department of the release or discharge, as well as
making any required notifications under state and federal law.
Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as
a result of said spill or leak, nor shall such notification relieve any person
from other liability which may be imposed by State or other law.
(D) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm
water discharge permit shall comply with all provisions of such permit.
Proof of compliance with said permit may be required in a form
acceptable to the Town of Gibsonville prior to the allowing of discharges
to the MS4.
10-7.2 Right of entry
(A) Authority to Inspect.
Whenever necessary to make an inspection to enforce any provision of
this Ordinance, or whenever the Stormwater Administrator has cause to
believe that there exists, or potentially exists, in or upon any premises
any condition which constitutes a violation of this Ordinance, the
Stormwater Administrator may enter such premises at all reasonable
times to inspect the same and to inspect and copy records related to
storm water compliance. In the event the owner or occupant refuses
entry after a request to enter and inspect has been made, the Town is
hereby empowered to seek assistance from any court of competent
jurisdiction in obtaining such entry.
(B) Authority to Sample, Establish Sampling Devices, and Test.
During any inspection as provided herein, the Stormwater Administrator
may take any samples and perform any testing deemed necessary to
aid in the pursuit of the inquiry or to record site activities.
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10-7.3 Enforcement.
(A) Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated
a prohibition or failed to meet a requirement of this Ordinance, the
Stormwater Administrator may order compliance by written notice of
violation to the responsible person. Such notice may require without
limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and
desist;
(4) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property;
and
(5) Payment of a fine to cover administrative and remediation costs;
and
(6) The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is
required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. Said notice shall further
advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by the Town or a contractor
designated by the Stormwater Administrator and the expense thereof
shall be charged to the violator.
(B) Violations Deemed a Public Nuisance
Illicit discharges and illicit connections which exist within the Gibsonville
Town Limits and Extra -territorial Jurisdiction are hereby found, deemed,
and declared to be dangerous or prejudiced to the public health or public
safety and are found, deemed, and declared to be public nuisances and
may be summarily abated or restored by the Town at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the
cessation of such nuisance may be taken by the Town.
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