NCS000449_Gaston County NC Stormwater Ordinance_20220111

ARTICLE II. - STORMWATER MANAGEMENT
DIVISION 1. - GENERALLY
Sec. 5.5-31. - Title.
This ordinance may be cited as the Gaston County Stormwater Ordinance.
(Res. No. 2007-271, Art. I, § 1, 7-26-2007)
Sec. 5.5-32. - Purpose.
This article is adopted for the purposes of:
(a) The stormwater management regulations of this article shall protect, maintain and enhance the public
health, safety, environment and general welfare by establishing minimum requirements and procedures
to control the adverse effects of stormwater runoff associated with new development. Proper
management of stormwater runoff will protect property, control stream channel erosion, prevent
increased flooding associated with new development, protect floodplains, wetlands, water resources,
riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the county's
natural resources; and
(b) Establishing procedures through which these purposes can be fulfilled.
(Res. No. 2007-271, Art. I, § 2, 7-26-2007)
Sec. 5.5-33. -jurisdiction.
(a) The county board of commissioners hereby adopts this chapter. This chapter applies to all portions of the
county, except for that property within water supply watersheds or the city limits of the incorporated
municipalities of the county. However, this chapter may later be adopted to also apply within other
regions upon proper resolution duly adopted by the governing bodies of the respective regions and the
commissioners. Wherever conflicts exist between federal, state, or local laws, ordinances, or rules, the
more restrictive provision shall apply.
(b) 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 chapter and the geographic location of all structural
BMPs permitted under this chapter. In the event of a dispute, the applicability of this chapter to a
particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North
Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
(Res. No. 2007-271, Art. I, § 3, 7-26-2007)
Sec. 5.5-34. - Definitions.
As used in this chapter, unless the context clearly indicates otherwise, the following definitions apply:

Applicant means an owner or developer of a site who executes the Stormwater Permit application pursuant to
Gaston County's Stormwater Ordinance.
Buffer Zone means the strip of land adjacent to a lake or natural watercourse.
Connection means any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will
in any way affect the operation or maintenance of the drainage ways.
Conveyance means any feature of the landscape or earth, manmade or natural, that carries water in a
concentrated flow.
Detain means to store and slowly release stormwater runoff following precipitation by means of a surface
depression or tank and an outlet structure.
Development means 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, or increases
total runoff from the site, other than a rebuilding activity that does not qualify as redevelopment. Drainage
structures shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures
designed or used to convey stormwater.
Environmental Review Advisory Board means the Gaston County Environmental Review Advisory Board.
Final Certificate of Occupancy means the document required by the North Carolina State Building Code certifying
that a new building shall not be occupied or a change made in occupancy, nature or use of a building until after all
required building and services systems have been inspected for compliance with the technical codes and other
applicable laws and ordinances and released by the Gaston County Code Enforcement Department.
High -density Development means a project is high -density if it contains more than twenty-four percent (24) built -
upon area or more than two dwelling units per acre.
High Quality Waters means those classified as such in 15A NCAC 2B.0101 (e) (5)-General Procedures, which is
incorporated herein by reference to include further amendments.
High quality water (HQW) zones means areas in the coastal counties that are within five hundred seventy-five
(575) feet of high quality waters and for the remainder of the state areas that are within one mile and drain to
HQW's.
Impervious surface Any surface that, in whole or in part, restricts or prevents the natural absorption of water into
the ground. Such surfaces may include, but are not limited to, gravel, concrete, asphalt or other paving material,
and all areas covered by the footprint of buildings or structures.
Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal,
waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or
carried in suspension, and which could be damaged by accumulation of sediment.
Land disturbing activity means any use of, or operations on, the land by any person in residential, industrial,
educational, institutional, or commercial development, including road construction and maintenance, that results in
a change in the natural cover or topography.

Loca/government means any county, incorporated village, town, or city, or any combination of counties,
incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the act.
Low -density development means a project is low -density if it has no more than twenty-four (24) percent built -
upon area or no more than two (2) dwelling units per acre.
Maymeans contingent upon the discretion of the Gaston Natural Resources Department Director.
One year, twenty-four hour storm The surface runoff resulting from a one-year, twenty-four hour rainfall of an
intensity expected to be equaled or exceeded, on average, once in twelve (12) months and with a duration of
twenty-four hours and twenty-five (25) year, twenty-four (24) hour storm means a precipitation event that has a
probable recurrence interval of once in twenty-five (25) years as determined by the National Weather Service of the
National Oceanic and Atmospheric Administration of the United States Department of Commerce.
Parent means an affiliate that directly, or indirectly through one or more intermediaries, controls another
person
Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.
Plan means a stormwater control plan.
Recurring violation means a violation that has not been corrected within the time specified by the Gaston Natural
Resources Department, or, a reoccurrence of a violation from which a previous notice has been issued, not
withstanding natural occurrences exceeding design requirements.
Retain [means] to capture and hold stormwater runoff following precipitation by means of surface depression
allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream.
Shall means a requirement.
StormwaterAny surface flow, runoff, and drainage consisting entirely of water from rainfall events.
Velocity means the average speed of flow through the cross-section of the main channel at the peak flow of the
storm of interest. The cross-section of the main channel shall be that area defined by the geometry of the channel
plus the area of the flow below the flood height defined by vertical lines at the main channel banks. Overload flows
are not to be included for the purpose of computing velocity of flow.
(Res. No. 2007-271, Art. I, § 4, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-35. - Scope and Exclusions.
The stormwater management regulations of this article do not apply to any of the following development
activities:
(1) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the
production of plants and animals useful to man, including but not limited to:
a. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts.

b. Dairy animals and dairy products.
c. Poultry and poultry products.
d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats.
e. Bees and apiary products.
f. Fur producing animals.
(2) Activities undertaken on forestland for the production or harvesting of timber and timber products
and conducted in accordance with best management practices as set out in Forest Practice Guidelines
Related to Water Quality.
(3) Activities for which a permit is required under the Mining Act, G.S. 74-46 et seq.
(4) Commercial development on lots less than one acre that are not part of a larger common plan of
development or sale.
(5) Residential development that disturbs less than one acre, including total buildout of the site that are
not part of a larger common plan of development or sale.
(6) Any development in which the owner has accrued a vested right. A vested right is recognized if either
a preliminary plan has been approved by the Planning Board that meets the required specifications
and standards of Gaston County ordinances, or a Land Disturbing Permit has been issued pursuant to
Gaston County Soil Erosion and Sedimentation Control ordinance in effect on or before the effective
date of this ordinance, and that such plan or permit remains unexpired.
(7) A party in interest to a particular plan found to have no vested right to construct or develop on or
before the effective date of this ordinance may appeal to the Gaston County Board of Adjustment for
a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the
landowner has a vested right to construct or develop his site under plans submitted prior to the
effective date of this chapter.
(8) Redevelopment or expansions to uses included in the above categories are not subject to the
stormwater requirements unless it would result in an expansion of impervious surface on commercial
lots in size equal to or greater than one acre.
(Res. No. 2007-271, Art. I, § 5, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-36. - Review and decision -making entities.
Gaston County Natural Resources Department will administer this chapter. The director of natural resources will
designate a stormwater administrator. In addition to the powers and duties that may be conferred, the stormwater
administrator shall have the following powers and duties under this chapter:
(1) To review and approve or disapprove applications for approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this chapter.
(3) To establish application requirements and schedules for submittal and review of applications and
appeals, to review and approve applications.
(4) To enforce the provisions of this chapter in accordance with its enforcement provisions.

(5) To make records, maps, and official materials as relate to the adoption, amendment, enforcement, or
administration of this ordinance.
(6) To provide expertise and technical assistance to the county.
(7) To designate appropriate other person(s) who shall carry out the powers duties of the stormwater
administrator.
(8) To take any action necessary to administer the provisions of this chapter.
(Res. No. 2007-271, Art. I, § 6, 7-26-2007)
Sec. 5.5-37. - Review and appeals procedures.
(a) A stormwater permit is required for all development and redevelopment which equals or exceeds one
acre of disturbance for residential or commercial development and projects less than an acre that are
part of a larger common plan of development or sale, unless exempt pursuant to this chapter.
(b) The Gaston County Board of Commissioners shall establish permit review fees. The Gaston County
Environmental Review board shall recommend fees and the Gaston County Natural Resources
Department shall establish policies and procedures.
(c) For all activities which are subject to this chapter, no person shall initiate, proceed, or undertake any land
disturbing or development activity for which a permit is required without first being issued a written
stormwater control permit. All other required applications must be received and permits must be
obtained prior to the start of the work. These may include but are not limited to soil erosion and
sedimentation control, flood damage prevention, subdivision, building permits and inspections, North
Carolina Department of Transportation, North Carolina Division of Water Quality, US Army Corps of
Engineers, and North Carolina DENR-Dam Safety.
(d) Plan review fees shall be double the amount when activity subject to this ordinance begins before a
stormwater permit is obtained from the county. Re -inspection fees will be charged for follow-up
inspections when required, due to deficiencies discovered upon initial routine inspections.
(e) Two (2) copies of the stormwater plan submittal shall be submitted to natural resources for review.
(f) The department shall review the plan for completeness and for compliance with the requirements of this
article. An incomplete or nonconforming stormwater plan will be returned to the applicant prior to review
with an explanation of issues requiring resolution before plan review can be initiated.
(g) Within forty-five (45) days of receipt of application for stormwater plan approval, natural resources shall
take action on the plan.
(h) Approval, approval with modifications, or denial of the proposed stormwater plan shall be in writing. In
the case of denial, the reasons for denial shall be clearly stated. The applicant may appeal the decision of
the stormwater administrator to the county environmental review board within fifteen (15) days after
receipt of written notice of disapproval or approval with modifications. Only the applicant can appeal the
decision of the stormwater administrator. A condition of plan approval will be the right to physical
inspection of the drainage structures and stormwater management measures during and after
construction.

(i) Hearings held pursuant to this section shall be conducted by the environmental review board within thirty (_
after the date of the appeal or request for hearing.
0) The environmental review board shall decide appeals within fifteen (15) days after the date of the hearing
on any stormwater plan.
(k) The environmental review board will conduct a hearing in the nature of a quasi-judicial proceeding with
all findings of fact supported by material evidence.
(1) Decisions appealing the final decision by the environmental review board may be filed in Gaston County
Superior Court, to be reviewed by proceedings in the nature of certiorari, within thirty (30) days of the
final decision of the environmental review board.
(m) The stormwater administrator shall take action on revisions to a stormwater plan which has been
previously denied, within fifteen (15) days of receipt of the revised plan application for approval.
(n) If a revised application is not resubmitted within sixty (60) calendar days from the date the applicant was
notified, the application shall be considered withdrawn, and a new submittal for the same or substantially
the same project shall be required along with the appropriate fee and pursuant to the current standards.
(o) Application for an amendment to a stormwater plan in written and graphic form may be made at any
time. Until such time that any amendment is approved by the stormwater administrator, it shall be
unlawful to deviate from the approved plan.
(p) An approved plan shall become null and void if the applicant has failed to make progress on the site
within six (6) months after the date of approval. The stormwater administrator may grant a single, six (6)
month extension of this time limit, for good cause shown, upon receiving a written request from the
applicant before the expiration of the approved plan.
(q) Residential high density development plans located in unincorporated parts of the county shall not be
approved until a variance is received from the county planning board.
(r) 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.
(Res. No. 2007-271, Art. I, § 7, 7-26-2007)
Sec. 5.5-38. - Penalties for violation.
(a) Civil penalties may be imposed as follows:
(1) Any person who violates any of the provisions of this article, or rules or orders adopted or issued
pursuant to this article, or who initiates or continues a development for which a stormwater plan is
required, except in accordance with the terms, conditions and provisions of an approved plan, is

subject to a civil penalty. Each day of a continuing violation shall constitute a separate violation.
Additional fees may be charged for remedies and enforcement of this chapter.
(2) Violation of this chapter 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 thirty (30) days after notice of the
violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full
amount of penalty to which the county and municipalities with stormwater inter -local agreements
with the county is subject for violations of its Phase II stormwater permit, or if no Phase II stormwater
permit exists for the jurisdiction, civil penalties may be assessed up to the full amount allowed by law.
(3) No penalty shall be assessed until the applicant has been notified of the violation by registered or
certified mail, return receipt requested, or other means reasonably calculated to give actual notice.
The notice shall describe the violation with reasonable particularity, specify a reasonable time period
within which the violation can be corrected, and warn that failure to correct the violation within the
time period will result in the assessment of further civil penalties or other enforcement actions.
(4) If the violation has not been corrected within the designated time period, a civil penalty may be
assessed from the date the violation is detected.
(5) Refusal to accept the notice or failure to notify the stormwater administrator of a change of address
shall not relieve the violator's obligation to pay such a penalty.
(6) The stormwater administrator or other authorized agent may refuse to issue a certificate of
occupancy for any building or other improvements constructed or being constructed on the site and
served by the stormwater practices in question until the applicant has taken the remedial measures
set forth in the notice of violation and cured the violations described therein.
(b) Criminal penalties: Any person violating any provisions of this chapter shall be guilty of a misdemeanor
and, upon conviction, shall be punished in accordance with G.S. 14-4. The maximum fine for each offense
shall not exceed five hundred ($500.00) dollars. Each day that the violation continues shall constitute a
separate offense.
(Res. No. 2007-271, Art. I, § 8, 7-26-2007)
Sec. 5.5-39. - Permit application and plans.
(a) The stormwater permit application and plan shall refer to the drawings and technical documentation for
planned site improvements necessary to fulfill the drainage and stormwater management requirements
of this article. This shall include but not be limited to:
(1) Location and topographic maps with the total drainage area delineated including both on site and off
site areas and sufficient information to define all ridges, existing streams, location of the one hundred
(100) year floodplain and floodway, drainage ways, wetland areas, existing springs, and elevation of
any proposed discharge point, and any additional information required to evaluate the existing and
proposed drainage system, which may include a soil analysis.
(2) Architectural and engineering drawings showing plan, profile and details of piping, drainage
structures, swales, and channels tying into a network of pre-existing manmade or natural channels.

(3) Written project specifications governing work performance and materials.
(4) Computations and assumptions sufficient to support the design of piping, drainage structures,
retention/detention ponds, and permanent erosion control measures.
(5) Whatever other narrative statements necessary to adequately describe the proposed site
improvements and the measures planned to comply with the requirements of this article.
(b) The stormwater permit application and plan shall be prepared by and shall bear the seal and signature of
a professional engineer or landscape architect licensed in the State of North Carolina, competent to
perform all aspects of design.
(c) The stormwater permit application and plan shall be prepared to meet the basic objectives and design
standards for drainage and stormwater management as described in this ordinance.
(d) The stormwater permit application and plan shall show the existing site topography and proposed site
drainage improvements in sufficient detail to facilitate plan review and construction. The plan drawings
shall be presented at a scale no smaller than one (1) inch = fifty (50) feet.
(Res. No. 2007-271, Art. I, § 9, 7-26-2007)
Sec. 5.5-40. - Maintenance manual.
(a) The stormwater permit application and plan shall be accompanied by an operations and maintenance
manual. The manual shall contain a narrative describing each installed measure and device and its design
specifications. The manual shall indicate for each installed measure and device what operation and
maintenance actions are needed and what specific quantitative criteria will be used to determine when
these actions will be taken. The manual must indicate the steps that will be taken to restore a measure or
device to the design specifications if a failure occurs.
(b) After the permit and plan is approved and installation is complete, if changes have been made to any
installed measure or device, the manual shall be revised to reflect these changes, and such changes shall
be subject to the review and approval of the stormwater administrator.
(Res. No. 2007-271, Art. I, § 10, 7-26-2007)
Sec. 5.5-41. - As -built plans and specifications.
(a) The designer of the stormwater control plans shall provide as -built plans of all stormwater control and
management plans showing the field location, size, depth, and planted vegetation of all measures and
devices as installed. If the previously submitted plans remain unchanged, an as -built certification to the
existing plans will be required. No certificate of compliance or occupancy shall be issued without said as -
built plans.
(b) The designer shall certify, under seal, that the as -built stormwater measures and devices and their
installation are in compliance with the county's stormwater ordinance.
(c) The designer shall submit a final electronic file of the stormwater plan that is readable by GIS systems,
geo-referenced to the North Carolina State Plane 1983 (Feet).

(Res. No. 2007-271, Art. I, § 11, 7-26-2007)
Sec. 5.5-42. - Stormwater Management Objectives.
(a) In order to reduce drainage related damage and hazards, adequate natural drainage systems or
stormwater management installations are required to collect and transmit stormwater flows into either
existing drainage facilities or a natural drainage system.
(b) All storm drainage facilities shall be designed, constructed and maintained so that adjacent properties
are not unreasonably burdened with surface waters as a result of such improvements. Specifically:
(1) Offsite areas which drain to or across a site proposed for development must be accommodated in the
stormwater plans for the development. The stormwater management system must be capable of
conveying the existing offsite flows through or around the development such that the volume and
rate of flow from the adjacent property is not altered. If offsite flows are carried in the site system any
detention system shall be sized to accommodate this flow. The flow must be released to the original
drainage area.
(2) Storm drainage facilities shall be designed to limit the discharge from the site to the rate for the one
(1) year, twenty-four (24) hour storm that existed prior to development of the site. For projects that
are redeveloping a developed site, the discharge will be limited to that which occurs before any new
development. The type and location of the discharge will be as occurred before the current
development unless the discharge is to a manmade conveyance system.
(c) All site improvements shall be provided with a drainage system that is adequate to prevent the undue
retention of surface water on the development site.
(d) These goals for discharge can be accomplished by designing, constructing and maintaining all stormwater
management installations to the extent practicable:
(1) Avoid increases in surface runoff volume and velocity by including measures which promote the
infiltration of stormwater,
(2) Maximize the time of concentration of stormwater runoff, and
(3) Promote the filtration and precipitation of pollutants from stormwater runoff in order to protect the
water quality of the receiving watercourse.
(e) Whenever practicable, the drainage system of a development site shall coordinate with and connect to
the drainage systems or drainage ways on surrounding properties or streets. Permission must be
received from other applicable entities for connection.
(f) To the extent practicable, all site improvements shall conform to the natural contours of the land, and
without disturbance, utilize the preexisting natural and preexisting manmade drainage ways.
(g) To the extent practicable, lot boundaries within subdivisions shall be made to coincide with natural and
preexisting man made drainage ways to avoid creation of lots that can only be built upon by altering such
drainage ways.
(h) Stormwater shall not be diverted from one natural drainage basin into another.
(i) Stormwater shall not be channeled or directed into sanitary sewers.

Q) Streams shall not be relocated unless it is demonstrated that the relocation of the stream will have a
positive impact on water quality while reducing velocity. All other applicable permits must be received.
(k) High -density projects shall be required to adopt or install storm drainage facilities pursuant to this
section, paragraph (b)(2).
(Res. No. 2007-271, Art. I, § 12, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-43. - Stormwater Management Design Standards.
(a) Design standards are established for the purpose of promoting sound development practices which
respect, preserve and enhance the county's watercourses and are not intended to prohibit the use of
innovative and alternative techniques which can be demonstrated to have the potential for successfully
achieving the objectives stated in Section 1.
(b) Design storm:
(1) The measures shall control and treat at a minimum the stormwater runoff from the first inch of
rainfall volume leaving the project site. Runoff volume drawdown time shall be a minimum of forty-
eight (48) hours, but not more than one hundred twenty (120) hours.
(2) All structural stormwater treatment systems used to meet the requirements of this ordinance shall be
designed to have a minimum of eighty-five (85) percent average annual removal for total suspended
solids (TSS).
(3) The design of drainage facilities in flood hazard areas shall be consistent with the requirements of
county's flood damage prevention ordinance.
(4) The computation of stormwater runoff shall follow established engineering practice. Acceptable
methods of computation include the Rational Method, the Peak Discharge Method as described in
USDA Technical Release Number 55 (TR-55), and USGS Regression Equations, where applicable. If an
alternate method is proposed, the method should be described and justification for using this
method should be provided. The same method must be used for both the pre- and post -development
conditions.
(5) Runoff coefficients shall be based on full development of the project and of the watershed to the
extent of the current zoning or land use patterns, and shall include the complete development of the
site through build -out, including roof tops and other impervious areas that may be proposed.
(6) Stormwater detention shall be provided to insure that the rate of discharge for the one (1) year,
twenty-four (24) hour storm does not exceed the pre -development rate of discharge. In order to
demonstrate this, inflow -outflow calculations shall also be submitted for any Stormwater detention
ponds.
(7) All Stormwater systems shall be designed and built to route at a minimum the twenty-five (25) year,
twenty-four (24) hour storm safely.
(Res. No. 2007-271, Art. I, § 13, 7-26-2007; Res. No. 2019-080, 3-26-2019)
Sec. 5.5-44. - Stormwater design manual.

The county natural resources department may furnish additional guidance and standards for the proper
implementation of the regulations of this article and may provide such information in the form of a stormwater
design manual. Stormwater management practices that are designed, constructed, or maintained in accord with the
stormwater design manual must be presumed to comply with these regulations. However, the stormwater
administrator shall have the right to consult other engineers and duly qualified professionals, and to impose any
conditions or require any modifications deemed necessary to meet the purpose, intent and requirements of this
chapter.
(Res. No. 2007-271, Art. I, § 14, 7-26-2007)
Sec. 5.5-45. - Construction of stormwater management structures.
(a) Stormwater management facilities shall be constructed in accordance with approved plans and
maintained in proper working condition. The applicant/property owner is responsible for ensuring that
the construction of drainage structures and stormwater management measures are completed in
accordance with the approved plan and specifications. Inspections which may be performed by the
county during construction will not relieve the developer of the responsibility to install stormwater
management and drainage facilities in accordance with the approved plan.
(b) In response to a complaint, or as a compliance check with the requirements of this chapter, the
stormwater administrator or the designee shall perform a physical inspection of the construction of
drainage structures and stormwater management measures, or monitor longterm maintenance
procedures.
(c) The property owner will be notified in writing of any substandard and/or nonconforming work identified
by the stormwater administrator. The notification shall state the specific work that is out of compliance,
the specific reasons for noncompliance, and the corrective measures necessary to bring the work into
compliance.
(d) Failure of the property owner or developer to correct substandard and/or nonconforming work identified
by the stormwater administrator shall be sufficient reason to refuse any action or services such as, but
not limited building permits, or occupancy permits for buildings serviced by said work. Appeals on
determination of nonconforming or substandard work and/or the adequacy of the corrective measures
executed shall be made in accordance with 5.5-32 of this chapter. Pending the ruling on the appeal, the
determination of the stormwater administrator remains in effect.
(e) Revisions which affect the intent of the design or the capacity of the system shall require prior written
approval by the stormwater administrator.
(Res. No. 2007-271, Art. I, § 15, 7-26-2007)
Sec. 5.5-46. - Performance security for installations.
(a) The county will require the submittal of a surety performance bond made by a surety bonding company
licensed and authorized to do business in North Carolina, a bond of the owner/developer with an
assignment to the county of a certificate of deposit as security for the bond, a bond of the

owner/developer by an official bank check drawn in favor of the county and deposited with the county, or
cash or an irrevocable letter of credit deposited with the county prior to issue of a permit in order to
ensure that the stormwater system is installed by the developer and functions as required by the
approved stormwater plan.
(b) The amount of an installation performance security shall be the total estimated construction cost of the
system and devices approved under the permit, plus twenty-five (25) percent. Bonds may be reviewed
twenty-four (24) months after issuance and subsequent twenty-four (24) month periods.
(c) 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 in accordance with this chapter.
(d) Upon default of the applicant to construct, maintain, repair, and if necessary reconstruct any stormwater
device in accordance with the applicable permit, 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 applicant to comply with the permit. In the
event of a default triggering the use of installation of performance security, the county shall not return
any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(e) If the county takes action upon such failure by the applicant, the county may collect the difference should
the amount of the reasonable cost of such action exceed the amount of the security held. This difference
will be collected from the applicant.
(f) Not withstanding default, within sixty (60) days of the expiration of the guarantee, the installation
performance security shall be refunded to the applicant or terminated.
(Res. No. 2007-271, Art. I, § 16, 7-26-2007)
Sec. 5.5-47. - Completion.
The property owner/developer is responsible for completing all stormwater improvements in accordance with
the requirements of this article and other applicable ordinance and laws.
(Res. No. 2007-271, Art. I, § 17, 7-26-2007)
Sec. 5.5-48. - Assurance that improvements will be maintained.
All stormwater improvements must be maintained so they will continue to serve their intended functions.
(1) The developer must maintain stormwater improvements until accepted by a property owners
association or lot owner. The developer must disclose which party will be responsible for continued
maintenance on the record plat and on the stormwater management plan. The developer will be
responsible for the installation, operations, and maintenance of the stormwater controls until
ownership is conveyed. The responsibility and agreement for operations and maintenance for the
stormwater system is transferred with title, as each property is conveyed. The developer will
guarantee the stormwater improvements for two (2) years after transfer of ownership.

(2) Before improvements are accepted for maintenance by the property owners association or lot owner, tl-
developer or the developer's engineer or landscape architect, must certify to the property owners assoc
owner and to the county that improvements are complete and functioning as designed.
(3) The developer must record, and reference on the record plat, an operations and maintenance plan
that instructs the property owners association or lot owner about the required operations and
maintenance tasks.
(4) The person responsible for maintenance of any stormwater structure or feature installed pursuant to
this ordinance shall submit to the stormwater administrator an inspection report annually from a
qualified registered North Carolina professional engineer, surveyor, or landscape architect
performing services only in their area of competence. The report shall contain the following:
a. The name and address of the land owner.
b. The recorded book and page number of the lot of each stormwater control.
c. A statement that an inspection was made of all stormwater controls and features.
d. The date the inspection was made.
e. A statement that all inspected controls and features are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement required by
this ordinance.
f. The 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. It will be
the responsibility of the property owners association or lot owner to update the plan annually.
(5) The developer must record, and reference on the record plat, a maintenance agreement, or
restrictive covenant that sets forth the property owners association's or lot owner's continuing
responsibilities for maintenance, including specifying how cost will be apportioned among lot owners
served.
(6) The maintenance agreement must provide that the association and its individual members are jointly
and severably liable for maintenance.
(7) The developer must record easements for access, maintenance, inspections and conduct monitoring
or other activities approved by the stormwater administrator by any property owners association and
by the county government and or the municipality.
(8) All maintenance documents required by this article must be submitted to the stormwater
administrator before record plat approval, and such documents must be referenced on the record
plat, or, in the case of single -lot developments not requiring record plats, documentation must be
submitted to the stormwater administrator before building permit issuance. this ordinance shall be
effective upon adoption.
(9) The county or the municipality may create special tax assessments for residential subdivisions to fund
maintenance. Municipalities may choose to fund maintenance for stormwater systems through their

respective stormwater utilities.
(10) Municipalities within the county may have additional requirements such as maintenance escrow
accounts, additional design standards and vested rights claims.
(Res. No. 2007-271, Art. I, § 18, 7-26-2007)
Secs. 5.5-49-5.5-100. - Reserved.
DIVISION 2. - STORMWATER POLLUTION
Sec. 5.5-101. - 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, 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 they do not significantly
impact water quality. The following discharges are allowable:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other nonstormwater discharges for which a valid NPDES discharge permit has been approved and
issued by the state of North Carolina, and provided that any such discharges to the municipal

separate storm sewer system shall be authorized by Gaston County or municipality.
Prohibited substances include but are not limited to: oil, anti -freeze, chemical, animal waste, paints,
garbage, and litter.
(b) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge
of nonstormwater, other than the exclusions described in 5.5-48 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 person using said connection shall remove the connection within one year following the effective
date of this article. However, the one-year grace period shall not shall not apply to connections which
may result in the discharge of hazardous material 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:
i. 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
ii. Was made in violation of any applicable regulations or ordinance, other than this section;
The nonstormwater connection shall be removed. In setting the time limit for compliance, the stormwater
administrator shall take into consideration:
i. The quantity and complexity of the work;
ii. The consequences of delay;
iii. The potential harm to the environment, to public health, and to public and private property; and
iv. The cost of remedying the damage.
(4) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to a stormwater conveyance system, shall be contained, controlled, collected,
and properly disposed. All affected areas shall be restored to preexisting conditions.
Persons in control of the polluting substances and persons owning the property on which the
substances were released or discharged shall immediately notify the county emergency management
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 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.
(5) Nuisance. Illicit discharges and illicit connections which exist within the jurisdiction of the county and

this provision are hereby found, deemed and declared to be dangerous or prejudiced to public health
or public safety and are found, deemed, and declared to be public nuisances.
(Res. No. 2007-271, Art. II, § 19(1), 7-26-2007)
Sec. 5.5-102. - Severability.
If any section or sections of this article is/are held to be invalid or unenforceable, all other sections shall
nevertheless continue in full force and effect.
(Res. No. 2007-271, Art. II, § 19(2), 7-26-2007)