NCS000429_Post Construction Ordinance Refrence_20220224

Sec. 14-730. Definitions.
For the purposes of this division, unless otherwise specifically provided or unless otherwise clearly required
by the context, the words and phrases defined below shall have the meaning indicated when used in this division.
Best management practice (BMP) means a physical device designed to trap, settle out, or filter pollutants
from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the predevelopment 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. "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 division.
Built -upon area (BUA) means 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.
Department means the North Carolina Department of Environment and Natural Resources.
Design manual means the latest published edition or revision of the manual developed by the city to provide
technical guidance in the execution of this article.
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.
"Development" is synonymous with "project".
Division means the Division of Water Quality in the department.
High -density project means any project that exceeds the low density threshold for dwelling units per acre or
built -upon area or impervious surface.
Larger common plan of development orsale means 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 means a project that has no more than two dwelling units per acre or 24 percent BUA for
all residential and nonresidential development or 20,000 square feet of new impervious surface.
One-year, 24-hour storm means a rainfall event of an intensity expected to be equaled or exceeded, on
average, once in 12 months and with a duration of 24 hours.
Owner means 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.
Peak storm means a rainfall event for a given return frequency that is of a rate and duration to create the
maximum expected runoff for a site and return frequency.
(Supp. No. 80)
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Project means the same as development.
Substantial progress means that one or more of the following construction activities toward the completion
of a site or subdivision plan has occurred: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than 30 days; installation and approval of on -site infrastructure; or
obtaining a building permit for the construction and approval of a building foundation.
Treatment sum means the total sum of treatment efficiency of a series of BMPs acting on a stream of runoff.
Each BMP applies its efficiency to the residual TSS of the preceding BMP.
Treatment train means the linking in series of two or more approved BMPs to aggregate the total suspended
solids removal effects of those BMPs.
Treatment volume means the volume generally equal to the accumulation of the runoff from a developed
site, less the calculated runoff from the site prior to development, for one inch of rain.
(Ord. No. 07-538, § 1, 12-18-07; Ord. No. 15-636, § 1, 3-3-15)
Sec. 14-731. General provisions.
(a) Authority. This division is adopted pursuant to North Carolina law, including but not limited to Article 14,
Section 5 of the Constitution of North Carolina; G.S. 143-214.7 and rules promulgated by the Environmental
Management Commission thereunder; Session Law 2004-163; Chapter 160A, §§ 174, 185; as well as Chapter
113A, Article 4 (Sedimentation Pollution Control) Article 21, Part 6 (Floodway Regulation); Chapter 160A,
Article 19 (Planning and Regulation of Development).
(b) Purpose. The purpose of this division is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control the
possible effects of increased post -development stormwater runoff and nonpoint and point source pollution
associated with new development.
(c) Applicability. Beginning with and subsequent to its effective date, this division shall be applicable to all
development, including, but not limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to subsection (d) of this section, exemptions, below. No development
for which a permit is required pursuant to this division shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(d) Exemptions. The following activities shall be exempt from the requirements of this division.
(1) Low -density projects.
(2) 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 division.
(e) Map. The provisions of this division shall apply within the areas designated on the map titled "Phase II
Stormwater Map of the City of Gastonia, 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 division. The stormwater map shall be kept on file by the stormwater
administrator and shall be regularly updated to take into account changes in the land area covered by this
division and the geographic location of all structural BMPs permitted under this division. In the event of a
dispute, the applicability of this division 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.
(f) Interpretation.
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(Supp. No. 80)
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(1) In the event of a conflict or inconsistency between the text of this division and any heading, caption,
figure, illustration, table, or map, the text shall control.
(2) The stormwater administrator has authority to determine the interpretation of this division. 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 division.
(3) Any act authorized by this division to be carried out by the stormwater administrator of the city may be
carried out by his designee.
(g) Design manual.
(1) The stormwater administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the design manual as the basis for decisions about stormwater permits
and about the design, implementation and performance of structural and nonstructural stormwater
BMPs. The design manual includes a list of acceptable stormwater treatment practices, including the
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.
(2) If the specifications or guidelines of the design manual are more restrictive or apply a higher standard
than other laws or regulations, that fact shall not prevent application of the specifications or guidelines
in the design manual.
(3) If the standards, specifications, guidelines, policies, criteria, or other information in the design manual
are amended subsequent to the submittal of an application for approval pursuant to this division but
prior to approval, the new information shall control and shall be utilized in reviewing the application
and in implementing this division with regard to the application.
(h) Relationship to other laws, rules and regulations.
(1) This division is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this division are in addition to the requirements of any other
ordinance, rule, regulation or other provision of law, and where any provision of this division imposes
restrictions different from those imposed by any other ordinance, rule, regulation or other provision of
law, whichever provision is more restrictive or imposes higher protective standards for human or
environmental health, safety, and welfare, shall control.
(2) This division is not intended to revoke or repeal any easement, covenant, or other private agreement.
Nothing in this division shall modify or repeal any private covenant or deed restriction, but such
covenant or restriction shall not legitimize any failure to comply with this division. In no case shall the
city be obligated to enforce the provisions of any easements, covenants, or agreements between
private parties.
(i) Effective date and transitional provisions.
(1) Plans that are approved for construction on or before the date this division takes effect, or plans that
have vested rights under section 17-409 of the City of Gastonia Code of Ordinances are exempt from
the provisions and requirements of this division dealing with the control and/or management of post -
construction runoff, but shall be required to comply with all other applicable provisions.
(2) Any violation of provisions existing on the effective date of this division shall continue to be a violation
under this division and be subject to penalties and enforcement under this division unless the use,
development, construction, or other activity complies with the provisions of this division.
(Ord. No. 07-538, § 1, 12-18-07; Ord. No. 15-636, § 2, 3-3-15)
(Supp. No. 80)
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Sec. 14-732. Stormwater commission.
(a) The stormwater commission shall provide advice to the mayor, council and staff on matters relating to the
various aspects of stormwater management in the city. The commission shall be empowered to hear and
make findings on appeals to the actions of the stormwater administrator, relative to this division and other
programs.
(b) The stormwater commission shall consist of seven members, appointed by the mayor and council, one
appointment for each member. A member does not have to reside in the ward he or she represents in order
to serve on the commission. The commission members shall serve two-year terms, beginning in July of odd
numbered years. Replacements will serve the remainder of the un-expired term of the original appointee. At
its first meeting of each new term of service, the commission shall elect a chairman, from its members, who
shall preside over the regular and special meetings of the commission. The commission shall also elect a vice-
chairman, from its members, to act as chairman in the event of the absence of the chairman at any regular or
special meeting of the commission. The commission shall establish and maintain rules of procedure to
govern its operation.
(Ord. No. 07-538, § 1, 12-18-07; Ord. No. 11-592, §§ 1, 2, 8-2-11)
Editor's note(s)—Section 2 of Ord. No. 11-592 states the following: "There are currently 8 members serving on the
Stormwater Commission as of the date of this Amendment. All 8 members may serve out the remainder of
their respective terms. If a vacancy occurs during the remainder of the 2011-2013 term, the remaining 7
members will be re -allocated so that there is one at -large member and one member per Ward. Members do
not have to reside in the Ward they represent to serve on the Stormwater Commission."
Sec. 14-733. Stormwater administrator.
(a) A stormwater administrator shall be designated by the city manager to administer and enforce this division.
(b) In addition to the powers and duties that may be conferred by other provisions of the City of Gastonia Code
of Ordinances and other laws, the stormwater administrator shall have the following powers and duties
under this division:
(1) To review and approve, approve with conditions, or disapprove applications for approval of plans
pursuant to this division.
(2) To make determinations and render interpretations of this division.
(3) To establish application requirements and schedules for submittal and review of applications and
appeals, to review and make recommendations to the city on applications for development or
redevelopment approvals.
(4) To enforce the provisions of this division in accordance with its enforcement provisions.
(5) To maintain records, maps, and official materials as relate to the adoption, amendment, enforcement,
or administration of this division.
(6) To provide expertise and technical assistance to the city council and the stormwater commission, upon
request.
(7) To take any other action necessary to administer the provisions of this division.
(Ord. No. 07-538, § 1, 12-18-07)
(Supp. No. 80)
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Sec. 14-734. Applications and permits.
(a) A stormwater permit is required for all development unless exempt pursuant to this division. A permit may
only be issued subsequent to a properly submitted and reviewed permit application.
(b) A stormwater permit shall govern the design, installation, and construction of stormwater management and
control practices on the site, including structural BMPs and/or other elements of site design for stormwater
management. 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. 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 division.
(c) All applications for permits required pursuant to this division shall be submitted to the stormwater
administrator by the landowner or the landowner's duly authorized agent.
(d) Applications shall be submitted to the stormwater administrator pursuant to the application submittal
schedule and in the form established by the stormwater administrator, along with the appropriate fee
established pursuant to the city's fee schedule. An application shall be considered as timely submitted only
when it contains all elements of a complete application pursuant to this division. 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
a b ove.
(e) Review of application. The stormwater administrator shall review the application and determine whether the
applications complies with the standards of the ordinance [this division].
(1) If the application complies with the standards of this division, the stormwater administrator shall
approve the application and issue the stormwater permit. The stormwater administrator may impose
conditions of approval as needed to ensure compliance with this division. The conditions shall be
included as part of the approval.
i. Approval authorizes the applicant to go forward with only the specific plans and activity
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.
An approved plan and permit shall become null and void if the applicant has failed to make
substantial progress on the site in accordance with the permit 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.
(2) If the stormwater administrator finds that the application fails to comply with the standards of this
division, the stormwater administrator shall notify the applicant and shall indicate how the application
fails to comply. The applicant shall have an opportunity to submit a revised application.
(3) A complete revised application shall be reviewed by the stormwater administrator after its resubmittal
and shall be approved, approved with conditions or disapproved. If a revised application is not
resubmitted within 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. One resubmittal of a revised application may be submitted
(Supp. No. 80)
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without payment of an additional permit review fee. Any resubmittal after the first resubmittal shall be
accompanied by a permit review fee.
(f) 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 division. All
plans included in the application, shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect. The submittal shall include all of the information
required in the submittal checklist established by the stormwater administrator.
(Ord. No. 07-538, § 1, 12-18-07; Ord. No. 15-636, § 3, 3-3-15)
Sec. 14-735. Preapproval concept plan and consultation meeting.
At any time before a completed stormwater management permit application is submitted, the stormwater
administrator or developer may request a consultation on a concept plan for the post -construction stormwater
management system to be utilized, 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
and wetlands; boundaries of existing predominant vegetation and proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking areas and other impervious
surfaces.
(2) Natural resources inventory. A written or graphic inventory of the natural resources at the site and
surrounding area, as it exists prior to the commencement of the project including soil conditions, forest
cover, geologic features, 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.
(3) Stormwater management system concept plan. A written or graphic concept plan of the proposed
post -development stormwater management system including: preliminary selection and location of
proposed structural stormwater controls; low impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of
floodplain limits; relationship of site to upstream and downstream properties and drainages; and
preliminary location of proposed stream channel modifications, such as bridge or culvert crossings.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-736. As -built plans and final approval.
(a) Upon completion of a project, 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. 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 as -built drawings shall be accompanied by guidelines for
the proper care and maintenance of each structural BMP. The designer of the stormwater management
measures and plans shall certify, under seal, that the as -built stormwater measures, controls, and devices are
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(Supp. No. 80)
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in compliance with the approved stormwater management plans. A final inspection and approval by the
stormwater administrator shall occur before the release of any performance securities.
(b) No certificate of compliance or occupancy shall be issued by the city without final as -built plans and a final
inspection and approval by the stormwater administrator. Where multiple units are served by the
stormwater practice or facilities, the city 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.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-737. Appeals.
(a) Any aggrieved person affected by any decision, order, requirement, or determination relating to the
interpretation or application of this division and made by the stormwater administrator may file an appeal to
the stormwater commission within 30 days of the decision, order, requirement, or determination.
(b) Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds
for appeal on forms provided by city. The stormwater administrator shall forthwith transmit to the
stormwater commission all documents constituting the record on which the decision appealed from was
taken. The hearing conducted by the stormwater commission shall be conducted in the nature of a quasi-
judicial proceeding with all findings of fact supported by competent, material evidence.
(c) Every decision of the stormwater commission shall be subject to superior court review by proceedings in the
nature of certiorari. Petition for review by the superior court shall be filed with the clerk of superior court
within 30 days after the latter of the following:
(1) The decision of the stormwater commission is filed; or
(2) A written copy thereof is delivered to every aggrieved party who has filed a written request for such
copy with the stormwater commission chairman at the time of its hearing of the case.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-739. On -site wastewater.
New and replaced on -site systems for domestic wastewater installed after the effective date of this division
shall comply with all rules, regulations, and design and operation criteria indicated by the Gaston County Health
Department. Any violation of those standards shall also be a violation of any stormwater permit or operation and
maintenance agreement with the city.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-740. General standards for maintenance of BMPs.
(a) The owner of each structural BMP installed pursuant to this division 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) Annually, not more than 30 days before the anniversary of the operation and maintenance agreement
required by section 14-741, the owner and/or the person responsible for maintenance of any structural BMP
installed pursuant to this division shall submit to the stormwater administrator an inspection report from a
person licensed or otherwise qualified to provide such a report. This shall include engineers, surveyors, or
landscape architects licensed in the State of North Carolina or persons certified by the North Carolina State
(Supp. No. 80)
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University Biological and Agricultural Engineering Department. The inspection report shall contain the
following:
(1) The name and address of the landowner;
(2) The name and address of the person(s) responsible for the maintenance if different from the owner;
(3) The city site plan number for the site of each structural BMP;
(4) A statement that an inspection was made of all structural BMPs;
(5) The date the inspection was made;
(6) 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 division; and
(7) The original signature and seal of the engineer, surveyor, landscape architect, or certified inspector. All
inspection reports shall be on forms supplied by the stormwater administrator.
(c) Inspection program. Inspection programs by the city 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; 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.
(d) Every structural BMP installed pursuant to this division 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.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-741. Operation and maintenance agreement.
(a) In general. Prior to the issuance of a certificate of occupancy for any lot or building site to be served by a
structural BMP pursuant to this division, 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. The operation and maintenance agreement shall require the
owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP. In addition, it shall
grant to the city a right of entry in the event that the stormwater administrator has reason to believe it has
become necessary to inspect or monitor the structural BMP; however, in no case shall the right of entry, of
itself, confer an obligation on the city 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.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required pursuant to
this division 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, repair, or reconstruction of the structural BMPs. If structural
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(Supp. No. 80)
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BMPs are not performing adequately or as intended or are not properly maintained, the city, in its sole
discretion, may remedy the situation, and in such instances the city shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association provided that the city shall first
consent to the expenditure.
(3) A statement granting to the city a right of entry to inspect and monitor structural BMPs.
(4) A statement that this agreement shall not obligate the city to maintain or repair any structural BMPs,
and the city shall not be liable to any person for the condition or operation of structural BMPs.
(5) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the city to
enforce any of its ordinances as authorized by law.
(6) A provision indemnifying and holding harmless the city for any costs and injuries arising from or related
to the structural BMP.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-742. Performance security for installation and/or maintenance.
(a) [Performance security.] The city 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 installed by the permit holder and subsequently
maintained as required by the approved stormwater management plan.
(b) Amount.
(1) Installation. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25 percent.
(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. Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the stormwater administrator shall obtain and use all or any portion of the security to make
necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made
after requesting the owner to comply with the permit or maintenance agreement. In the event of a default
triggering the use of installation performance security, the city shall not return any of the unused deposited
cash funds or other security, which shall be retained for maintenance.
(d) [Reasonable cost.] If the city takes action upon such failure by the applicant or owner, the city may collect
from the applicant or owner for the difference should the amount of the reasonable cost of such action
exceed the amount of the security held.
(e) [Refunds.] Within 60 days of the final approval, the installation performance security shall be refunded to the
applicant or terminated, with the exception of any amount attributable to the cost (plus 25 percent) of
landscaping installation.
(Ord. No. 07-538, § 1, 12-18-07)
(Supp. No. 80)
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Sec. 14-743. Deed recordation and indications on plat.
The applicable operations and maintenance agreement, pertaining to every structural BMP shall be
referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance agreement shall be recorded with
the county register of deeds so as to appear in the chain of title of all subsequent purchasers under generally
accepted searching principles.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-744. Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least
five years from the date of creation of the record and shall submit the same upon reasonable request to the
stormwater administrator.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-745. Nuisance.
The owner of each stormwater BMP shall maintain it so as not to create or result in a nuisance condition.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-746. Violation of ordinance.
(a) Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this
division, or the terms or conditions of any permit or other development approval or authorization granted
pursuant to this division, is unlawful and shall constitute a violation of this division.
(b) Each day that a violation continues shall constitute a separate and distinct violation or offense.
(c) 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
division shall be subject to the remedies, penalties, and/or enforcement actions in accordance with section
14-747. For the purposes of this article, responsible person(s) shall include but not be limited to:
(1) An architect, engineer, builder, contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that constitutes a violation of this division, or
fails to take appropriate action, so that a violation of this division results or persists.
(2) The owner of the land on which the violation occurs, any tenant or occupant of the property, any
person, entity, agency, or association who is responsible for stormwater controls or practices pursuant
to a private agreement or public document, or any person, who has control over, or responsibility for,
the use, development of the property.
(Ord. No. 07-538, § 1, 12-18-07; Ord. No. 15-636, § 5, 3-3-15)
Sec. 14-747. Penalties and remedies.
(a) [Provisions.] The remedies and penalties provided for violations of this division, whether civil or criminal,
shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(Supp. No. 80)
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(b) Remedies.
(1) 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) As long as a violation of this division continues and remains uncorrected, the city may deny any request
for permit or development approval or authorization provided for by this division or the zoning
ordinance for the land on which the violation occurs.
(3) The stormwater administrator, with the written authorization of the city manager, 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 division. Any person violating this division shall be subject to
the full range of equitable remedies provided in the General Statutes or at common law.
(4) If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the
geographic limits prescribed by G.S. 160A-193, the stormwater administrator, with the written
authorization of the city manager, may cause the violation to be corrected and the costs to be assessed
as a lien against the property.
(5) The stormwater administrator may issue a stop work order to the person(s) violating this division. 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.
(c) Civil penalties. Violation of this division may subject the violator to a civil penalty to be recovered in a civil
action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the
violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of
penalty to which the city is subject for violations of its Phase II stormwater permit.
(d) Criminal penalties. Violation of this division may be enforced as a misdemeanor subject to the maximum fine
permissible under North Carolina law.
(e) Revocation of credits. For any site, development, or other property that receives a credit against the
stormwater fee as a benefit of ownership, possession, or maintenance of any structural BMP, violation of this
division may be enforced by revocation of that credit. Such revocation shall be effective as of the date of the
violation. The violator shall be eligible for all applicable credits upon the abatement of the violation.
(Ord. No. 07-538, § 1, 12-18-07)
Sec. 14-748. Procedures.
(a) Notice of violation and order to correct. When the stormwater administrator finds that any building,
structure, or land is in violation of this division, the stormwater administrator shall notify, in writing, the
property owner or other person violating this division. 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 officers of
the city police department, or officers of the code enforcement division, by certified or registered mail,
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(Supp. No. 80)
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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 division to
correct and abate the violation and to ensure compliance with this division.
(b) Extension of time. A person who receives a notice of violation and correction order, or the owner of the land
on which the violation occurs, may submit to the stormwater administrator a written request for an
extension of time for correction of the violation. On determining that the request includes enough
information to show that the violation cannot be corrected within the specified time limit for reasons beyond
the control of the person requesting the extension, the stormwater administrator may extend the time limit
as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 90 days. The
stormwater administrator may grant extensions of up to 30 days 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 division. The stormwater administrator may grant an extension only by written notice of
extension. The notice of extension shall state the date prior to which correction must be made, after which
the violator will be subject to the penalties described in the notice of violation and correction order.
(c) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement
of this division 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.
(Ord. No. 07-538, § 1, 12-18-07)
Secs. 14-749-14-800. Reserved.
(Supp. No. 80)
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