WSMU_CAJA_WSWP Other Info_20220323

Town of Cajah's Mountain Phase 11 Stormwater Ordinance
Town of Cajah's Mountain
Phase II Stormwater Ordinance
By Western Piedmont Council of Governments

Town of Cajah's Mountain Phase 11 Stormwater Ordinance
Table of Contents
Phase II Stormwater Ordinance........................................................................................ I
SECTION 1: GENERAL PROVISIONS.......................................................................... 4
101 Title.........................................................................................................................4
102 Authority.................................................................................................................4
103 Findings..................................................................................................................4
104 Purpose...................................................................................................................4
105 Applicability and Jurisdiction................................................................................ 6
106 Interpretation......................................................................................................... 7
107 Design Manual....................................................................................................... 8
108 Relationship to Other Laws, Regulations and Private Agreements ..................... 9
109 Severability............................................................................................................. 9
110 Effective Date and Transitional Provisions.......................................................... 9
SECTION 2: ADMINISTRATION AND PROCED URES............................................11
201 Review and Decision Making Entities................................................................ 11
202 Review Procedures............................................................................................... 11
203 Applications for Approval.................................................................................... 14
204 Approvals..............................................................................................................15
205 Appeals................................................................................................................. 16
SECTION 3: STANDARDS............................................................................................17
305
Dedication of BMPS, Facilities & Improvements..............................................19
306
Variances..............................................................................................................19
307
Additional standards for special situations.........................................................
20
308
Onsite wastewater.................................................................................................
20
SECTION 4: MAINTENANCE......................................................................................
22
401
General Standards for Maintenance...................................................................
22
402
Operation and Maintenance Agreement.............................................................
22
403
Inspection Program..............................................................................................
24
404
Performance Security for Installation and Maintenance ..................................
25
405
Notice to owners...................................................................................................
26
406
Records of Installation and Maintenance Activities ...........................................
26
407
Nuisance...............................................................................................................27
408
Maintenance Easement.......................................................................................
27
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 5: ENFORCEMENT AND VIOLATIONS ...................................................
28
501
General.................................................................................................................28
502
Remedies and Penalties.......................................................................................
29
503
Procedures............................................................................................................30
SECTION 6: DEFINITIONS..........................................................................................
32
601
Terms Defined......................................................................................................
32
SECTION 7. ILLICIT DISCHARGES...........................................................................
34
701
Title And Purpose.................................................................................................
34
702
Authority...............................................................................................................34
703
Definitions............................................................................................................
34
704
Illicit Discharges And Connections.....................................................................
36
705
Right Of EntrylPowers And Authority For Inspection ......................................
39
706
Enforcement.........................................................................................................40
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 1: GENERAL PROVISIONS
101 TITLE
This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It is
referred to herein as "this ordinance."
102 AUTHORITY
The Town of Cajah's Mountain 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; Town of Cajah's Mountain; North Carolina General Statutes 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Session Law
2004-163; Chapter 160A, 55 174, 185.
103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act' and federal
Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stormwater controls such as those included in this ordinance.
Therefore, the Town of Cajah's Mountain 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. 1
104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of 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
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
been determined that proper management of construction -related and post-
developruent 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 and redevelopment maintain the pre -development
hydrologic response in their post -development state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, function, and use
of structural stormwaterBMPs that may be used to meet the minimum post -
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance
of structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval
and disapproval of stormwaterrnanagernentplans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
8. Coordinating site design plans that include open space and natural areas with
the Town of Cajah's Mountain,
9. Controlling illicit discharges into the municipal separate stormwater system.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
105 APPLICABILITY AND JURISDICTION
(C) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.
(D) Exemptions
Development that cumulatively disturbs less than one acre and does not exceed 20,000
square feet or impervious area and does not include disturbances within a stream
buffer, filling or excavation in excess of 1,000 cubic yards or filling and excavation
that would impact an adjoining parcel through alteration or drainage paths, ponding
or water or velocity of stormwater flow is not part of a larger common plan of
development or sale is exempt from the provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and does not have a net
increase in impervious area and is not part of a larger common plan of development or
sale is exempt from the provisions of this ordinance.
Development and redevelopment that disturb less than one acre are not exempt if such
activities are part of a larger common plan of development or sale, even though multiple,
separate or distinct activities take place at different times on different schedules.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 ordinance.
(E) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(F) Map
The provisions of this ordinance shall apply within the areas designated on the map
titled "Phase II Stormwater Map of Town of Cajah's Mountain, 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.3
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

Town of Cajah's Mountain Phase 11 Stormwater Ordinance
particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
106 INTERPRETATION
(G) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in Town of Cajah's Mountain Code of Ordinances, the meaning and
application of the term in this ordinance shall control for purposes of application of
this ordinance.4
(H) 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.
(I) 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.
(J) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manual), or document, it shall be construed as a reference to
the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
(K) 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 Cajah's Mountain, 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 Cajah's Mountain. References to days are calendar days
unless otherwise stated.
(L) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Town of Cajah's Mountain may be carried out by his or her
designee.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(M) 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.
(N) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
107 DESIGN MANUAL
(0) Reference to Design Manual
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 non-structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
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.5
(P) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(Q) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this
ordinance with regard to the application.
108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(R) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(S) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall Town of Cajah's Mountain be obligated
to enforce the provisions of any easements, covenants, or agreements between
private parties.'
109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(T) Effective Date
This Ordinance shall take effect on _, 200_
(U) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted and approved by the Town of Cajah's Mountain prior to the
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
effective date of this ordinance and which remain valid, unexpired, unrevoked and
not otherwise terminated at the time of development or redevelopment shall be exempt
from complying with all provisions of this ordinance dealing with the control
and/or management of post -construction runoff, but shall be required to comply
with all other applicable provisions, including but not limited to illicit discharge
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 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.
(� 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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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 2: ADMINISTRATION AND PROCEDURES
201 REVIEW AND DECISION -MAKING ENTITIES
(W) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the Town Council to
administer and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the Town Code of Ordinances 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 Council on applications for development
or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the Town Council,
upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
202 REVIEW PROCEDURES
(X) Permit Required; Must Apply for Permit
A Stormwater permit is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(Y) 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 developruent or redevelopment site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this ordinance.
(Z) 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 wner's duly authorized agent.
(AA) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator [Stormwater Advisory Board] shall establish
requirements for the content and form of all applications and shall amend and
update those requirements from time to time. At a minimum, the stormwater
permit application shall describe' 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 Town Council shall establish permit review fees, as well as, policies
regarding refund of any fees upon withdrawal of an application, and may amend
and update the fees and policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
Manual in an Administrative Manual, which shall be made available to the
public.
(BB) 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 fords 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.
(CC) Review
Within 30 working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application
complies with the standards of this ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 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
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
203 APPLICATIONS FOR APPROVAL
(DD) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the development process.
The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans and other relevant resource protection plans should be consulted in
the discussion of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed limits of clearing and
grading, and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplams, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(EE) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(D).
(FF) 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.
(GG) Other Permits
No certificate of compliance or occupancy shall be issued by the Caldwell County
Building Inspectors 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 Caldwell County Building
Inspections Department 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.
204 APPROVALS
(HH) 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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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(II) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial
pmgivss 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.
205 APPEALS
(JJ) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the Board of Adjustment within 30
days.
(KK) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by Town of Cajah's
Mountain. The Stormwater Administrator shall transmit to the Board of Adjustment
all documents constituting the record on which the decision appealed from was
taken.
The hearing conducted by the Board of Adjustment shall be conducted in the nature
of a quasi-judicial proceeding with all findings of fact supported by competent,
material evidence.
(LL) Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court
review by proceedings in the nature of certiorari. Petition for review by the Superior
Court shall be filed with the Clerk of Superior Court within thirty (30) days after the
latter of the following-
(1) The decision of the Board of Adjustment is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Chair of the Board of Adjustment at
the time of its hearing of the case.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 3: STANDARDS
301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section.
302 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Loan -density projects 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) Stream buffers shall be maintained on all sides of perennial and intermittent
surface waters. The size of the buffer for perennial surface waters shall be
an undisturbed width of 30 feet, plus a vegetated setback of 20 feet. Buffers
for intermittent surface waters shall be an undisturbed width of 30 feet. The
buffer width is measured perpendicularly from the top of the streambank.
A perennial or intermittent surface water shall be deemed present if the
feature is approximately shown on either the most recent version of the soil
survey map prepared by the Natural Resources Conservation Service of the
United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to
this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3) (a) or similar
site -specific determination made using Division -approved methodology.
(C) 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
and redevelopment maintains the site consistent with the approved project
plans.
303 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 Design Manual,
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(D) Stream buffers shall be maintained on all sides of perennial and intermittent
surface waters. The size of the buffer for perennial surface waters shall be
an undisturbed width of 30 feet, plus a vegetated setback of 20 feet. Buffers
for intermittent surface waters shall be an undisturbed width of 30 feet. The
buffer width is measured perpendicularly from the top of the streambank.
A surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared by
the Natural Resources Conservation Service of the United States
Department of Agriculture (USDA) or the most recent version of the
1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). An exception to this requirement
may be 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.
(E) On -site verification of intermittent and perennial streams by a qualified
professional is required for all development exceeding a cumulative 5 acres
and 24 percent impervious coverage, or any commercial development.
(F) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded deed
restrictions or protective covenants, to ensure that future development and
redevelopment maintains the site consistent with the approved project plans,
304 STANDARDS FOR STORMWATER CONTROL MEASURES
(MM) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice, in the Design Manual. The Stormwater
Administrator shall determine whether proposed BMPs will be adequate to meet the
requirements of this ordinance.
(NN) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, ftftd constructed, and maintained
in accordance with the criteria and specifications in the Design Manual will be
presumed to meet the minimum water quality and quantity performance standards
of this ordinance. Whenever an applicant proposes to utilize a practice or practices
not designed and constructed in accordance with the criteria and specifications in
the Design Manual, the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for
the Stormwater Administrator to determine whether such an affirmative showing is
made.
(00) Separation from Seasonal High Water Table
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
For BMPS that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.
305 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The Town of Cajah's Mountain may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
306 VARIANCES
(A) Any person may petition the Town of Cajah's Mountain 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 Cajah's Mountain may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BMPS.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against 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.
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(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in size, configuration, or density of the proposed
activity and all alternative designs, the basic project purpose cannot be practically
accomplished in a manner which would avoid or result in less adverse impact to
surface waters.
307 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS
(A) Pet waste
(1) Restrictions on Pet Waste
(a) It shall be unlawful for the owner or custodian of any dog to take it off the
owner's own property limits without the means to properly remove and dispose
of the dog's feces from any public or private property.
(b) It is the responsibility of a dogs owner or custodian to clean up the dog's
feces from any public or private property outside of the dog's owner's own
property limits. Such property includes, but is not limited to, parks, rights -of -
way, paths, and public access areas.
(c) "Means to properly remove and dispose of feces" shall consist of having on
or near one's person a device such as a plastic bag, or other suitable plastic or
paper container, that can be used to clean up and contain dog waste until it can
be disposed of in an appropriate container. Such a device must be produced and
shown, upon request, to anyone authorized to enforce these ordinances.
(d) This provision shall not apply to handicapped persons assisted by trained
guide or assistance dogs.
(e) "Public nuisance" is defined to include "a dog which deposits feces on
public property or on private property without the consent of the owner or
person in lawful possession of the private property, and the person owning,
possessing, harboring or having the care, charge, control or custody of the dog
fails to remove the feces so deposited. Provided, however, this definition shall
not apply to any dog assisting a handicapped person.
308 ONSITE WASTEWATER
(A) Operation and Maintenance Requirements
New and replaced onsite systems for domestic wastewater installed after the
effective date of this ordinance shall be subject to the same requirements for
operation and maintenance as structural BMPs for stormwater, including, at a
minimum, annual inspection reports and a recorded operation and
maintenance agreement, pursuant to Section 4 of this ordinance.
(B) Standards for Operation and Maintenance
Onsite systems for domestic wastewater covered by this ordinance shall be
operated and maintained so as to avoid adverse effects on surface water and
groundwater, including eutrophication of surface water and microbial or
nitrate contamination of groundwater. Septic tank residuals shall be pumped
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whenever necessary to assure the proper operation of the system to meet
these standards, and the septage shall be reused or disposed of in a manner
that does not present significant risks to human health, surface water or
groundwater.
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SECTION 4: MAINTENANCE
401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the structural
BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant to
this ordinance shall submit to the Stormwater Administrator an 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.
402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a structural BMP pursuant to this ordinance, the
applicant or owner of the site must execute an operation and maintenance agreement
that shall be binding on all subsequent owners of the site, portions of the site, and
lots or parcels served by the structural BMP. Until the transference of all property,
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
sites, or lots served by the structural BMP, the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to Town of Cajah's Mountain 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 Town of Cajah's Mountain
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.8 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 Cajah's Mountain, in its sole discretion, may remedy the situation,
and in such instances the Town of Cajah's Mountain 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 Cajah's Mountain 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
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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 Cajah's Mountain depending
on the design and materials of the stormwater control and management
facility.
(5) Granting to the Town of Cajah's Mountain a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
(6) Allowing the Town of Cajah's Mountain to recover from the association
and its members any and all costs the Town of Cajah's Mountain expends
to maintain or repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Cajah's Mountain 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 Cajah's Mountain
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 Cajah's
Mountain to maintain or repair any structural BMPs, and the Town of
Cajah's Mountain shall not be liable to any person for the condition or
operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the Town of Cajah's Mountain to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of Cajah's
Mountain for any costs and injuries arising from or related to the structural
BMP, unless the Town of Cajah's Mountain has agreed in writing to assume
the maintenance responsibility for the BMP and has accepted dedication of
any and all rights necessary to carry out that maintenance.
403 INSPECTION PROGRAM
Inspections and inspection programs by Town of Cajah's Mountain 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.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required
The Town of Cajah's Mountain may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the structural BMPs are
(1) Installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) Maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BMPs approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or ownerin
accordance with this ordinance, approvals issued pursuant to this ordinance, or
an operation and maintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
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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 Cajah's Mountain shall not
return any of the unused deposited cash funds or other security, which shall be
retained for maintenance.
(3) Costs in Excess of Performance Security
If Town of Cajah's Mountain takes action upon such failure by the applicant or
owner, the Town of Cajah's Mountain 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 251/o) of landscaping installation and ongoing maintenance
associated with the BMPs covered by the security. Any such landscaping shall
be inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, 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.
406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
407 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
408 MAINTENANCE EASEMENT
Every structural BMP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair by a maintenance easement. 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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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 5: ENFORCEMENT AND VIOLATIONS
501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Town of Cajah's
Mountain. Whenever this section refers to the Stormwater Administrator, it includes
his or her designee as well as any authorized agent of Town of Cajah's Mountain.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development or redevelopment approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation
or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. Persons subject to the remedies and penalties set forth herein may include
any architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner, any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person,
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
who has control over, or responsibility for, the use, development or redevelopment of
the property.
502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(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 Cajah's Mountain Planning Board may disapprove, any request for
permit or development approval or authorization provided for by this ordinance or
the zoning, subdivision, and/or building regulations, as appropriate for the land
on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Town
Administrator, may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abatement to correct a
violation of this ordinance. Any person violating this ordinance shall be subject
to the full range of equitable remedies provided in the General Statutes or at
common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. 5
160A-193, the Stormwater Administrator, with the written authorization of the
Town Administrator, may cause the violation to be corrected and the costs to
be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
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order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
which Town of Cajah's Mountain 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.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property owner or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the 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 law enforcement or code enforcement personnel, by
certified or registered mail, return receipt requested, or by any means authorized for
the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
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ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the
land on which the violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control
of the person requesting the extension, the Stormwater Administrator may extend
the time limit as is reasonably necessary to allow timely correction of the violation,
up to, but not exceeding 30 days. The Stormwater Administrator may grant 15-day
extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance.
(F) Emergency Enforcement
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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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 6: DEFINITIONS
601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
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.
Department
The North Carolina Department of Environment Quality.
Design Manual
The stormwater design manual approved for use in Phase II jurisdictions by the Department
and certified by this jurisdiction for the proper implementation of the requirements of the
federal Phase II stormwater program. All references herein to the Design Manual are to the
latest published edition or revision.
Development
Any land -disturbing activity that increases the amount of built -upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Division
The Division of Energy, Mineral and Land Resources in the Department.
High -density project
Any project that exceeds the loan -density threshold for dwelling units per acre or built -upon area.
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-densityproject
For a project that is not located within one-half mile of and draining to Shellfish Resource
Waters: the project is a low -density project if it has no more than two dwelling units per
acre or twenty-four percent built -upon area (BUA) for all residential and non-residential
development.
A project with an overall density at or below the relevant low -density threshold, but
containing areas with a density greater than the overall project density, may be considered
low density as long as the project meets or exceeds the post -construction model practices for
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
low -density projects and locates the higher density in upland areas and away from surface
waters and drainage ways to the maximum extent practicable.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of
management and control of the property. "Owner" shall include long-term commercial
tenants; management entities, such as those charged with or engaged in the management of
properties for profit; and every person or entity having joint ownership of the property. A
secured lender not in possession of the property does not constitute an owner, unless the
secured lender is included within the meaning of "owner" under another description in this
definition, such as a management entity.
Redevelopment
Any development on previously -developed land, other than a rebuilding activity that results in
no net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff, to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre -development hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BMP" is synonymous with "structural practice,"
"stormwater control facility," "stormwater control practice," "stormwater treatment
practice," "stormwater management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and
approval of on -site infrastructure; or obtaining a building permit for the construction and
approval of a building foundation. "Substantial progress" for purposes of determining
whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law. 9
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
SECTION 7: ILLICIT DISCHARGES
701 TITLE AND PURPOSE
(A) Title
This ordinance shall be officially known as "The Phase II Stormwater Illicit Discharge
Detection and Elimination Ordinance." It is referred to herein as "this ordinance."
(B) Purpose
The purpose of this ordinance is to provide for the health, safety, and general welfare
of the citizens of the Town of Cajah's Mountain through the regulation of non -
storm water discharges to the storm drainage system to the maximum extent
practicable as required by federal and state law. This ordinance establishes methods
for controlling the introduction of pollutants into the municipal separate storm
sewer system (MS4) in order to comply with requirements of the National Pollutant
Discharge Elimination System (NPDES) permit process. The objectives of this
ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer
system (MS4) by Stormwater discharges by any user
(2) To prohibit Illicit Connections and Discharges to the municipal separate storm
sewer system
(3) To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance
702 AUTHORITY
The Town of Cajah's Mountain 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 2004-163; Chapter 160A � 174, 185.
703 DEFINITIONS
For the purposes of this section, the following shall mean:
Best Management Practices (BMPs)
schedules of activities, prohibitions of practices, general good housekeeping practices,
pollution prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants directly or indirectly
to Stormwater, receiving waters, or Stormwater conveyance systems BMPs also include
treatment practices, operating procedures and practices to control site runoff, spillage or
leaks sludge or water disposal, or drainage from raw materials storage.
Clean Water Act
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
The federal Water Pollution Control Act (33 U.S. C. 5 1251 et seq.), and any subsequent
amendments thereto.
Hazardous Materials
Any material, including any substance, waste, or combination thereof, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported disposed of, or
otherwise managed.
Illegal Discharge
Any direct or indirect non -storm water discharge to the storm drain system.
Illicit Connections
An illicit connection is defined as either of the following -
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system including but not limited to any conveyances
which allow any non -storm water discharge including sewage, process wastewater, and wash
water to enter the storm drain system and any connections to the storm drain system from
indoor drains and sinks, regardless of whether said drain or connection had been previously
allowed, permitted or approved by an authorized enforcement agency or,
Any drain or conveyance connected from a commercial or industrial land use to the storm
drain system, which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
IndustrialActivity
Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)
(14).
Municipal Separate Storm Sewer System (MS4)
Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including
roads with drainage systems. municipal streets catch basins, curbs, gutters, ditches, manmade
channels, inlets, piped storm drains, pumping facilities, retention and detention basins,
natural and human -made or altered drainage channels, reservoirs, and other drainage
structures or storm drains):
(i) Owned or operated by a town, city, county, district, association, or other public body
(created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial
wastes, Stormwater, or other wastes, that discharges to waters of the United States or waters
of the State.
(ii) Designed or used for collecting or conveying Stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW), as defined in 40 CFR
122.2
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
National Pollutant Discharge Elimination System (NPDES) Storm Water
Discharge Permit
A permit issued by the North Carolina Department of Environment and Natural Resources,
Division of Water Quality* that authorizes the discharge of pollutants to waters of the State,
whether the permit is applicable on an individual, group, or general area -wide basis.
Non-Stormwater Discharge
Any discharge to the storm drain system that is not composed entirely of storm water.
Person
Means any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting either as the owner or as the owner's agent.
Pollutant
Anything that causes or contributes to pollution. Pollutants may include, but are not limited
to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or
abandoned objects, ordinances, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes;
sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes
and residues that result from constructing a building or structure; and noxious or offensive
matter of any kind.
Premises
Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Water
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural
precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan
A document which describes the Best Management Practices and activities to be
implemented by a person or business to identify sources of pollution or contamination at a
site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater
Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Wastewater
Means water or other liquid, other than uncontaminated storm water, discharged from a
facility.
*Ultimately the federal Environmental Protection Agency regulates the NPDES permit, but
it has been delegated to the state for any non -tribal lands within North Carolina
704 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
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
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) Flows from emergency firefighting,
(10) Air conditioning condensation,
(11) Irrigation water,
(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 North Carolina, and if any such
discharges to the municipal separate storm, The Town of Cajah's Mountain shall
authorize sewer system.
(21) Removal of Stormwater System blockages with Unmodified Potable Water.
Prohibited substances include but are not limited to oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
Ill Designated vehicle wash areas at multi -family residential complexes are not allowed if they connect, directly or
indirectly, to the Stormwater System or surface waters. Charity Vehicle Washing performed by the same
organization or at the same location on a routine basis (more than one time in a thirty -day period) is not allowed
under this article.
121 "Salt Water" swimming pools cannot be directly discharged into the storm drain due to the salinity,
bromoform/bromine concentration, and chlorine generated
(B) Illicit Connections
(1) Connections to a Stormwater conveyance or Stormwater conveyance system that allows
the discharge of non-Stormwater, other than the exclusions described in section (a) above,
are unlawful. Including but not limited to: prohibited washing machines or sanitary sewers,
wash water from commercial vehicle washing or steam cleaning, and wastewater 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:
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 regulation or ordinance, other than
this section:
The Stormwater Administrator/ Illicit Discharge Officer shall designate the time within
which the connection shall be removed - in setting the time limit for compliance the
Stormwater Administrator/ Illicit Discharge Officer shall take into consideration:
i. The quantify and complexity of the work,
iii. The consequences of delay,
iv. The potential harm to the environment, to the public health, and to public and
private property, and
v. The cost of remedying the damage.
(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 of. 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
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
immediately notify North Catawba Fire Rescue 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 Cajah's Mountain prior to the allowing
of discharges to the MS4.
705 RIGHT OF ENTRY/POWERS AND AUTHORITY FOR INSPECTION
(A) Authority to Inspect and Monitor
The Stormwater Administrator/ Illicit Discharge Officer, bearing proper identification, may
enter public or private properties at all reasonable times to inspect, investigate, or monitor
activities and conditions subject to this article. Persons occupying premises to be inspected
shall allow the Stormwater Administrator/ Illicit Discharge Officer ready access at all times
to all parts of the premises to perform inspection, monitoring, records examination, copying,
photography, video recording or other duties. Stormwater Administrator/ Illicit Discharge
Officer shall have the right to set up on the Person's property such devices as are necessary
to conduct sampling, inspection, compliance monitoring and/or metering operations. Where
a Person has security measures in force that would require identification and clearance
before entry into the premises, the Person shall make arrangements with security personnel
so that, upon presentation of identification, personnel from Stormwater Administrator/
Illicit Discharge Officer will be permitted to enter and perform their specific responsibilities
without delay. Denial of Stormwater Administrator/ Illicit Discharge Officer access to the
Person's premises or portions thereof shall be a violation of this article. Denial of access may
also occur if a Person fails to provide, without unreasonable delay, such facilities, equipment,
or devices as are reasonably necessary to permit Stormwater Administrator/ Illicit Discharge
Officer personnel to perform their duties in a safe manner. Unreasonable delays may
constitute denial of access. Any delay of more than five minutes may be considered
unreasonable.
(B) Search Warrants
To the extent permitted by law, Administrator/ Illicit Discharge Officer may seek the
issuance of a search warrant to determine compliance with this article.
(C) Confidential Information
(1) To the extent permitted by applicable law and except as otherwise
provided in this section, information and data on a Person obtained
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
from reports, questionnaires, permit applications, permits,
monitoring programs and inspections shall be available to the public
or other government agencies without restriction, unless the Person
specifically requests, and is able to demonstrate to the satisfaction of
Administrator/ Illicit Discharge Officer, that the release of such
information would divulge information, processes or methods of
production entitled to protection as trade secrets of the Person. Any
such request must be asserted at the time of submission of the
information or data.
(2) To the extent permitted by applicable law, when requested by a
Person furnishing a report, the portions of a report that might
disclose trade secrets or secret processes shall not be made available
for inspection by the public, but shall be made available upon request
to governmental agencies for uses related to this article provided,
however, that such portions of a report shall be available for use by
the State or any State agency in judicial review or enforcement
proceedings involving the Person furnishing the report.
(3) Documents that are not public records and the information set forth
therein may be withheld and released only as provided by applicable
law.
(D) Obstruction
No person shall obstruct, hamper, or interfere with Administrator/ Illicit Discharge Officer
while carrying out official duties. Upon presentation of credentials by Administrator/ Illicit
Discharge Officer, necessary arrangements shall be made to allow immediate access onto
premises or into an area protected by security measures. Any obstruction to the safe and easy
access to property, a facility or enclosure on property, or to monitoring devices shall
immediately be removed. Unreasonable delays in providing safe and reasonable access or
removing obstructions shall be a violation of this article.
706 ENFORCEMENT
(A) Notice of Violation
Whenever the Stormwater Administrator/ Illicit Discharge Officer finds that a person has
violated a prohibition or failed to meet a requirement of this Ordinance, the Stormwater
Administrator/ Illicit Discharge Officer 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,
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Town of Cajah's Mountain Phase 11 Stormwater Ordinance
(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 the Town or a
contractor designated by the Stormwater Administrator/ Illicit Discharge Officer will
perform the restore, within the established deadline, the work 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 Cajah's Mountain 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.
41