NCS000403_Post Constuction Ordinance_20220602

Phase 11 Stormwater
Post- Construction Ordinance
Town of Elon
Adopted by the Board of Aldermen: March 13, 2007
Effective: July1, 2007

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Town of Elon 2 Phase Il Stormwater Ordinance

PHASE II STORMWATER ORDINANCE
Table of Contents
CHAPTER 1 - General Provisions.............................................................................
1
1.1
Title..............................................................................................................1
1.2
Authority......................................................................................................
1
1.3
Findings.......................................................................................................1
1.4
Purpose.......................................................................................................
2
1.5
Applicability and Jurisdiction........................................................................
3
1.6
Interpretation...............................................................................................4
1.7
Stormwater BMP Design Manual.................................................................
5
1.8
Relationship to Other Laws, Regulations and Private Agreements .............6
1.9
Severability..................................................................................................7
1.10
Effective Date and Transitional Provisions ..................................................
7
CHAPTER 2 - Administration and Procedures........................................................... 9
2.1 Review and Decision -Making Entities.......................................................... 9
2.2 Review Procedures...................................................................................... 9
2.3 Submittal of Complete Application............................................................. 11
2.4 Applications for Approval........................................................................... 12
2.5 Approvals...................................................................................................14
2.6 Appeals......................................................................................................15
CHAPTER 3 - Standards......................................................................................... 16
3.1 General Standards.................................................................................... 16
3.2 Development Standards for Low -Density Projects .................................... 16
3.3 Development standards for High -Density Projects .................................... 16
3.4 Standards for Stormwater Control Measures.............................................17
3.5 Dedication of BMP's, Facilities, and Improvements ................................... 18
3.6 Variances...................................................................................................18
3.7 Nutrient Sensitive Waters.......................................................................... 18
3.8 Nutrient Application Management Program ............................................... 19
3.9 On -site Wastewater Treatment Systems ................................................... 19
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CHAPTER 4 - Maintenance.....................................................................................23
4.1 General Standards for Maintenance.......................................................... 23
4.2 Operation and Maintenance Agreement....................................................24
4.3 Inspection Program....................................................................................26
4.4 Performance Security for Installation and Maintenance ............................ 26
4.5 Notice to owners........................................................................................ 28
4.6 Records of Installation and Maintenance Activities....................................28
4.7 Nuisance....................................................................................................28
4.8 Maintenance Easement.............................................................................28
CHAPTER 5 - Enforcement and Violations.............................................................. 29
5.1 General......................................................................................................29
5.2 Remedies and Penalties............................................................................ 30
5.3 Procedures................................................................................................ 31
CHAPTER 6 - Definitions......................................................................................... 34
6.1 Terms Defined........................................................................................... 34
Town of Elon ii Phase 11 Stormwater Ordinance

CHAPTER 1 - General Provisions
1.1 Title
This ordinance shall be officially known as "The Phase II Stormwater Ordinance." It
is referred to herein as "this ordinance."
1.2 Authority
The Town of Elon is authorized to adopt this ordinance pursuant to North Carolina
law, including but not limited to Ordinance 14, Section 5 of the Constitution of North
Carolina; North Carolina General Statutes 143-214.7; rules promulgated by the
Environmental Management Commission thereunder; Session Law 2006-246;
Chapter 160A, §§ 174, 185
1.3 Findings
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds
and increases stormwater runoff rates and volumes, flooding, soil erosion, stream
channel erosion, nonpoint and point source pollution, and sediment transport and
deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology which are harmful to public health and
safety as well as to the natural environment; and
These effects can be managed and minimized by applying proper design and well -
planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the
North Carolina Environmental Management Commission promulgated in response to
federal Phase II requirements, compel certain urbanized areas, including this
jurisdiction, to adopt the minimum stormwater controls such as those included in this
ordinance.
Therefore, the Elon Board of Aldermen 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.
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1.4 Purpose
a.) General
The purpose of this ordinance is to protect, maintain and enhance the
public health, safety, environment and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
increased post -development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment. It
has been determined that proper management of construction -related and
post -development stormwater runoff will minimize damage to public and
private property and infrastructure, safeguard the public health, safety,
and general welfare, and protect water and aquatic resources.
b.) Specific
This ordinance seeks to meet its general purpose through the following
specific objectives and means:
(1) Establishing decision -making processes for development that protect
the integrity of watersheds and preserve the health of water
resources;
(2) Requiring that new development and redevelopment maintain the
pre -development hydrologic response in their post -development state
as nearly as practicable for the applicable design storm to reduce
flooding, streambank erosion, nonpoint and point source pollution
and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
(3) Establishing minimum post -development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function,
and use of structural stormwater BMPs that may be used to meet the
minimum post -development stormwater management standards;
(5) Encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for stormwater
and the preservation of greenspace, riparian buffers, and other
conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to
ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review,
approval and disapproval of stormwater management plans, for the
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inspection of approved projects, and to assure appropriate long-term
maintenance.
1.5 Applicability and Jurisdiction
a.) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, planned unit developments, and
subdivision applications within the corporate limits and extraterritorial
jurisdiction of the Town of Elon, unless exempt pursuant to Subsection (b)
of this Division, Exemptions, below.
b.) Exemptions
Development that cumulatively disturbs less than one acre and is not part
of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Development and redevelopment that disturb less than one acre are not
exempt if such activities are part of a larger common plan of development
or sale, even though multiple, separate or distinct activities take place at
different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the
federal Clean Water Act, as specified in 40 CFR 232 (primarily, ongoing
farming and forestry activities) are exempt from the provisions of this
ordinance.
c.) No Development or Redevelopment Until Compliance and Permit.
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development for
which a permit is required pursuant to this ordinance shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
d.) Stormwater Map
The provisions of this ordinance shall apply within the areas designated on
the map titled "Phase II Stormwater Map of Town of Elon, North Carolina"
("the Stormwater Map"), which is adopted simultaneously herewith. The
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Stormwater Map and all explanatory matter contained thereon
accompanies and is hereby made a part of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator
and shall be updated to take into account changes in the land area
covered by this ordinance and the geographic location of all structural
BMPs permitted under this ordinance. In the event of a dispute, the
applicability of this ordinance to a particular area of land or BMP shall be
determined by reference to the North Carolina Statutes, the North Carolina
Administrative Code, and local zoning and jurisdictional boundary
ordinances.
1.6 Interpretation
a.) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific
purposes set forth in Section 1-4, Purpose. If a different or more specific
meaning is given for a term defined elsewhere in The Town of Elon's
development ordinances, the meaning and application of the term in this
ordinance shall control for purposes of application of this ordinance.
b.) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.
c.) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation
of this ordinance. Any person may request an interpretation by submitting
a written request to the Stormwater Administrator who shall respond in
writing within 30 days. The Stormwater Administrator shall keep on file a
record of all written interpretations of this ordinance.
d.) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute,
regulation, manual (including the Stormwater BMP Design Manual), or
document, it shall be construed as a reference to the most recent edition
of such that has been finalized and published with due provision for notice
and comment, unless otherwise specifically stated.
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e.) Computation of Time
The time in which an act is to be done shall be computed by excluding the
first day and including the last day. If a deadline or required date of action
falls on a Saturday, Sunday, or holiday observed by the Town of Elon, 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 Elon. References to
days are calendar days unless otherwise stated.
f.) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Town of Elon may be carried out by his or her designee.
g.) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing
an obligation or duty to comply with the particular provision. The words
"may" and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions or events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in
the singular number include the plural number and the plural number
includes the singular number, unless the context of the particular usage
clearly indicates otherwise. Words used in the masculine gender include
the feminine gender, and vice versa.
h.) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the
lot lines of a lot or site.
1.7 Stormwater BMP Design Manual
a.) Reference to Stormwater BMP Design Manual
The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the
Stormwater Best Management Practices (BMP) Design Manual as the
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basis for decisions about stormwater permits and about the design,
implementation and performance of structural and non-structural
stormwater BMPs.
The Stormwater BMP Design Manual includes a list of acceptable
stormwater treatment practices, including the specific design criteria for
each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II laws.
b.) Relationship of Stormwater BMP Design Manual to Other Laws and
Regulations
If the specifications or guidelines of the Stormwater BMP Design Manual
are more restrictive or apply a higher standard than other laws or
regulations, that fact shall not prevent application of the specifications or
guidelines in the Stormwater BMP Design Manual.
c.) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Stormwater BMP Design Manual are amended
subsequent to the submittal of an application for approval pursuant to this
ordinance but prior to approval, the new information shall control and shall
be utilized in reviewing the application and in implementing this ordinance
with regard to the application.
1.8 Relationship to Other Laws, Regulations and Private Agreements
a.) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance, rule,
regulation or other provision of law. Where any provision of this ordinance
imposes restrictions different from those imposed by any other ordinance,
rule, regulation or other provision of law, whichever provision is more
restrictive or imposes higher protective standards for human or
environmental health, safety, and welfare shall control.
b.) Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of
this ordinance are more restrictive or impose higher standards or
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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 the Town of Elon be
obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
1.9 Severability
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision or clause of this ordinance.
1.10 Effective Date and Transitional Provisions
a.) Effective Date
This Ordinance shall take effect on July 1, 2007.
b.) Final Approvals, Complete Applications
All development and redevelopment projects for which the Town of Elon
Technical Review Committee has recommended approval prior to the
effective date of this ordinance and which remains 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.
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.
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c.) Violations Continue
Any violation of provisions existing on the effective date of this ordinance
shall continue to be a violation under this ordinance and be subject to
penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions of
this ordinance.
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CHAPTER 2 - Administration and Procedures
2.1 Review and Decision -Making Entities
a.) Stormwater Administrator
(1) Designation
The employee(s) or agent(s) designated by the Town of Elon to oversee
the administration and enforcement of this Ordinance.
b.) Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the Town of Elon code and other laws, the Stormwater
Administrator shall have the following powers and duties under this
ordinance:
(1) To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
(2) To make determinations and render interpretations of this ordinance.
(3) To establish application requirements and schedules for submittal
and review of applications and appeals, to review and make
recommendations to the Elon Board of Aldermen on applications for
development or redevelopment approvals.
(4) To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
(5) To maintain records, maps, forms and other official materials as
relate to the adoption, amendment, enforcement, and administration
of this ordinance.
(6) To provide expertise and technical assistance to the Elon Board of
Aldermen, upon request.
(7) To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of
this ordinance.
2.2 Review Procedures
a.) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment
unless exempt pursuant to this ordinance. A permit may only be issued
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subsequent to a properly submitted and reviewed permit application,
pursuant to this section.
b.) Effect of Permit
A stormwater permit shall govern the design, installation, and construction
of stormwater management and control practices on the site, including
structural BMPs and elements of site design for stormwater management
other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and
control of stormwater for the development or redevelopment site
consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -
density design. The permit does not continue in existence indefinitely after
the completion of the project; rather, compliance after project construction
is assured by the maintenance provisions of this ordinance.
c.) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner's duly
authorized agent.
d.) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content
and form of all applications and shall amend and update those
requirements from time to time. At a minimum, the stormwater permit
application shall describe in detail how post -development stormwater
runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the
requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring -that there is
adequate time to review applications; and that the various stages in the
review process are accommodated.
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e.) Permit Review Fees
The Elon Board of Aldermen 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.
f.) Administrative Manual
For applications required under this Code, the Stormwater Administrator
shall compile the application requirements, submission schedule, fee
schedule, a copy of this ordinance, and information on how and where to
obtain the Stormwater BMP Design Manual in an Administrative Manual,
which shall be made available to the public.
2.3 Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
a.) 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.
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(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 shall be accompanied by a permit review fee additional fee,
as established pursuant to this ordinance.
2.4 Applications for Approval
a.) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete,
the Stormwater Administrator or developer may request a consultation on
a concept plan for the post -construction stormwater management system
to be utilized in the proposed development project. This consultation
meeting should take place at the time of the sketch or preliminary plan of
subdivision or other early step in the development process. The purpose
of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to
discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is
commenced. Watershed Overlay Districts and other relevant resource
protection plans should be consulted in the discussion of the concept plan.
To accomplish this goal, the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
(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.
Existing and proposed topography shall be shown at two -foot contour
intervals on the tract to be developed and a minimum of 100-feet beyond
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the property lines. All contour information shall be based on mean sea
level and accurate to within one-half foot, The benchmark, with its
description and the datum, shall be clearly shown on the plan.
(2) Natural Resources Inventory
A written or graphic inventory of the natural resources at the site and
surrounding area as it exists prior to the commencement of the project.
This description should include a discussion of soil conditions, forest
cover, geologic features, topography, wetlands, and native vegetative
areas on the site, as well as the location and boundaries of other natural
feature protection and conservation areas such as lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well
setbacks, septic setbacks, etc.). Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development
stormwater management system including: preliminary selection and
location of proposed structural stormwater controls; low impact design
elements; location of existing and proposed conveyance systems such as
grass channels, swales, and storm drains; flow paths; location of
floodplain/floodway limits; relationship of site to upstream and downstream
properties and drainages; and preliminary location of proposed stream
channel modifications, such as bridge or culvert crossings.
b.) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Section 3, Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil
scientist or landscape architect, and the engineer, surveyor, soil scientist
or landscape architect shall perform services only in their area of
competence,
The plans shall contain a signed and sealed statement certifying that the
design of all stormwater management facilities and practices will control
and treat the runoff from the from the first one inch of rain over the total
drainage area, that the designs and plans are sufficient to comply with
applicable standards and policies found in the Stormwater BMP Design
Manual, and that the designs and plans ensure compliance with this
ordinance.
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The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 10-426.
c.) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall
be granted, the applicant shall certify, under seal, that the completed
project is in accordance with the approved stormwater management plans
and designs and with the requirements of this ordinance. The applicant
shall submit all of the information required in the As -Built submittal
checklist established by the Stormwater Administrator. A final inspection
and approval by the Stormwater Administrator shall occur before the
release of any performance securities.
d.) Other Permits
No certificate of compliance or occupancy shall be issued by the Town of
Elon without final as -built plans and a final inspection and approval by the
Stormwater Administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the Town of Elon 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.
2.5 Approvals
a.) Effect of Approval
Approval authorizes the applicant to go forward with only the specific
plans and activities authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.
b.) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval.
The Stormwater Administrator may grant a single, one-year extension of
this time limit, for good cause shown, upon receiving a written request
from the applicant before the expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant's vested rights.
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2.6 Appeals
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance and made by the
Stormwater Administrator may file an appeal to the Board of Adjustment within 30
days.
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CHAPTER 3 - Standards
3.1 General Standards
All development and redevelopment to which this ordinance applies shall comply
with the standards of this section.
3.2 Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-four
percent built -upon area for all residential and non-residential development) shall
comply with each of the following standards:
a.) Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
b.) All development shall beat a minimum of 50 feet landward of all perennial
surface waters and 30 feet landward of intermittent surface waters in
accordance with Section 3.14 of the Town of Elon Land Development
Ordinance.
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.
3.3 Development standards for High -Density Projects
High -density projects (any project that exceeds the low density thresholds for
dwelling units per acre or built -upon area) shall implement structural stormwater
management systems that comply with each of the following standards:
a.) Control and treat the runoff from the first one inch of rain;
b.) Runoff volume drawdown time shall be a minimum of 48 hours, but not
more than 120 hours;
c.) Discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one-year, 24-hour storm;
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d.) All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of 85%
average annual removal for Total Suspended Solids (TSS);
e.) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the Stormwater BMP Design
Manual;
f.) All development shall be at a minimum of 50 feet landward of all perennial
surface waters and 30 feet landward of intermittent surface waters in
accordance with Section 3.14 of the Town of Elon Land Development
Ordinance.
g.) 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.
In the event new development or redevelopment has, in the opinion of the
Stormwater Administrator or his designee, the potential to cause increased
downstream flooding and erosion, a structural stormwater management system will
be required that does not allow stormwater to leave the project site at a rate greater
than the predevelopment discharge rate for the ten-year, 24-hour storm.
3.4 Standards for Stormwater Control Measures
a.) Evaluation According to Contents of Stormwater BMP Design Manual
All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPs) required under this
ordinance shall be evaluated by the Stormwater Administrator according
to the policies, criteria, and information, including technical specifications
and standards and the specific design criteria for each stormwater
practice, in the Stormwater BMP Design Manual. The Stormwater
Administrator shall determine whether proposed BMPs will be adequate to
meet the requirements of this ordinance.
b.) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
Stormwater BMP Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this ordinance.
Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and
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specifications in the Stormwater BMP Design Manual, the applicant shall
have the burden of demonstrating that the practice(s) will satisfy the
minimum water quality and quantity performance standards of this
ordinance. The Stormwater Administrator may require the applicant to
provide the documentation, calculations, and examples necessary for the
Stormwater Administrator to determine whether such an affirmative
showing is made.
c.) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table,
the separation shall be provided by at least 12 inches of naturally
occurring soil above the seasonal high-water table.
3.5 Dedication of BMP's, Facilities, and Improvements
Unless otherwise approved, ownership of any existing or future stormwater
management facilities shall remain with the owner of ht property or a legally
established property owner's association. Such facilities shall meet all the
requirements of this ordinance and include adequate and perpetual access and
sufficient area, by easement or otherwise, for inspection and regular maintenance.
3.6 Variances
a.) Any person may petition the Town of Elon 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 Elon may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
3.7 Nutrient Sensitive Waters
In addition to the standards for stormwater handling set out in the NCDENR
Stormwater BMP Design Manual, development and redevelopment shall be
Town of Elon 18 Phase 11 Stormwater Ordinance

designed to implement the best stormwater practices that reduce nutrient loading,
while still meeting the other requirements of this ordinance.
3.8 Nutrient Application Management Program
a.) Applicability
This Program shall apply to the following persons within the corporate
limits and extraterritorial jurisdiction of the Town of Elon as follows.
(1) Persons who own or manage cropland areas for commercial
purposes;
(2) Persons who own or manage commercial ornamental and floriculture
areas and greenhouse production areas;
(3) Persons who own or manage golf courses, grassed public
recreational lands, grassed road or utility rights -of -way, or other
institutional lands totaling at least five acres in size;
(4) Persons hired to apply nutrients to the lands described in Sub -Items
(1) through (3) above or to residential, commercial, industrial or
institutional properties, if the total area of the properties served
exceeds 10 acres. This shall not apply to residential, commercial, or
industrial landowners who apply nutrients to their own property.
(5) Nutrient management consultants hired by persons listed in this Item
to provide nutrient management advice for lands in the Town's
jurisdiction.
b.) Requirements
Persons to whom this Ordinance applies shall meet the following
requirements:
(1) Any person subject to this rule who applies nutrients to, or who is
hired to provide nutrient management advice for, land within the
Town's jurisdiction shall either:
(A) Attend and complete nutrient management training pursuant to
Item (c) of this Section; or
(B) Complete and properly implement a nutrient management plan
for all lands to which they apply or manage the application of
nutrients, or for which they provide nutrient management advice,
pursuant to Item (d) of this Section.
(2) Persons who hire an applicator to apply nutrients to the land that they
own or manage shall either:
Town of Elon 19 Phase Il Stormwater Ordinance

(A) Ensure that the applicator they hire has attended and completed
nutrient management training pursuant to Item (c) of this
Section; or
(B) Ensure that the applicator they hire has completed a nutrient
management plan for the land that they own or manage
pursuant to Item (d) of this Section; or
(C) Complete a nutrient management plan for the land that they
own or manage pursuant to Item (d) of this Section and ensure
that the applicator they hire follows this plan.
c.) Nutrient Management Training
Persons who choose to meet this requirement by completing nutrient
management training shall meet the following requirements.
(1) Persons who are subject to this Ordinance as of its effective date,
and persons who become subject to this Ordinance after its effective
date, shall complete training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality within five years
and obtain a certificate from the training entity to that effect. Training
shall be sufficient to provide participants with an understanding of the
value and importance of proper management of nitrogen and
phosphorus, and the water quality impacts of poor nutrient
management, and the ability to understand and properly carry out a
nutrient management plan.
(2) Persons who become subject to this Ordinance after its effective date
shall complete the training provided by either the Cooperative
Extension Service or the North Carolina Department of Environment
and Natural Resources - Division of Water Quality and obtain a
certificate to that effect from the training entity within one year from
the date that they become subject verifying completion of training that
addresses the elements identified in Sub -Item (c)(1).
(3) Persons who fail to obtain the nutrient management certificate within
the required timeframes or who are found by the Stormwater
Administrator to have knowingly failed to follow nutrient management
requirements as referenced in Sub -Items (d)(1)(A) through (d)(1)(C)
of this section shall develop and properly implement nutrient
management plans pursuant to Item (e) of this Section.
(4) Training certificates must be kept on -site, at the job site, or be
produced within 24 hours of a request by the Town of Elon.
Town of Elon 20 Phase 11 Stormwater Ordinance

d.) Nutrient Management Plans
Persons who choose to meet the nutrient application requirement by
completing and implementing a nutrient management plan shall meet the
following requirements.
(1) Persons who are subject to this Ordinance as of its effective date and
persons who become subject to this Ordinance after its effective date
shall develop and implement a nutrient management plan that meets
the following standards within five years of the effective date or within
6 months from the date that they become subject, whichever is later.
(A) Nutrient management plans for cropland shall meet the
standards and specifications adopted by the NC Soil and Water
Conservation Commission, including those found in 15A NCAC
06E .0104 and 15A NCAC 06F .0104, which are incorporated
herein by reference, including any subsequent amendments and
additions to such rules that are in place at the time that plans
are approved by a technical specialist as required under Sub -
Item (d)(2) of this section.
(B) Nutrient management plans for turfgrass shall follow the North
Carolina Cooperative Extension Service guidelines in "Water
Quality and Professional Lawn Care" (NCCES publication
number WQMM-155), "Water Quality and Home Lawn Care"
(NCCES publication number WQMM-151), or other equivalent
or more stringent guidance distributed by land-grant universities
for turfgrass management.
(C) Nutrient management plans for nursery crops and greenhouse
production shall follow the Southern Nurserymen's Association
guidelines promulgated in "Best Management Practices Guide
For Producing Container -Grown Plants" or guidelines distributed
by land-grant universities. The materials related to nutrient
management plans for turfgrass, nursery crops and greenhouse
production are hereby incorporated by reference including any
subsequent amendments and editions and are available for
inspection at the Department of Environment and Natural
Resources Library, 512 North Salisbury Street, Raleigh, North
Carolina.
(2) The person who writes the nutrient management plan shall have the
plan approved in writing by a technical specialist. Appropriate
technical specialists shall be as follows.
(A) Nutrient management plans for cropland using either inorganic
fertilizer or organic nutrients shall be approved by a technical
Town of Elon 21 Phase 11 Stormwater Ordinance

specialist designated pursuant to the process and criteria
specified in Rules adopted by the Soil and Water Conservation
Commission for nutrient management planning, including 15A
NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule.
(B) Nutrient management plans for turfgrass and nursery crops and
greenhouse production shall be approved by a technical
specialist designated by the Soil and Water Conservation
Commission pursuant to the process and criteria specified in
15A NCAC 06F .0105, excepting Sub -Item (a)(2) of that Rule. If
the Soil and Water Conservation Commission does not
designate such specialists, then the Environmental
Management Commission shall do so using the same process
and criteria.
(3) Nutrient management plans and supporting documents must be kept
on -site or be produced within 24 hours of a request by the Town.
3.9 On -site Wastewater Treatment Systems
For new development and redevelopment that includes the use of on -site
wastewater treatment systems, a copy of the approved system permit issued by the
Alamance County Environmental Health Department shall be provided to the
Stormwater Administrator. On -site Wastewater Treatment Systems
Town of Elon 22 Phase 11 Stormwater Ordinance

CHAPTER 4 - Maintenance
4.1 General Standards for Maintenance
a.) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance
shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.
b.) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed
pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from one of the following persons performing services
only in their area of competence: a qualified registered North Carolina
professional engineer, surveyor, landscape architect, soil scientist, aquatic
biologist, or person certified by the North Carolina Cooperative Extension
Service for stormwater treatment practice inspection and maintenance.
The inspection report shall contain all of the following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each structural
BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or
landscape architect.
(7) Each annual report shall include a color photograph of each BMP.
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.
Town of Elon 23 Phase 11 Stormwater Ordinance

4.2 Operation and Maintenance Agreement
a.) In General
Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to this ordinance, and prior to issuance of
any permit for development 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, 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 the Town of Elon a right
of entry in the event that the Stormwater Administrator has reason to
believe it has become necessary to inspect, monitor, maintain, repair, or
reconstruct the structural BMP; however, in no case shall the right of
entry, of itself, confer an obligation on the Town of Elon to assume
responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be referenced
on the final plat and shall be recorded with the county Register of Deeds
upon final plat approval. A copy of the recorded maintenance agreement
shall be given to the Stormwater Administrator within fourteen (14) days
following its recordation.
b.) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners' association, property
owners' association, or similar entity, the required operation and
maintenance agreement shall include all of the following provisions-
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement,
major repair, or reconstruction of the structural BMPs. If structural
BMPs are not performing adequately or as intended or are not
properly maintained, the Town of Elon, in its sole discretion, may
remedy the situation, and in such instances the Town of Elon shall be
Town of Elon 24 Phase 11 Stormwater Ordinance

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 Elon shall first consent to
the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the
escrow account an amount equal to fifteen (15) per cent of the initial
construction cost of the structural BMPs. Two-thirds (2/3) of the total
amount of sinking fund budget shall be deposited into the escrow
account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the
structural BMPs. Funds shall be deposited each year into the escrow
account. A portion of the annual assessments of the association shall
include an allocation into the escrow account. Any funds drawn down
from the escrow account shall be replaced in accordance with the
schedule of anticipated work used to create the sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Town of Elon depending on the
design and materials of the stormwater control and management
facility.
(5) Granting to the Town of Elon a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural BMPs.
(6) Allowing the Town of Elon to recover from the association and its
members any and all costs the Town of Elon expends to maintain or
repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the Town of Elon 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 Elon 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, in case of a deficiency. Interest, collection
costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Town of Elon
to maintain or repair any structural BMPs, and the Town of Elon 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 Elon to enforce any of its
ordinances as authorized by law.
(9) A provision indemnifying and holding harmless the Town of Elon for
any costs and injuries arising from or related to the structural BMP,
Town of Elon 25 Phase 11 Stormwater Ordinance

unless the Town of Elon 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.
4.3 Inspection Program
Inspections and inspection programs by the Town of Elon may be conducted or
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater,
and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
4.4 Performance Security for Installation and Maintenance
a.) Shall Be Required
The Town of Elon shall, 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
Town of Elon 26 Phase 11 Stormwater Ordinance

approved under the permit, at a discount rate that reflects the jurisdiction's
cost of borrowing minus a reasonable estimate of long term inflation.
c.) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure,
after proper notice, to complete work within the time specified, or to initiate
or maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this
ordinance, or an operation and maintenance agreement established
pursuant to this ordinance.
(2) Default
Upon default of the ownerto construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator
shall obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of
funds shall only be made after requesting the owner to comply with the
permit or maintenance agreement. In the event of a default triggering the
use of installation performance security, the Town of Elon 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 Elon takes action upon such failure by the applicant or owner,
the Town may collect from the applicant or owner the difference between
the amount of the reasonable cost of such action and the amount of the
security held, in addition to any other penalties or damages due.
(4) Refund
Within sixty days of the final approval, the installation performance
security shall be refunded to the applicant or terminated, except any
amount attributable to the cost (plus 25%) of landscaping installation and
ongoing maintenance associated with the BMPs covered by the security.
Any such landscaping shall be inspected one (1) year after installation
with replacement for compliance with the approved plans and
specifications and, if in compliance, the portion of the financial security
attributable to landscaping shall be released.
Town of Elon 27 Phase Il Stormwater Ordinance

4.5 Notice to owners
a.) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded
with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and
maintenance agreement shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers
under generally accepted searching principles.
b.) Signage
Where appropriate in the determination of the Stormwater Administrator to
assure compliance with this ordinance, structural BMPs shall be posted
with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as to
remain visible and legible.
4.6 Records of Installation and Maintenance Activities
The owner of each structural BMP shall keep records of inspections, maintenance,
and repairs for at least five years from the date of creation of the record and shall
submit the same upon reasonable request to the Stormwater Administrator.
4.7 Nuisance
The owner of each stormwater BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a nuisance condition.
4.8 Maintenance Easement
Every structural BMP installed pursuant to this ordinance shall be made accessible
for adequate maintenance and repair by a maintenance easement. This access
maintenance easement shall have a minimum width of 20 feet, a maximum slope of
15%, be connected to public right-of-way, be cleared, and be traversable by
construction equipment. The easement shall be recorded and its terms shall specify
who may make use of the easement and for what purposes.
Town of Elon 28 Phase 11 Stormwater Ordinance

CHAPTER 5 - Enforcement and Violations
5.1 General
a.) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of Town of
Elon. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of Town of
Elon.
b.) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment approval
or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance.
c.) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
d.) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively
or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this
ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies
and penalties set forth herein may include any architect, engineer, builder,
contractor, developer, agency, or any other person who participates in,
assists, directs, creates, causes, or maintains a condition that results in or
constitutes a violation of this ordinance, or fails to take appropriate action,
so that a violation of this ordinance results or persists; or an owner, any
tenant or occupant, or any other person, who has control over, or
responsibility for, the use or development of the property on which the
violation occurs.
For the purposes of this Ordinance, responsible person(s) shall include
but not be limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
Town of Elon 29 Phase Il Stormwater Ordinance

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, who has control over, or responsibility for, the use,
development or redevelopment of the property.
5.2 Remedies and Penalties
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law,
and may be exercised in any order.
a.) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to
issue a certificate of occupancy for the building or other improvements
constructed or being constructed on the site and served by the stormwater
practices in question until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or has
otherwise cured the violations described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized agent may
withhold, and the Planning Board of the Town of Elon may disapprove,
any request for permit or development approval or authorization provided
for by this ordinance or the Planning Board of the Town of Elon for the
land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Town Attorney, with the authorization of the Board of Aldermen, 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.
Town of Elon 30 Phase 11 Stormwater Ordinance

If the violation is deemed dangerous or prejudicial to the public health or
public safety and is within the geographic limits prescribed by North
Carolina G.S. § 160A-193, the Stormwater Administrator, with the
authorization of the Board of Aldermen, may cause the violation to be
corrected and the costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the
person(s) violating this ordinance. The stop work order shall remain in
effect until the person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violation or violations
described therein. The stop work order may be withdrawn or modified to
enable the person to take the necessary remedial measures to cure such
violation or violations.
b.) Civil Penalties
In addition to other remedies cited in this ordinance for the enforcement of
its provisions, the regulations and standards in this ordinance may be
enforced through the issuance of civil penalties by the Stormwater
Administrator. Subsequent citations for the same violation may be issued
by the Stormwater Administrator if the offender does not pay the citation
after it has been issued, unless the offender has sought an appeal to the
actions of the Stormwater Administrator through the Board of Adjustment.
Once the ten-day warning period has expired, each day which the
violation continues will subject the violator to additional citations to be
issued by the Stormwater Administrator. The penalties are established in
Section 8.3.3.2(G) of the Town of Elon Land Development Ordinance.
c.) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law.
5.3 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.
Town of Elon 31 Phase 11 Stormwater Ordinance

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 Town Police Department, Town
Planning Department, by certified or registered mail, return receipt
requested, or by any means authorized for the service of documents by
Rule 4 of the North Carolina Rules of Civil Procedure.
Note that if the administering unit is adopting this stormwater ordinance
under its planning and zoning authority or is administering it as part of its
building code enforcement program, it should consider whether it needs to
follow the notice and opportunity to respond procedure set out in G.S.
160A-441 et seq. See Newton v. Winston-Salem, 92 N.C. App. 446
(1988).
If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may take
appropriate action under this ordinance to correct and abate the violation
and to ensure compliance with this ordinance.
d.) Extension of Time
A person who receives a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the
Stormwater Administrator a written request for an extension of time for
correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the
Town of Elon 32 Phase 11 Stormwater Ordinance

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 Ordinance.
Town of Elon 33 Phase Il Stormwater Ordinance

CHAPTER 6 - Definitions
6.1 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.
Applicator
Person who applies fertilizer to the land or the immediate supervisor of such person.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel
areas such as roads, parking lots, and paths; and recreation facilities such as tennis
courts. "Built -upon area" does not include a wooden slatted deck, the water area of a
swimming pool, or pervious or partially pervious paving material to the extent that
the paving material absorbs water or allows water to infiltrate through the paving
material.
Consultant
Person who is hired to provide professional advice to another person.
Department
The North Carolina Department of Environment and Natural Resources.
Stormwater BMP Design Manual
The Stormwater Best Management Practice Design Manual approved for use in
Phase I I jurisdictions by the Department for the proper implementation of the
requirements of the federal Phase 11 stormwater program. All references herein to
the Stormwater BMP Design Manual are to the latest published edition or revision.
Development
Any land disturbing activity which adds to or changes the amount of impervious or
partially pervious cover on a land area or which otherwise decreases the infiltration
of precipitation into the soil, other than rebuilding activity that does not qualify as
redevelopment.
Town of Elon 34 Phase 11 Stormwater Ordinance

Division
The Division of Water Quality in the North Carolina Department of Environment and
Natural Resources.
High -density project
Any project that exceeds the low 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 -density project
A project that has no more than two dwelling units per acre or twenty-four percent
built -upon area (BUA) for all residential and non-residential development. A project
with an overall density at or below the relevant low -density threshold, but containing
areas with a density greater than the overall project density, may be considered low
density as long as the project meets or exceeds the post -construction model
practices for low -density projects and locates the higher density in upland areas and
away from surface waters and drainageways to the maximum extent practicable.
1-year, 24-hour storm
A stormwater event which occurs on average once every year or statistically has a
100% chance on average of occurring in a given year. The 1-year, 24 hour storm
produces approximately 3.0 inches of rain in the Elon area.
Redevelopment
Any development on previously -developed land , other than a rebuilding activity that
results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development
Runoff
The water from rain, snowmelt or irrigation that flows over the land surface and is not
absorbed into the ground, instead flowing into streams or other surface waters or
land depressions.
Town of Elon 35 Phase 11 Stormwater Ordinance

Stormwater BMP Design Manual
The Stormwater BMP Design Manual approved for use in Phase II jurisdictions by
the North Carolina Department of the Environment and Natural Resources -Division
of Water Quality for the proper implementation of the requirements of the federal
Phase II stormwater program. All references herein to the Stormwater BMP Design
Manual are to the latest published edition or revision.
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_
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff; to alter or reduce stormwater runoff veloTown, amount, timing, or other
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.
Town of Elon 36 Phase Il Stormwater Ordinance

Town of Elon 37 Phase Il Stormwater Ordinance