WSMU_HILD_WSWP Ordinance_20230614

ARTICLE XV
WATERSHED PROTECTION
Section 15.1 Authority and Enactment.
The Legislature of the State of North Carolina has, in Chapter 160D,Article 19, Planning and
Regulation of Development; and in Chapter 143, Article 21, Watershed Protection Rules (NCGS 143-
214.5), delegated the responsibility or directed local governmental units to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry. The Town of Hildebran,North
Carolina("the Town"), does hereby ordain and enact into law the following articles as the Watershed
Protection Ordinance of Hildebran,North Carolina.
Section 15.2 Jurisdiction.
The provisions of this Ordinance shall apply within the overlay zones designated as a Public Water
Supply Watershed as defined and established on the "Official Zoning Map of Hildebran,North
Carolina" ("the Zoning Map", "the Watershed Map"), such overlay zones being adopted simultaneously
herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby
made a part of this Ordinance.
Section 15.3 Exceptions to Applicability.
A. Development activities that do not require a Sedimentation/Erosion Control Plan according to
State law are exempt from the requirements of this Section.
B. Existing development, as defined in this Ordinance, is not subject to the requirements of this
Ordinance. Existing development is defined as those projects that are built or those projects that at
a minimum have established a vested right under North Carolina zoning law as of the effective
date of this Ordinance based on at least one of the following criteria:
1) Having expended substantial resources (time, labor,money)based on a good faith reliance
upon having received a valid local government approval to proceed with the project;
2) Having an outstanding valid building permit as authorized by NCGS 160D-102; or
3) Having an approved site specific or phased development plan as authorized by NCGS
160D-102.
C. Expansions to structures classified as existing development must meet the requirements of this
Ordinance;however,the built-upon area of the existing development is not required to be included
in the density calculations.
D. Reconstruction of Buildings or Built-Upon Areas. Any existing building or built-upon area not in
conformance with the restrictions of this Ordinance that has been damaged or removed may be
repaired and/or reconstructed, except that there are no restrictions on single-family residential
redevelopment, provided:
1) Repair or reconstruction is initiated within twelve (12) months and completed within two
years of such damage.
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2) The total amount of space devoted to built-upon area may not be increased unless
stormwater control that equals or exceeds the previous development is provided.
E. A pre-existing vacant lot owned by an individual prior to the effective date of this Ordinance,
regardless of whether or not a vested right has been established,may be developed for single family
residential purposes without being subject to the restrictions of this Section,provided the property
is zoned for this use. However, this exemption is not applicable to multiple contiguous lots under
single ownership.
Section 15.4 Cluster or Planned Unit Development.
Cluster or Planned Unit Development is allowed in all Watershed Areas under the following conditions:
A. Development activities shall comply with the requirements of Section 10.4 of this Ordinance.
B. All built-upon areas shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow.
C. The remainder of the tract shall remain in a vegetated or natural state. Where the development
has an incorporated property owners association, the title of the open space area shall be
conveyed to the association for management. Where a property association is not incorporated, a
maintenance agreement shall be filed with the deeds.
Section 15.5 Buffer Areas Required.
A. A minimum one hundred(100)foot vegetative buffer is required for all new development activities
that exceed the low density option; otherwise, a minimum thirty (30) foot vegetative buffer for
development activities is required along all perennial waters indicated in the most recent versions
of USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government
studies. Artificial stream bank or shoreline stabilization is permitted.
B. No new development is allowed in the buffer except for water dependent structures and public
projects such as road crossings and greenways and their appurtenances where no practical
alternative exists. These activities should minimize built-upon surface area, direct runoff away
from the surface waters and maximize the utilization of storm water Best Management Practices,
defined as a structural or nonstructural management-based practice used singularly or in
combination to reduce nonpoint source inputs receiving waters in order to achieve water quality
goals.
Section 15.6 Rules Governing the Interpretation of Watershed Area Boundaries.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map,
the following rules shall apply:
A. Where area boundaries are indicated as approximately following either street, alley, railroad or
highway lines or center lines thereof, such lines shall be construed to be said boundaries.
B. Where area boundaries are indicated as approximately following lot lines, such lot lines shall be
construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor
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may be submitted to the Watershed Administrator as evidence that one or more properties along
these boundaries do not lie within the watershed area.
C. Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet from
any parallel lot line, the location of watershed area boundaries shall be determined by use of the
scale appearing on the Watershed Map.
D. Where the watershed area boundaries lie at a scaled distance of twenty-five (25) feet or less from
any parallel lot line,the location of watershed area boundaries shall be construed to be the lot line.
E. Where other uncertainty exists,the Watershed Administrator shall interpret the Watershed Map as
to location of such boundaries. This decision may be appealed to the Watershed Review Board.
Section 15.7 Watershed Administrator and Duties Thereof.
The Hildebran Town Council shall appoint a Watershed Administrator. It shall be the duty of the
Watershed Administrator to administer and enforce the provisions of this Ordinance as follows:
A. The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection
Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be
available for public inspection during regular office hours of the Administrator.
B. The Watershed Administrator shall serve as staff to the Watershed Review Board.
C. The Watershed Administrator shall keep records of all amendments to the local Water Supply
Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the
Supervisor of the Classification and Standards Group, Water Quality Section, Division of
Environmental Management.
D. The Watershed Administrator is granted the authority to administer and enforce the provisions of
this Ordinance, exercising in the fulfillment of his responsibility the full zoning and police power
of the Town of Hildebran. The Watershed Administrator, or his duly authorized representative,
may enter any building, structure, or premises, as provided by law, to perform any duty imposed
upon him by this Ordinance.
E. The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed
Protection Ordinance. This record shall be submitted to the Supervisor of the Classification and
Standards Group, Water Quality Section, Division of Environmental Management annually and
shall provide a description of each project receiving a variance and the reasons for granting the
variance. The Watershed Administrator shall submit a record of all variances granted by the Town
during the previous calendar year to the Division of Environmental Management on or before
January Pt of the following year.
Section 15.8 Appeal from the Watershed Administrator.
A. Any order, requirement, decision or determination made by the Watershed Administrator may be
appealed to and decided by the Board of Adjustment.
B. An appeal from a decision of the Watershed Administrator must be submitted to the Board of
Adjustment within thirty (30) days from the date the order, interpretation, decision or
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determination is made. All appeals must be made in writing stating the reasons for appeal.
Following submission of an appeal, the Watershed Administrator shall transmit to the Board all
papers constituting the record upon which the action appealed from was taken.
C. An appeal stays all proceedings in furtherance of the action appealed,unless the officer from whom
the appeal is taken certifies to the Board after the notice of appeal has been filed with him, that by
reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or
property. In such case,proceedings shall not be stayed otherwise than by a restraining order which
may be granted by the Board or by a court of record on application of notice of the officer from
whom the appeal is taken and upon due cause shown.
D. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties
and shall decide the same within a reasonable time.At the hearing,any party may appear in person,
by agent or by attorney.
Section 15.9 Establishment of Watershed Review Board.
There shall be and hereby is created the Watershed Review Board consisting of the same membership as
the Hildebran Board of Adjustment. Terms for members of the Watershed Review Board shall coincide
with the membership terms for Board of Adjustment.
Section 15.10 Powers and Duties of the Watershed Review Board and Board of Adjustment.
A. The Board of Adjustment shall be responsible for reviewing and hearing all minor watershed
variance cases, and shall proceed as provided in Article XVII of the Zoning Ordinance for zoning
variances.
B. If the application calls for the granting of a major watershed variance, and if the Board of
Adjustment decides in favor of granting the major watershed variance, the Board shall prepare a
preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall
include:
1) The variance applications;
2) The hearing notices;
3) The evidence presented;
4) Motions, offers of proof, objections to evidence, and rulings on them;
5) Proposed findings and exceptions;
6) The proposed decision, including all conditions proposed to be added to the permit.
C. The preliminary record shall be sent to the Environmental Management Commission for its review
as follows:
1) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that (1) the property owner can secure no reasonable return from, nor
make any practical use of the property unless the proposed variance is granted, and(2)the
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variance, if granted, will not result in a serious threat to the water supply, then the
Commission shall approve the variance as proposed or approve the proposed variance with
conditions and stipulations. The Commission shall prepare a Commission decision and
send it to the Board of Adjustment. If the commission approves the variance as proposed,
the Board shall prepare a final decision granting the proposed variance. If the Commission
approves the variance with conditions and stipulations, the Board shall prepare a final
decision, including such conditions and stipulations, granting the proposed variance.
2) If the Commission concludes from the preliminary record that the variance qualifies as a
major variance and that(1)the property owner can secure a reasonable return from or make
a practical use of the property without the variance or(2)the variance,if granted,will result
in a serious threat to the water supply, then the Commission shall deny approval of the
variance as proposed. The Commission shall prepare a commission decision and send it to
the Board of Adjustment. The Board shall prepare a final decision denying the variance as
proposed.
3) Approval of all development greater than the low density option shall be the authority of
the Watershed Review Board.
4) As part of a proposed variance, the Watershed Review Board shall notify and allow a
reasonable comment period for all other governments having jurisdiction within the
watershed area and the entity using the water supply for consumption.
Section 15.11 Appeals from the Watershed Review Board or Board of Adjustment.
Appeals from the Watershed Review Board must be filed with the Superior Court within thirty(30) days
from the date of the decision. The decisions by the Superior Court will be in the manner of certiorari.
Section 15.12 Watershed Areas Described.
WS-IV-PA Watershed Areas— Only new development activities that require a sedimentation/erosion
control plan under State law or approved local government program are required to meet the provisions
of these rules when located in the WS-IV Watershed. Single family residential uses shall develop at a
maximum of two (2) dwelling units per acre. All other residential and non-residential development shall
be allowed at a maximum of twenty-four percent(24%)built-upon area. A maximum of three(3)dwelling
units per acre or thirty-six percent (36%) built-upon area is allowed for projects without curb and gutter
street system. In order to address a moderate to high land use intensity pattern, engineered stormwater
controls shall be used to control runoff from the first inch of rainfall with an approved High Density
Development Permit (Section 15.13). In this case, development shall not exceed seventy percent (70%)
built-upon area.
Section 15.13 High Density Development Standards.
The Watershed Review Board may approve high density development proposals consistent with the
following standards:
Section 15.14 High Density Development Permit Application.
A. A High Density Development Permit shall be required for new development exceeding the
requirements of the low density option.
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B. Application for a High Density Development Permit shall be addressed and submitted to the
Watershed Review Board through the Watershed Administrator. Application for a High Density
Development Permit shall be made on the proper form and shall include the following information:
1) A completed High Density Development Permit Application signed by the owner of the
property. The signature of the consulting engineer or other agent will be accepted on the
application only if accompanied by a letter of authorization;
2) Ten (10) reproducible copies of the development plan including detailed information
concerning built-upon area;
3) Ten(10) reproducible copies of the plans and specifications of the stormwater control
structure consistent with Section 15.15;
4) When required by law, written verification that a soil erosion and sedimentation control
plan has been approved by the appropriate State or local agency;
5) Permit Application Fees consistent with Section 15.18;
C. Prior to taking final action on any application, the Board or the Watershed Administrator may
provide an opportunity to public agencies affected by the development proposal to review and
make recommendations on the application. However, failure of the agencies to submit their
comments and recommendations shall not delay the Board's action within the prescribed time limit.
D. Public Hearing. Upon receipt of a completed application, the Watershed Review Board shall hold
a public hearing. Notice of the hearing shall be published in a newspaper of general circulation at
least seven days prior to the date of the hearing. The notice shall state the location of the building,
lot or tract in question, the intended use of the property, the need for engineered stormwater
controls and the time and place of the hearing. At the hearing, the applicant or designated
representative thereof shall appear for the purposes of offering testimony and recommendations
concerning the application. The Board shall also allot reasonable time for the expression of views
by any member of the public attending the meeting in person or represented by an attorney
provided the testimony bears on the findings the Board must make.
E. The Watershed Review Board shall issue a High Density Development Permit within sixty-five
(65) days of its first consideration upon finding that the proposal is consistent with the applicable
standards set forth in the Watershed Protection Ordinance and the following conditions are met:
1) The use will not endanger the public health, safety and general welfare if located where
proposed and developed according to the plan as submitted and approved;
2) The use minimizes impacts to water quality through the Best Management Practices,
cluster development, and/or maximum setbacks from perennial waters;
3) The use is vital to the continued growth and economic development of the Town of
Hildebran.
4) The use is consistent with the officially adopted land development plans for the Town of
Hildebran.
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If the Watershed Review Board finds that any one of the above conditions is not met,the Board shall deny
the application.
F. In addition to any other requirements provided by this Ordinance, the Board may designate
additional permit conditions and requirements to assure that the use will be harmonious with the
area in which it is proposed to be located and with the spirit of this Ordinance. All additional
conditions shall be entered in the minutes of the meeting at which the permit is granted, on all
plans and on the permit certificate. All conditions so imposed shall run with the land and shall be
binding upon the applicant and the applicant's heirs, successors or assigns during the continuation
of the permitted use.
G. The Board shall issue a written ruling and make copies available at the Office of the Watershed
Administrator and the Town Clerk. If the Board approves the application based on its findings,
such approval shall be indicated on the permit and all copies of the site plan and all copies of the
plans and specifications of the stormwater control structure(s). A High Density Development
Permit shall be issued after the applicant posts a performance bond or other acceptable security
as required in Section 15.16 B. 1) and executes an Operation and Maintenance Agreement as
required in Section 15.15 C. A copy of the permit and one copy of each set of plans shall be kept
on file at the Watershed Administrator's office. The original permit and one copy of each set of
plans shall be delivered to the applicant either by personal service or registered mail, return
receipt requested.
Section 15.15 Stormwater Control Structures.
A. All stormwater control structures shall be designed by a North Carolina registered professional
with qualifications appropriate for the type of system required. These registered professionals
are defined as professional engineers, landscape architects, to the extent that the General
Statutes, Chapter 89A , or land surveyors, to the extent that the design represents incidental
drainage within a subdivision, as provided in General Statutes 89(C)-3(7).
B. All stormwater control structures shall be designed, constructed, and maintained according to the
standards of the current NC DWQ Stormwater BMP Manual. If conflicts with the requirements
in Section 15.15 C. and D. exist then the more stringent requirements apply.
C. The design criteria for approval shall be 85 percent average annual removal of Total Suspended
Solids. Also the discharge rate shall meet one of the following criteria:
1) The discharge rate following the 1-inch design storm shall be such
that the runoff draws down to the pre-storm design stage within five
days, but not less than two days; or
2) The post development peak discharge rate shall equal the
predevelopment rate for the 1-year, 24 hour storm
D. All stormwater wetlands, wet detention and dry detention ponds shall be enclosed by a fence
with a minimum height of six (6) feet.
E. All land areas outside of the stormwater control structure shall be provided with a ground cover
sufficient to restrain erosion within thirty(30) days after any land disturbance. Upon completion
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of the stormwater control structure, a permanent ground cover shall be established and maintained
as part of the maintenance agreement described in Section 15.16 C.
F. A description of the area containing the stormwater control structure shall be prepared and filed
consistent with Section 15.19 A. and B., as a separate deed with the Burke County Register of
Deeds along with any easements necessary for general access to the stormwater control structure.
The deeded area shall include the detention pond, vegetative filters, all pipes and water control
structures, berms, dikes, other similar structures related to the stormwater control structures, and
sufficient area to perform inspections, maintenance, repairs and reconstruction.
G. Qualifying areas of the stormwater control structure may be considered pervious when computing
total built-upon area. However, if the structure is used to compute the percentage built upon area
for one site, it shall not be used to compute the built upon area for any other site or area.
Section 15.16 Posting of Financial Security Required.
A. All new stormwater control structures shall be conditioned on the posting of adequate financial
assurance for the purpose of maintenance, reconstruction, or repairs necessary for adequate
performance of the stormwater control structures.
B. Financial assurance shall be in the form of the following:
1) Security Performance Bond or other security. The permit applicant shall obtain either a
performance bond from a surety bonding company authorized to do business in North
Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at
face value payable to the Town of Hildebran or placed in escrow with a financial institution
designated as an official depository of the Town of Hildebran. The bond or other
instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control
structure, as estimated by the applicant and approved by the Town. The total cost of the
stormwater control structure shall include the value of all materials such as piping and other
structures; seeding and soil stabilization;design and engineering; and, grading, excavation,
fill, etc. The costs shall not be prorated as part of a larger project, but rather under the
assumption of an independent mobilization.
2) Cash or Equivalent Security Deposited After the Release of the Performance Bond.
Consistent with Section 15.19 C. 1), the permit applicant shall deposit with the Town of
Hildebran either cash or other instrument approved by the Town Attorney that is readily
convertible into cash at face value. The cash or security shall be in an amount equal to
fifteen percent (15%) of the total cost of the stormwater control structure or the estimated
cost of maintaining the stormwater control structure over a ten(10) year period,
whichever is greater. The estimated cost of maintaining the stormwater control structure
shall be consistent with the approved operation and maintenance plan or manual provided
by the developer under Section 15.17 A. The amount shall be computed by estimating the
maintenance cost for twenty-five (25) years and multiplying this amount by two fifths or
0.4.
C. Consistent with Section 15.14 G., the permit applicant shall enter into a binding Operation and
Maintenance Agreement between the Town of Hildebran and all interests in the development. Said
Agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the
stormwater control structure in accordance with the operation and management plan or manual
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provided by the developer. The Operation and Maintenance Agreement shall be filed with the
Burke County Register of Deeds by the Watershed Administrator.
D. Default under the performance bond or other security. Upon default of the permit applicant to
complete and/or maintain the stormwater control structure as specifically provided in the
performance bond or other security, the Town of Hildebran may obtain and use all or any portion
of the funds necessary to complete the improvements based on an engineering estimate. The Town
of Hildebran shall return any funds not spent in completing the improvements to the owning entity.
E. Default under the cash security. Upon default of the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control structure in accordance with the Operation and
Maintenance Agreement,the Town of Hildebran shall obtain and use all or any portion of the cash
security to make necessary improvements based on an engineering estimate. Such expenditure of
funds shall only be made after exhausting all other reasonable remedies seeking the owning entity
to comply with the terms and conditions of the Operation and Maintenance Agreement. The Town
of Hildebran shall not return any of the deposited cash funds.
Section 15.17 Maintenance and Upkeep.
A. An operation and maintenance plan or manual shall be provided by the developer for each
stormwater control structure, indicating what operation and maintenance actions are needed, what
specific quantitative criteria will be used for determining when those actions are to be taken and,
consistent with the Operation and Maintenance Agreement, who is responsible for those actions.
The plan shall clearly indicate the steps that will be taken for restoring a stormwater control
structure to design specifications if a failure occurs.
B. Landscaping and grounds management shall be the responsibility of the owning entity. However,
vegetation shall not be established or allowed to mature to the extent that the integrity of the control
structure is diminished or threatened, or to the extent of interfering with any easement to the
stormwater control structure.
C. Except for general landscaping and grounds management, the owning entity shall notify the
Watershed Administrator prior to any repair or reconstruction of the stormwater control structure.
All improvements shall be made consistent with the approved plans and specifications of the
stormwater control structure and the operation and maintenance plan or manual. After notification
by the owning entity, the Town Engineer shall inspect the completed improvements and shall
inform the owning entity of any required additions,changes or modifications and of the time period
to complete said improvements.
D. Amendments to the plans and specifications of the stormwater control structure and/or the
operation and maintenance plan or manual shall be approved by the Watershed Review Board.
Proposed changes shall be prepared by a North Carolina registered professional engineer and
submitted to and reviewed by the Watershed Administrator prior to consideration by the
Watershed Review Board.
1) If the Watershed Review Board approves the proposed changes, the owning entity of the
stormwater control structure shall file sealed copies of the revisions with the Office of the
Watershed Administrator.
2) If the Watershed Review Board disapproves the changes, the proposal may be revised and
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resubmitted to the Watershed Review Board as a new proposal. If the proposal has not
been revised and is essentially the same as that already reviewed, it shall be returned to the
applicant.
E. If the Watershed Review Board finds that the operation and maintenance plan or manual is
inadequate for any reason the Board shall notify the owning entity of any required changes and
shall prepare and file copies of the revised agreement with the Burke County Register of Deeds,
the Office of the Watershed Administrator and the owning entity.
Section 15.18 Application and Inspection Fees.
A. Processing and inspection fees shall be submitted in the form of a check or money order made
payable to the Town of Hildebran. Applications shall be returned if not accompanied by the
required fee.
B. A permit and inspection fee schedule, as approved by the Town of Hildebran, shall be posted in
the Office of the Watershed Administrator.
C. Inspection fees shall be valid for sixty (60) days. An inspection fee shall be required when
improvements are made to the stormwater control structure consistent with Section 15.17 C.,
except in the case when a similar fee has been paid within the last sixty(60) days.
Section 15.19 Inspections and Release of the Performance Bond.
A. The stormwater control structure shall be inspected by the Town, after the owning entity notifies
the Watershed Administrator that all work has been completed. At this inspection, the owning
entity shall provide:
1) The signed deed, related easements and survey plat for the stormwater control structure
ready for filing with the Register of Deeds;
2) A certification sealed by an engineer or landscape architect (to the extent that General
Statutes allow)stating that the stormwater control structure is complete and consistent with
the approved plans and specifications.
B. The Watershed Administrator shall present the materials submitted by the developer and the
inspection report and recommendations to the Watershed Review Board at its next regularly
scheduled meeting.
1) If the Board approves the inspection report and accepts the certification, deed and
easements, the Town shall file the deed and easements with the Burke County Register of
Deeds, release up to seventy-five percent (75%) of the value of the performance bond or
other security and issue a Certificate of Occupancy for the stormwater control structure.
2) If deficiencies are found,the Board shall direct that improvements and inspections be made
and documents corrected and submitted to the Town.
C. No sooner than one year after the filing date of the deed, easements, and maintenance agreement,
the developer may petition the Town to release the remaining value of the performance bond or
other security. Upon receipt of said petition, the Town shall inspect the stormwater control
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structure to determine whether the controls are performing as designed and intended. The
Watershed Administrator shall present the petition and findings to the Watershed Review Board.
1) If the Board approves the report and accepts the petition, the developer shall deposit with
the Town of Hildebran a cash amount equal to that described in Section 15.16 B. 2), after
which the Board shall release the performance bond or other security.
2) If the Board does not accept the report and rejects the petition, the Town shall provide the
developer with instructions to correct any deficiencies and all steps necessary for the
release of the performance bond or other security.
D. A Certificate of Occupancy shall not be issued for any building within the permitted
development until the Watershed Review Board has approved the stormwater control structure,
as provided in Section 15.19 B.
E. All stormwater control structures shall be inspected at least on an annual basis to determine
whether the controls are performing as designed and intended. Records of inspection shall be
maintained on forms approved or supplied by the North Carolina Division of Environmental
Management. Annual inspections shall begin within one year of filing date of the deed for the
stormwater control structure.
F. In the event the Watershed Administrator discovers the need for corrective action or
improvements, the Watershed Administrator shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be completed. All improvements
shall be made consistent with the plans and specifications of the stormwater control structure and
the operation and maintenance plan or manual. After notification by the owning entity, the
Watershed Administrator shall inspect and approve the completed improvements.
Section 15.20 Remedies.
A. If any subdivision, development and/or land use is found to be in violation of this Ordinance, the
Town may, in addition to all other remedies available either in law or in equity, institute a civil
penalty in the amount of $50, institute actions or proceedings to restrain, correct, or abate the
violations; to prevent occupancy of the building, structure, or land; or to prevent any illegal act,
conduct,business, or use in or about the premises. In addition, the North Carolina Environmental
Management Commission may assess civil penalties in accordance with G.S. 143 -215.6(a). Each
day the violation continues shall constitute a separate offense.
B. If the Watershed Administrator finds that any of the provisions of this Ordinance are being
violated, he shall notify in writing the person responsible for such violation, indicating the nature
of the violation, and ordering the action necessary to correct it. He shall order discontinuance of
the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of
additions, alterations or structural changes thereto; discontinuance of any illegal work being done;
or shall take any action authorized by this Ordinance to ensure compliance with or to prevent
violation of its provisions. If a ruling of the Watershed Administrator is questioned, the aggrieved
party or parties may appeal such ruling to the Board of Adjustment.
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Section 15.21 Sanctions.
In addition to the remedies described in Section 15.20 of this Ordinance and consistent with G.S. 160A-
175, the Hildebran Town Council may seek enforcement of this Ordinance by assessing a civil penalty
to be recovered by the Town in a civil action in the nature of debt if the offender does not pay the
penalty in a prescribed period of time after being cited for violation of the Ordinance. Such violation
may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The
court may issue an injunction and order of abatement commanding the defendant to correct the unlawful
condition upon or cease the unlawful use of the property. The action shall be governed in all respects by
the laws and rules governing civil proceedings, including the rules of Civil Procedure in general and
Rule 65 in particular. If the defendant fails or refuses to comply with an injunction or with an order of
abatement within the time allowed by the court, the defendant may be cited for contempt and the Town
may execute the order of abatement. The Town shall have a lien on the property for the cost of
executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant
may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a
bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of
Superior Court in an amount approved by the judge before whom the matter is heard and shall be
conditioned on the defendant's full compliance with the terms of the order of abatement within a time
fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction
issued in conjunction therewith. Enforcement of this Ordinance may be by any one, all or a combination
of the remedies authorized in this Ordinance. Each day's continuing violation shall be a separate and
distinct offense.
Section 15.22 Effective Date.
This Ordinance shall take effect and be in force on October 1, 1993.
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