NCS000416_Stormwater Ordinance_Updates 2022-07_20230912

ARTICLE III. - PHASE II STORMWATER ORDINANCE
DIVISION 1. -GENERALu
Footnotes:
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Editor's note—Ord. No. 020-048 , § 1(Exh. A), adopted November 19, 2020, amended division 1 in its
entirety to read as herein set out. Formerly, division 1, sections 26-71-26-79 pertained to similar subject
matter, and derived from the Code of 2003, §§ 32-1, 32-3-32-8, 32-10, 32-11, and Ord. No. 09-05,
adopted March 19, 2009.
Sec. 26-71. -Title.
This article shall be officially known as the "Phase II Stormwater Ordinance." It is referred to herein
as "this article."
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-72. -Authority.
The town is authorized to adopt this article pursuant to North Carolina law, including Article 14,
Section 5 of the Constitution of North Carolina; the Town of Leland Charter; G.S. 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; G.S.
ch. 160A, §§ 174, 185; as well as G.S. ch. 113A, art. 4 (Sedimentation Pollution Control); art. 21, pt. 6
(Floodway Regulation); G.S. ch. 160D , art. 8(Planning and Regulation of Development); G.S. ch. 153A,
art. 18; G.S. ch. 160D art. 9, part 2 (Environmental Regulation).
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020; Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-73. - Findings.
The town finds that:
(1) Increased impervious areas and other site features of development or redevelopment may alter
the hydrologic response of local watersheds and increase stormwater runoff rates and volumes,
flooding, soil erosion, stream channel erosion, non-point and point source pollution,and sediment
transport and deposition, as well as reduce groundwater recharge;
(2) These changes in stormwater runoff may contribute to increased quantities of water-borne
pollutants and to altered hydrology that may be harmful to public health,and safety and the natural
environment;
(3) These effects can be managed and minimized by applying proper design and well-planned
controls to manage stormwater runoff from development sites; and
(4) 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 state environmental management
commission promulgated in response to federal phase II requirements, compel certain urbanized
areas, including this jurisdiction, to adopt stormwater controls such as those included in this
article.

Therefore, the town 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.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-74. - Purpose.
(a) General. The purpose of this article is to protect, maintain and enhance the public health, safety,
environment, and general welfare by establishing requirements and procedures to control the adverse
effects of increased post-development stormwater runoff and non-point and point source pollution
associated with new development and redevelopment (as well as illicit discharges into municipal
stormwater systems). 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 article seeks to meet its general purpose through the following specific objectives and
means:
(1) Establishing decision-making processes for new development and redevelopment that protect
the integrity of watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment:
a. Maintain the pre-development hydrologic response in their post-development state as nearly
as practicable for the applicable design storm;
b. Reduce flooding, stream bank erosion, non-point and point source pollution and increases
in stream temperature; and
c. Maintain the integrity of stream channels and aquatic habitats;
(3) Establishing stormwater management standards and design criteria to regulate and control post-
development 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 post-development stormwater management
standards;
(5) Encouraging the use of better management and site design practices, such as the preservation
of green space, riparian buffers and other conservation areas to the maximum extent practicable;
(6) Establishing provisions for 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:
a. For the submission, review, approval and disapproval of stormwater management plans;
b. For the inspection of approved projects; and
c. To ensure long-term maintenance;
(8) Controlling illicit discharges into the municipal separate stormwater system.
(9) Controlling erosion and sedimentation from construction activities.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-75. -Applicability and jurisdiction.

(a) General. Beginning with and subsequent to its effective date, this article shall be applicable to:
(b) All development or redevelopment unless exempt pursuant to subsection Q) of this section.
(c) Any nonresidential development activity that creates a total of 10,000 square feet or more of newly
constructed impervious surface area irrespective of the condition of the existing surface upon which
the impervious surface area is created.
(d) All new subdivisions as defined in the town's Code of Ordinances.
(e) Any development activity that requires a sedimentation and erosion control plan. A development
activity or project requires a sedimentation and erosion control plan if the activity or project disturbs
one acre or more of land, including an activity or project that disturbs less than one acre of land that is
part of a larger common plan of development.
(f) Any development activity that requires a Coastal Area Management Act (CAMA) major development
permit.
(g) Any single-family residential development within one-half mile and draining to class SA waters, that
has an impervious surface area greater than 12 percent, and that will add 10,000 square feet or more
of impervious surface.
(h) In applying the provisions of this section, the cumulative area of the proposed development activity
and all development activity on a site within the two-year period immediately preceding the date of
application for a stormwater discharge permit shall be considered together.
(i) Any area to be paved, or otherwise made impervious to stormwater exceeding 2,500 square feet shall
require an approved drainage plan. Site drainage shall be conveyed through vegetated swales or
underground pipes of sufficient size to the nearest storm drain.
(j) Exemptions. The following are exempt from the provisions of this article:
(1) The installation, repair, replacement or maintenance of subsurface utilities by public or private
utility operators;
(2) Single-family residential unit that does not meet the applicability standards above;
(3) Single-structure duplex residential building (one building with two units not part of a larger
common plan or subdivision)unless it meets the threshold for applicability set forth in this section;
and
(4) Any area to be paved, stabilized, or otherwise made impervious to stormwater that does not
exceed 2,500 square feet.
(k) No development or redevelopment until compliance and permit. No development or redevelopment
shall occur except in compliance with the provisions of this article or unless exempted. No development
for which a permit is required pursuant to this article shall occur except in compliance with the
provisions, conditions, and limitations of the permit.
(1) Map. The provisions of this article shall apply within the corporate limits of the town. The official map
of the corporate limits being that along with any written description maintained in the office of the town
clerk as required by G.S. § 160A-22.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-76. - Interpretation.
(a) Meaning and intent. All provisions, terms, phrases, and expressions contained in this article shall be
construed according to the general and specific purposes set forth in section 26-74. If a different or
more specific meaning is given for a term defined elsewhere in the Code,the meaning and application
of the term in this article shall control for purposes of application of this article.

(b) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this
article and any heading, caption, figure, illustration, table, or map, the text shall control.
(c) Authority for interpretation. The town administrator has the authority to designate a stormwater
administrator to carry out the powers and duties of the town administrator. The stormwater
administrator has authority to determine the interpretation of this article. 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 article.
(d) References to statutes, regulations, and documents. Whenever reference is made to a resolution,
ordinance, statute, regulation, manual (including the design manual), or document, it shall be
construed as a reference to the most recent edition of such that has been finalized and published with
due provision for notice and comment, unless otherwise specifically stated.
(e) Delegation of authority. Any act authorized by this article to be carried out by the stormwater
administrator may be carried out by their designee.
(f) Measurement and computation. Lot area refers to the amount of horizontal land area contained inside
the lot lines of a lot or site.
(g) Minimum requirements. The requirements contained in this article shall be the minimum requirements
for administration, enforcement, procedures, restrictions, standards, uses, variances, and all other
areas addressed by this article; and, if any other existing chapter or regulation allows lesser regulation,
this article shall govern, so that in all cases, the more restrictive limitation or requirement shall govern.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020; Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-77. - Design manual.
(a) Reference to design manual.
(1) The stormwater administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the Town of Leland Stormwater Design Manual (SWDM)and the
State of North Carolina Stormwater Design Manual as the basis for decisions about stormwater
permits and about the design, implementation and performance of structural and nonstructural
stormwater BMPs. When there is a conflict between these manuals,the more stringent standards
shall apply.
(2) The manuals include a list of acceptable stormwater treatment practices, including specific
design criteria for each stormwater practice. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with the runoff volume match requirements in Section
A-1 of the State of North Carolina Stormwater Design Manual and sizing criteria contained in this
article shall be presumed to meet the water quantity and quality performance standards of the
phase II laws and this article.
(b) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the
design manual are more restrictive or apply a higher standard than other laws or regulations, that fact
shall not prevent application of the specifications or guidelines in the manual.
(c) Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria,
or other information in the manuals are amended subsequent to the submittal of an application for
approval pursuant to this article but prior to approval,the standards,specifications,guidelines, policies,
criteria, or other information in the manuals that existed at the time of application shall apply.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-78. - Relationship to other laws, regulations and private agreements.

(a) Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule, regulation
or other provision of law. The requirements of this article are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law. Where any provision of this article 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 article is not intended to revoke or repeal any easement, covenant, or other
private agreement. However,where the regulations of this article are more restrictive or impose higher
standards or requirements than such an easement, covenant, or other private agreement, the
requirements of this article shall govern. Nothing in this article shall modify or repeal any private
covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply
with this article. In no case shall the town be obligated to enforce the provisions of any easements,
covenants, or agreements between private parties.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-79. -Severability.
If the provisions of any section, subsection, paragraph, subdivision or clause of this article shall be
adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the
remainder of any section, subsection, paragraph, sub division or clause of this article.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-80. - Effective date and transitional provisions.
(a) Effective date. This article shall take effect on December 31, 2020.
(b) Final approvals, complete applications.
(1) All development or redevelopment projects for which complete and full applications and plans
were submitted and approved by the town prior to the effective date of the ordinance from which
this article is derived and which remain valid, unexpired, unrevoked and not otherwise terminated
at the time of development or redevelopment, shall be exempt from complying with all provisions
of the ordinance from which this article is derived dealing with the control or management of post-
construction runoff, but shall be required to comply with all other applicable provisions.
(2) A phased development plan shall be deemed approved prior to the effective date of this article
if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked
and not otherwise terminated, and it shows:
a. For the initial or first phase of development, the type and intensity of use for a specific parcel
or parcels, including the boundaries of the project and a subdivision plan that has been
approved; and
b. For any subsequent phase of development, sufficient detail so that implementation of the
requirements of this article to that phase of development would require a material change in
that phase of the plan.
(c) Violations continue. Any violation of provisions existing on the effective date of the ordinance from
which this article is derived shall continue to be a violation under this article and be subject to penalties
and enforcement under this article unless the use, development, construction, or other activity
complies with the provisions of this article.
(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)

Sec. 26-81. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning. The definitions set
out in 15A NCAC 02H .1002 (definitions), and G.S. 143-212 and 143-213 shall be used when not in
conflict with the definitions set out specifically in this article.
Built-upon area (BUA) means that portion of a development project that is covered by impervious or
partially impervious surface including, but not limited to, buildings; pavement, gravel, and turf(for
pedestrian or vehicular use) areas such as roads, parking lots, and paths; and recreation facilities such as
tennis courts. The term "built-upon area" does not include a wooden slatted deck or the water area of a
swimming pool, or other approved pervious materials as defined by the state division of water quality and
North Carolina General Statutes.
Department means the North Carolina Department of Environmental Quality.
Design manual means the Town of Leland Stormwater Design Manual. All references herein to the
design manual are to the latest published edition or revision. The design manual may be obtained from
the town.
Development means any of the following:
(1) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to
another site, or demolition of any structure.
(2) The excavation, grading, filling, clearing, or alteration of land.
(3) The subdivision of land as defined in G.S. 160D-802.
(4) The initiation or substantial change in the use of land or the intensity of use of land.
Division means the North Carolina Department of Environmental Quality Division of Energy, Mineral,
and Land Resources Stormwater Program.
Hazardous material means any item or agent (biological, chemical, physical)which has the potential
to cause harm to humans, animals, or the environment, either by itself or through interaction with other
factors.
High-density project means any project that exceeds the low-density threshold for dwelling units per
acre or built-upon area.
Larger common plan of development or sale means any area where multiple separate and distinct
construction or land-disturbing activities will occur under one plan. A plan is any announcement or piece
of documentation (examples are a sign, public notice or hearing, sales pitch, advertisement, loan
application, drawing, permit application, zoning request, or computer design)or physical demarcation
(boundary signs, lot stakes, or surveyor markings are examples) indicating that construction activities may
occur on a specific plot.
Low-density project.
(1) For a project that is not located within one-half mile of and draining to shellfish resource SA
waters:the project is a low-density project if it has no more than 24 percent built-upon area(BUA).
(2) For a project that is located within one-half mile of and draining to shellfish resource waters, the
project is a low-density project only if it contains no more than 12 percent built-upon area.
(3) 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.
Material change means a modification which results in an alteration to 25 percent or more of the
design.

Non-erosive velocity means a rate of flow of stormwater runoff, measured in feet per second, which
does not erode soils. Non- erosive velocities vary for individual sites, considering topography, soil type,
and runoff rates.
One-year, 24-hour storm means the surface runoff resulting from a 24-hour rainfall of an intensity
expected to be equaled or exceeded, on average, once in 12 months.
Owner means the legal or beneficial owner of land, including 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. The
term '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 the term 'owner" under another
description in this definition, such as a management entity.
Redevelopment means any development on previously developed land, other than a rebuilding
activity that results in no net increase in built-upon area and that provides equal or greater stormwater
control than the previous development.
Residential development means buildings for residence such as attached and detached single-family
dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings
such as garages, storage buildings, and gazebos.
Shellfish resource waters means Class SA waters as determined by the North Carolina Department
of Environmental Quality Division of Water Resources.
Structural BMP means a physical device designed to trap, settle out, or filter pollutants from
stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the 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. The term "structural
BMP" is synonymous with the terms "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 article.
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:
(1) Obtaining a grading permit and conducting grading activity on a continuous basis and not
discontinued for more than 30 days; or
(2) Installation and approval of on-site infrastructure; or
(3) 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.
Vegetative buffer means an area of natural or established vegetation directly adjacent to surface
waters through which stormwater runoff flows in a diffuse manner to protect surface waters from
degradation due to development activities.
Vegetative conveyance means a permanent, designed waterway lined with vegetation that is used to
convey stormwater runoff at a non-erosive velocity within or away from a developed area.
Water dependent structures means a structure for which the use requires access or proximity to or
sitting within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and
bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and boat storage
areas are not water dependent uses.

(Ord. No. 020-048 , § 1(Exh. A), 11-19-2020; Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Secs. 26-82-26-101. - Reserved.
DIVISION 2. -ADMINISTRATION AND PROCEDURES
Sec. 26-102. - Review and decision-making entities; stormwater administrator.
(a) Designation. A stormwater administrator shall be designated by the town manager to administer and
enforce this article.
(b) Powers and duties. In addition to the powers and duties that may be conferred by other provisions of
the Code and other laws, the stormwater administrator shall have the following powers and duties
under this article:
(1) To review and approve, approve with conditions, or disapprove stormwater management plans
pursuant to this article;
(2) To make determinations and render interpretations of this article;
(3) To establish permit application requirements and schedules for submittal and review of
stormwater management plans, permit applications, and appeals, to review and make
recommendations to the town council and planning board on modification of this article or the
process for stormwater management;
(4) To enforce the provisions of this article 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 article;
(6) To provide expertise and technical assistance to the town council, planning board, and
stormwater advisory committee upon request;
(7) To designate an appropriate other person to carry out the powers and duties of the stormwater
administrator; and
(8) To take any other action necessary to administer the provisions of this article.
(Code 2003, § 32-21; Ord. No. 09-05, 3-19-2009)
Sec. 26-103. - Review procedures.
(a) Permit required;must apply for permit.A stormwater management permit(hereafter"permit")shall be
required for all development or redevelopment unless exempt pursuant to this article.A permit may be
issued after submitting a stormwater permit application, a stormwater management plan, and the fee
for stormwater management permit application review.
(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 review process is
intended to provide a mechanism for the review, approval, and inspection of the planned approach to
be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of this article, 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 established in this article.

(c) Existing permit modifications. An existing development proposing to make modifications to an existing
permit may be subject to permit revision by the division or the town according to the following
scenarios:
(1) For an existing subdivision that has an existing division permit with some of the lots not yet
developed,the developer of an undeveloped lot would continue to be subject to permitting through
the division.
(2) For existing developed parcels with existing division permits that are redeveloped the following
permitting requirements apply:
a. Minor modifications which could mean a change to impervious surface area but no change
to the BMP(s)would be processed by the division.
b. Major modifications, which means there is a required change to the BMP(s), would be
permitted by the town. Division will rescind their permit after the new permit is issued.
(3) Permit renewals will be coordinated by the originating permit agency.
(d) Authority to file applications. All permit applications required pursuant to this Code shall be submitted
to the stormwater administrator by the owner or the owner's authorized agent.
(e) Establishment of permit application requirements, schedule and fees.
(1) Permit 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. Copies of required forms shall be available in the SWDM. The stormwater permit
application shall require in a detailed plan a description of:
a. The post-development stormwater runoff control and management;
b. The design of all stormwater facilities and practices;
c. Site identification information;
d. Ownership information; and
e. How the proposed project shall meet the requirements of this article.
(2) Submission schedule. The stormwater administrator shall establish a submission schedule for
permit 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 plans and
applications, and that the various stages in the review process are accommodated. The
submission schedule shall be available in the SWDM.
(3) Permit application review fees. The town council shall establish permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application and may amend and
update the fees and policies from time to time.A schedule of permit review fees shall be available
in the SWDM.
(f) Submittal of complete application.
(1) Applications for a stormwater management permit shall be submitted to the stormwater
administrator pursuant to the application submittal schedule established by the stormwater
administrator, along with the stormwater management plan and appropriate fee established
pursuant to this section.
(2) An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to this article, along with the appropriate fee. If the stormwater
administrator finds that an application or stormwater management plan 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.

(g) Review. Within 45 working days after a complete application submittal, the stormwater administrator
shall review the application and determine whether the stormwater management plan permit
application complies with the standards of this article.
(1) Approval. If the stormwater administrator finds that the application complies with the standards
of this article, the stormwater administrator shall approve the application and issue a stormwater
management permit.
(2) Approval with conditions. The stormwater administrator may impose conditions of approval as
needed to ensure compliance with this article. The conditions shall be included as part of the
approval and included in the issued stormwater permit.
(3) Disapproval. If the stormwater administrator finds that the stormwater management plan fails to
comply with the standards of this article, the stormwater administrator shall notify the applicant
and shall indicate how the application or plan fails to comply. The applicant shall have an
opportunity to submit a revised application and plan.
(h) Revision and subsequent review. Within 45 working days after a complete revised application
submittal,the stormwater administrator shall review the revised application and determine whether the
stormwater management plan and application comply with the standards of this article, and shall
approve, approve with conditions, or disapprove the application.
(1) Fee for resubmittal. One resubmittal of a revised application may be submitted without payment
of an additional permit application review fee. Any resubmittal after the first resubmittal shall be
accompanied by a permit application review additional fee, as established pursuant to this article.
(2) Time limit for resubmittal. If a revised application is not resubmitted within 90 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.
(Code 2003, § 32-22; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020;
Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-104. -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 preliminary plan
of subdivision or other early step in the development process.The purpose of this meeting is to discuss
the post-construction stormwater management measures necessary for the proposed project, as well
as to discuss and assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local watershed plans,
other plans adopted by the town, 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: existing and proposed topography; perennial and intermittent streams;
mapping of predominant soils from soil surveys (if available); boundaries of existing predominant
vegetation; proposed limits of clearing and grading; and location of existing and proposed roads,
buildings, parking areas and other impervious surfaces.
(2) Natural resources inventory. A written or graphic inventory of natural resources at the site and
surrounding area as it exists prior to the commencement of the project. This description should
include a discussion of soil conditions,forest cover, geologic features,topography, wetlands, and
native vegetative areas on the site, as well as the location and boundaries of other natural feature
protection and conservation areas such as lakes, ponds, 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 opportunities or constraints for
development and stormwater management.
(3) Stormwater management system concept plan. A written or graphic concept plan of the proposed
post-development stormwater management system including: preliminary selection and location
of proposed structural stormwater controls; low-impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains; flow paths;
location of floodplain/floodway limits; relationship of site to upstream and downstream properties
and drainages; and preliminary location of any proposed stream channel modifications, such as
bridge or culvert crossings.
(b) Stormwater management permit application.
(1) The stormwater management permit application shall contain detailed plans and calculations on
how post-development stormwater runoff shall be controlled and managed and how the proposed
project shall meet the requirements of this article, including division 3 of this article.All such plans
shall be prepared by a registered state 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 certification, and shall verify that the design of all stormwater management
facilities and practices meets the submittal requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and policies found in the
manuals, and that the designs and plans ensure compliance with this article.
(2) 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 26-
103. The submittal checklist shall be available in the SWDM.
(c) As-built plans and final approval.
(1) Upon completion of a project, and before any certificate of occupancy or certificate of zoning
compliance shall be granted,the applicant shall certify that the completed project is in accordance
with the approved stormwater management plans and designs, and shall submit actual as-built
plans for all stormwater management facilities or practices.
(2) The as-built plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. A registered state professional engineer shall certify, under
seal, that the as-built stormwater measures, controls, and devices are in compliance with the
approved stormwater management plans and designs and with the requirements of this article.
Digital copies of the "as built' plans shall also be submitted by the applicant as specified in the
SWDM. The digital format of the"as built' shall be in GIS shapefile (.shp)format and as specified
in the SWDM. A final inspection and acceptance by the stormwater administrator shall occur
before the release of any performance securities.
(3) The permittee shall record deed restrictions and protective covenants, if applicable to the issued
permit, prior to the issuance of the final plat. A copy of the recorded deed restrictions and
protective covenants shall be given to the stormwater administrator within 14 days following its
recordation.
(d) Other permits. No certificate of zoning compliance or certificate of occupancy shall be issued by the
town without final as-built plans and a final inspection and acceptance by the stormwater administrator,
except where multiple units are served by the stormwater practice or facilities, in which case the town
may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are
submitted and final inspection and acceptance has occurred.
(Code 2003, § 32-23; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-105. -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.
(1) An approved plan shall become null and void if the applicant fails to make substantial progress
on the site within 18 months 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.
(2) In granting an extension, the stormwater administrator may require compliance with standards
adopted since the original permit was submitted unless there has been substantial reliance on
the original permit and the change in standards would infringe the applicant's vested rights.
(Code 2003, § 32-24; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-106. -Appeals.
(a) Right of appeal. Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this article made by the stormwater administrator may file
an appeal to the town board of adjustment within 30 days of the decision, order, requirement or
determination.
(b) Filing of appeal and procedures.
(1) An appeal shall be taken within the specified time period by filing a notice of appeal and
specifying the grounds for appeal on forms provided by the town. The stormwater administrator
shall transmit to the town board of adjustment all documents constituting the record on which the
decision appealed from was taken.
(2) The hearing conducted by the town board of adjustment shall be conducted in the nature of a
quasi-judicial proceeding with all findings of fact supported by competent, material evidence.
(c) Review by superior court. Every decision of the town board of adjustment shall be subject to superior
court review by proceedings in the nature of certiorari. Petition for review by the superior court shall
be filed with the clerk of superior court within 30 days after the latter of the following:
(1) The decision of the town board of adjustment is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed a written request
for such copy with the chair of the town board of adjustment at the time of its hearing of the case.
(Code 2003, § 32-25; Ord. No. 09-05, 3-19-2009)
Secs. 26-107-26-125. - Reserved.
DIVISION 3. -STANDARDS
Sec. 26-126. -General standards.
(a) All development or redevelopment to which this article applies, regardless of project density, shall
comply with the standards of this section.
(b) Refer to the town's website for information regarding floodplain management. Floodplain management
is a critical aspect of all development and redevelopment activities. Floodplain development standards
must be considered in conjunction with stormwater standards in order to provide effective protection
of life and property.

(c) Water quantity design standards. All development or redevelopment activities, regardless of project
density, shall control the post-development peak discharge rate of the two-year, ten-year, and 25-year
storm events to not exceed the predevelopment peak runoff discharge rate for the same storm events.
(d) Water quality design standards. Treat runoff from all surfaces generated by one and one-half inches
of rain. In addition, projects that are located within one-half mile and draining to SA waters must control
and treat the difference in stormwater runoff from the pre- and post-development conditions for the
one-year, 24-hour storm. Runoff volume draw down time shall be a minimum of 48 hours, but not more
than 120 hours.
(e) All development or redevelopment activities, regardless of project density, shall be responsible for
analyzing the impacts to the receiving conveyance(s)at the point of discharge for a proposed project.
The evaluation should address how the proposed design will prevent adverse impacts including
flooding and bank erosion at a proposed discharge point. The design engineer shall include a
statement in the permit application package that describes the potential adverse impacts at the
discharge point and how the proposed design will address these situations and prevent them from
occurring.
(f) All culverts associated with development or redevelopment shall be sized in accordance with the North
Carolina Department of Transportation Guidelines for Drainage Studies and Hydraulic Design, most
recent edition.
(g) A 50-foot-wide vegetative buffer for new development activities and a 30-foot-wide vegetative buffer
for redevelopment activities is required along all perennial or intermittent surface waters.
Redevelopment activities are not permitted to reduce the width of an existing 50-foot-wide buffer that
was previously established. The width of a buffer is measured horizontally from the normal pool
elevation of impounded structures, from the top of bank for each side of streams or rivers, and from
the mean high waterline of tidal waters, perpendicular to the shoreline. The town may, on a case-by-
case basis, grant a minor variance from the vegetative buffer requirements of this section pursuant to
the procedures set out in section 26-130.4a° "'�0213606(G)(2)-. Vegetative buffers and filters
required by this section and any other buffers or filters required by state water quality or coastal
management rules or local government requirements may be met concurrently and may contain, in
whole or in part, coastal, isolated,or 404 jurisdictional wetlands that are located landward of the normal
waterline.
(1) Approved stormwater control best management practices (BMPs), or stormwater control
structures, with the exception of wet detention ponds are allowed in the buffer and the area
required to construct the practices may be disturbed.
(2) Walking trails, picnic areas, benches, and water dependent structures, including, but not limited
to, boat docks, boat ramps, and bulkheads, are allowed in the buffer and the area required to
construct the practices may be disturbed provided that they have received all applicable federal,
state, and local permits and approvals.
(3) Development in urban waterfronts that meet the requirements of 15A NCAC 07H .0209(g),
development in new urban waterfront areas that meet the requirements of session law 2004-117,
those activities listed in 15A NCAC 07H .0209(d)(10)(A)-15A NCAC 07H .0209(d)(10)(H), and
development of upland marinas that have received a Coastal Area Management Act major permit
are allowed in the buffer and the area required to construct the practices may be disturbed.
(4) Buffer management and maintenance. The buffer, including wetlands and floodplains, shall be
managed to enhance and maximize the unique value of these resources. Management and
maintenance includes specific limitations on alteration of the natural conditions of these
resources. Any substantial vegetation that is removed must be replaced accordingly. The
following management and maintenance practices and activities are permitted within the buffer
area:
a. General pruning of trees.
b. Removal and replacement of dead or diseased plant materials and clearing nuisance of
underbrush.

c. The application of pesticides by appropriate professionals for the spraying of noxious weeds
or non-native species as listed by the state department of agriculture and consumer services.
d. Stream restoration projects, facilities and activities approved by federal, state, or local
agencies.
e. Individual trees within the forest buffer may be removed which are in immediate danger of
falling and causing damage to dwellings,other structures,or causing blockage of the stream.
f. Other timber cutting techniques approved by the agency may be undertaken within the forest
buffer under the advice and guidance of the state division of forest resources, state
cooperative extension service, or the United States Department of Agriculture, if necessary
to preserve the forest from extensive pest infestation, disease infestation, or threat from fire.
g. Repairing erosion problems internal to the buffer.
h. Removal of debris after a storm event.
(h) For the purposes of this section, areas defined as coastal wetlands under 15A NCAC 07H .0205, as
measured landward from the normal high waterline, shall not be included in the overall project area to
calculate impervious surface density. Wetlands that are not regulated as coastal wetlands pursuant to
15A NCAC 07H .0205 and that are located landward of the normal high waterline may be included in
the overall project area to calculate impervious surface density.
(i) Covenant restrictions. The approval of the stormwater management permit shall require an
enforceable restriction on property that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development, management, redevelopment, or expansion
maintains the site consistent with the approved project plans, including recordation on any approved
plat limits of impervious surface area on a per-lot basis, if applicable.
Q) New stormwater technologies. Structural BMPs not approved for use by the North Carolina Department
of Environmental Quality may be proposed for use in development and redevelopment projects in
accordance with 15A NCAC 02H .01050(15).
(Code 2003, § 32-36; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020;
Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-127. - Development or redevelopment standards for low-density projects.
All low-density projects shall comply with the standards set forth in 15A NCAC 02H .1003 and 15A
NCAC 02H .1019.
(Code 2003, § 32-37; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-128. - Development or redevelopment standards for high-density projects.
High-density projects shall implement stormwater control measures that comply with each of the
following standards:
All high-density projects shall comply with the standards set forth in 15A NCAC 02H .1003 and 15A
NCAC 02H .1019.
(Code 2003, § 32-38; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-129. -Standards for stormwater control measures.

Stormwater control measures shall comply with the standards set forth in 15A NCAC 02H .1050
through 15A NCAC 02H .1062.
(Code 2003, § 32-40; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-130. -Variances.
(a) Any person may petition the town board of adjustment for a variance granting permission to use the
person's land in a manner otherwise prohibited by this article. To qualify for a variance, the petitioner
must show all of the following:
(1) Unnecessary hardships would result from strict application of this article;
(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; and
(4) The requested variance is consistent with the spirit, purpose, and intent of this article; shall
secure public safety and welfare; and shall preserve substantial justice.
(b) The town board of adjustment may impose reasonable and appropriate conditions and safeguards
upon any variance it grants.
(c) Notwithstanding subsection (a)of this section, exceptions from the vegetative buffer
IGGatien of built_„pen area requirements as well as the deed restrictions and protective covenants
requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge, airport
facility, or utility crossing as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs;
(2) When there is a lack of practical alternatives for a stormwater management facility; a stormwater
management pond; or a utility, including, but not limited to, water, sewer, or gas construction and
maintenance corridor, as long as it is located 15 feet landward of all perennial and intermittent
surface waters and as long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have
the least adverse effects on aquatic life and habitat, and protect water quality to the maximum
extent practicable through the use of BMPs; or
(3) A lack of practical alternatives may be shown by demonstrating that, considering the potential
for a reduction in size,configuration,or density of the proposed activity and all alternative designs,
the basic project purpose cannot be practically accomplished in a manner which would avoid or
result in less adverse impact to surface waters.
(Code 2003, § 32-42; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Secs. 26-131-26-158. - Reserved.
DIVISION 4. - MAINTENANCE
Sec. 26-159. -General standards for maintenance.
(a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this article
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) It shall be the responsibility of individual property owners of developed or undeveloped land within the
town to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches,
swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and
lakes within their property. Where conditions of existing stormwater facilities are determined to be
deficient and a public nuisance, and the property owner fails to correct the deficiencies after being
notified, the town may arrange for the deficiencies to be corrected and recover all costs thereto from
the property owner. However, the recovery of costs from property owners is subject to appeal as
described in the town's ordinances.
(c) Annual maintenance inspection and report.
(1) The person responsible for maintenance of any structural BMP installed pursuant to this article
shall submit to the stormwater administrator an inspection report from one of the following persons
performing services only in their area of certification: a registered state professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the state
cooperative extension service for stormwater treatment practice inspection and maintenance.The
inspection report shall contain all of the following:
a. The name and address of the landowner;
b. The recorded book and page number of the lot of each structural BMP;
c. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
e. 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
article; and
f. The original signature of the inspector.
(2) All inspection reports shall be on forms included in the town SWDM.
(3) An original inspection report shall be provided to the stormwater administrator beginning one
year from the date of installation and each year thereafter on or before the anniversary date of
the installation.
Maintenance responsibilities, as described in this division, division 4, that are not met by the owner
will result in a civil penalty being issued to the owner by the town.
(Code 2003, § 32-54; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-160. -Operation and maintenance agreement.
(a) In general.
(1) Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this article, and prior to issuance of any permit for development or redevelopment
requiring a structural BMP pursuant to this article, 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 the stormwater permit through the Town or State is completed 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 a right of
entry in the event that the stormwater administrator or designee 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 to assume
responsibility for the structural BMP.

(2) 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 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 to assume responsibility for
the structural BMP.
(3) 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 14 days following its recordation.
(b) Special requirement for homeowners' and other associations. For all structural BMPs required
pursuant to this article 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) Granting to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct
structural BMPs;
(3) Allowing the town to recover from the association and its members any and all costs the town
expends to maintain or repair the structural BMPs or to correct any operational deficiencies.
Failure to pay the town all of its expended costs, after 45 days written notice, shall constitute a
breach of the agreement. In case of a deficiency, the town shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both. Interest, collection costs, and attorney
fees shall be added to the recovery;
(4) A statement that this agreement shall not obligate the town to maintain or repair any structural
BMPs, and the town shall not be liable to any person for the condition or operation of structural
BMPs;
(5) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the
town to enforce any of its ordinances as authorized by law; and
(6) A provision indemnifying and holding harmless the town for any costs and injuries arising from
or related to the structural BMP, unless the town 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.
(Code 2003, § 32-55; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-161. - Inspection program.
(a) Inspections and inspection programs by the town may be conducted or established on any reasonable
basis, including 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 reviewing maintenance and repair, sampling discharges,
surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
(b) 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 their official duties.

(Code 2003, § 32-56; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020;
Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-162. - Performance security for installation.
(a) General. A performance security will be required for all development and redevelopment to which this
article applies. The developer shall provide either one or a combination of the following performance
securities:
(1) A cash bond issued by any company authorized to do business in the state.
(2) A letter of credit issued by any financial institution licensed to do business in the state.
(3) A surety bond issued by any company authorized to do business in the state.
The security shall be obtained prior to the issuance of the stormwater permit. The security will be
released by the town upon approval of as-built record drawings and an engineer's certification that states
the BMPs have been built in accordance with the information included in this article and are functioning
properly at the time of certification.
In a phased development or redevelopment project, the security will be released as each phase of
the project is completed and approved by the Town in accordance with the requirements listed in this
article. No security will be released for any phase of proposed development/redevelopment until all close
out documents are received, reviewed, and approved by the town.
(b) The performance security will ensure that BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management plan; or
(2) Maintained by the owner as required by the operation and maintenance agreement.
(c) Amount.
Installation. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25 percent.
(1) Such estimated costs shall be submitted by engineer sealed estimates provided by the
developer.
(2) The submission of estimated costs of labor and materials shall be reviewed by the town to
determine if the amount provided are sufficient.
(3) The amount of the performance security shall not exceed 125 percent of the reasonably
estimated cost of completion for the town to install any incomplete improvements at the time of
the performance security is issued.
(d) Duration. The developer shall choose the duration of the performance security with the minimum
duration being one year. If the improvements are not complete and the current performance security
is expiring, the performance security shall be extended, or a new performance security issued, for an
additional period until such required improvements are complete.
(1) The expiration of a performance security does not constate satisfactory installation of
improvements.
(2) An extension with or without a reduction in estimated quantities in a performance security
required by this section may be approved by the stormwater administrator.
(3) The form of an extension shall remain at the election of the developer, but any change in
performance security will require a new agreement with the town council.
(4) Any extension of a performance security necessary to complete required improvements shall not
exceed 125 percent of the reasonably estimated cost of completion for the town to install any
incomplete improvements of the remaining incomplete improvements still outstanding at the time
of the extension is obtained.

(5) Any extension with a change of estimated quantities of the performance security shall provide a
reasonable estimated cost in the same manner indicated in subsection (c).
(6) Unit pricing shall be of current market rate of materials and labor which the town would be able
to complete the improvements if the security is defaulted.
(e) Uses of performance security.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure 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 article, permits issued pursuant to this
article, or an operation and maintenance agreement established pursuant to this article.
(2) Default. Upon default of the owner to construct, maintain, repair, or 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 construct,
maintain, repair or reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement. Such expenditure of funds shall only be made after a
written request to 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 shall retain any of the
unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in excess of performance security. If the town 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 60 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
percent)of landscaping installation and ongoing maintenance associated with the BMPs covered
by the security. Any such landscaping shall be inspected one year after installation and
deficiencies shall be corrected for compliance with the approved plans and specifications and, if
in compliance, the portion of the financial security attributable to landscaping shall be released.
(Code 2003, § 32-57; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020;
Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Editor's note—Ord. No. 020-048, § 1(Exh. A), adopted November 19, 2020, changed the title
of section 26-162 from "Performance security for installation and maintenance" to "Performance
security for installation." The historical notation has been preserved for reference purposes.
Sec. 26-163. - Notice to owners.
(a) Deed recordation and indications on plat. The applicable operations and maintenance agreement,
conservation easement, or dedication and acceptance into public maintenance (whichever is
applicable) pertaining to every structural BMP on the plan shall be referenced on the final plat and
shall be recorded with the county register of deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance, whichever is applicable, shall be recorded with
the county register of deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(b) Signage. At the determination of the stormwater administrator, to ensure compliance with this article,
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.
(Code 2003, § 32-58; Ord. No. 09-05, 3-19-2009)

Sec. 26-164. - Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least ten years from the date of creation of the record and shall submit the same upon request to the
stormwater administrator.
(Code 2003, § 32-59; Ord. No. 09-05, 3-19-2009)
Sec. 26-165. - Nuisance.
The owner of each stormwater BMP, whether structural or nonstructural, shall maintain it to prevent
a nuisance condition.
(Code 2003, § 32-60; Ord. No. 09-05, 3-19-2009)
Sec. 26-166. - Maintenance easement.
Every structural BMP and stormwater conveyance installed pursuant to this article shall be made
accessible for adequate maintenance and repair by a maintenance easement. The easement shall be
recorded, and its terms shall specify who may make use of the easement and for what purposes. The
town must be listed as a party that has access to the easement and the easement must specify that the
town has the right to maintain structural BMPs and stormwater conveyances within the easement.
(Code 2003, § 32-61; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Secs. 26-167-26-185. - Reserved.
DIVISION 5. - ENFORCEMENT AND VIOLATIONS
Sec. 26-186. -General.
(a) Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator,
their designee, or any authorized agent of the town. Whenever this article refers to the stormwater
administrator, it includes their designee as well as any authorized agent of town.
(b) Violation unlawful. Failure to comply with any applicable requirement, prohibition, standard, or
limitation imposed by this article, or the terms or conditions of any permit or other development or
redevelopment approval or authorization granted pursuant to this article, is unlawful and shall
constitute a violation of this article.
(c) Each day a separate offense. Each day that a violation continues shall constitute a separate and
distinct violation or offense.
(d) Penalty assessed after notice served. No penalty shall be assessed until the person alleged to be in
violation has been served notice of the violation as described in section 26-188 except as provided
below. Refusal to accept the notice shall not relieve the violator of the obligation to pay such penalty.
(e) Responsible persons/entities.
(1) 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 article shall be subject to the remedies, penalties, or enforcement actions in
accordance with this article. 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 article, or fails to take appropriate action, so that a violation of this
article 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.
(2) For the purposes of this article, the term "responsible person" shall include:
a. Person maintaining condition resulting in or constituting violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists,
directs, creates, causes, or maintains a condition that constitutes a violation of this article,
or fails to take appropriate action, so that a violation of this article results or persists; and
b. 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.
(Code 2003, § 32-72; Ord. No. 09-05, 3-19-2009; Ord. No. 021-021 , § 1(Exh. A), 8-26-2021)
Sec. 26-187. - Remedies and penalties.
The remedies and penalties provided herein, whether civil or criminal, are not exclusive; may be
exercised singly, simultaneously, or cumulatively; may be combined with any other remedies authorized
under the law; and may be exercised in any order.
(1) Remedies.
a. 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.
b. Disapproval of subsequent permits and developments approvals. As long as a violation of
this article continues and remains uncorrected, the stormwater administrator or other
authorized agent may withhold, and the town council, planning board, planning department,
and building inspections department may disapprove, any request for permit or development
approval or authorization provided for by this article or the zoning, subdivision, or building
regulations for the land on which the violation occurs.
c. Injunction, abatements, etc. The stormwater administrator, with the written authorization of
the town manager, may institute an action in a court of competent jurisdiction for a mandatory
or prohibitory injunction and order of abatement to correct a violation of this article. Any
person violating this article shall be subject to the full range of equitable remedies provided
in the general statutes or at common law.
d. Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous
or prejudicial to the public health or public safety and is within the geographic limits
prescribed by G.S. 160A-193, the stormwater administrator, with the written authorization of
the town manager, may cause the violation to be corrected and the costs to be assessed as
a lien against the property.
e. Stop-work order. The stormwater administrator may issue a stop-work order to the person
violating this article. 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.
(2) Civil penalties.

a. Any person who allows, acts in concert, participates, directs, or assists directly or indirectly
in the creation of a violation of this article is subject to a civil penalty. A civil penalty may be
assessed from the date the violation first occurs.
b. Civil penalties may be assessed up to the full amount of penalty to which the town is subject
for violations of its NPDES stormwater permit, or$5,000.00 for each violation of this article,
whichever is greater. Each day of violation shall constitute a separate violation.
c. Penalties may be assessed concurrently with a notice of violation for any of the following:
1. Obstructing, hampering, or interfering with an authorized town representative who is in
the process of carrying out official duties under this article;
2. A repeated violation for which a notice of violation was previously given to the person
responsible for the violation; or
3. Willful violation of this article.
d. In determining the amount of a civil penalty, the stormwater administrator shall consider any
relevant mitigating and aggravating factors, including:
1. Degree and extent of harm caused by the violation;
2. Cost of rectifying the damage;
3. Amount of money saved through noncompliance;
4. Whether the violator took reasonable measures to comply with this article;
5. Knowledge of the requirements by the violator and/or reasonable opportunity or
obligation to obtain such knowledge;
6. Whether the violator voluntarily took reasonable measures to restore any areas
damaged by the violation;
7. Whether the violation was committed willfully;
8. Whether the violator reported the violation to an appropriate authority;
9. Technical and economic reasonableness of reducing or eliminating the discharge; and
10. Prior record of the violator in complying or failing to comply with this article or any other
water pollution control ordinance or regulation.
e. The stormwater administrator shall determine the amount of the civil penalty to be assessed
under this article and shall make written demand for payment upon the person in violation
and shall set forth in detail a description of the violation for which the penalty was imposed.
Notice of said assessment shall be by registered or certified mail or other means reasonably
calculated to give adequate notice. If a violator does not pay a civil penalty assessed by the
town within 30 days after it is due, the stormwater administrator shall request the town
attorney to institute a civil action to recover the amount of the assessment. The civil action
shall be brought in the county superior court or in any other court of competent jurisdiction.
Such civil actions must be filed within three years of the date the notice of assessment was
served on the violator.
f. An assessment that is not contested is due when the violator is served with a notice of
assessment. An assessment that is contested is due at the conclusion of the administrative
and judicial review of the assessment.
g. Civil penalties collected pursuant to this article shall be credited to the town general fund as
a non-tax revenue.
h. A violation of this article shall not constitute a misdemeanor or infraction punishable under
G.S. 14-4, but instead shall be subject to the civil penalties fixed by this article.

(Code 2003, § 32-73; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)
Sec. 26-188. - Procedures.
(a) Initiation/complaint. Whenever a violation of this article occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged violation and the basis
thereof, and shall be filed with the stormwater administrator, who shall record the complaint. The
complaint shall be investigated promptly by the stormwater administrator.
(b) Inspection. The stormwater administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with
this article.
(c) Notice of violation and order to correct.
(1) When the stormwater administrator finds that any building, structure, or land is in violation of this
article, the stormwater administrator shall notify, in writing, the property owner or other person
violating this article. 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.
(2) The stormwater administrator may deliver the notice of violation and correction order personally,
by the police department, code enforcement officer, 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.
(3) If a violation is not corrected within the period of time provided in the notification, the stormwater
administrator may take appropriate action under this article to correct and abate the violation and
to ensure compliance with this article.
(d) Extension of time. A person who receives a notice of violation and correction order, or the owner of
the land on which the violation occurs, may submit to the stormwater administrator a written request
for an extension of time for correction of the violation. On determining that the request includes enough
information to show that the violation cannot be corrected within the specified time limit for reasons
beyond the control of the person requesting the extension, the stormwater administrator may extend
the time limit as is reasonably necessary to allow timely correction of the violation. The stormwater
administrator may grant 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 article. 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 shall 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 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 article.
(f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective
enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then
the stormwater administrator may order the immediate cessation of a violation.Any person so ordered
shall cease any violation immediately. The stormwater administrator may seek immediate
enforcement, without prior written notice, through any remedy or penalty authorized by this article.
(Code 2003, § 32-74; Ord. No. 09-05, 3-19-2009)

Secs. 26-189-26-236. - Reserved.
DIVISION 6. - ILLICIT DISCHARGES
Sec. 26-237. - Illicit discharges and connections.
(a) Illicit discharges. The discharge, emission, disposal, pouring, or pumping directly or indirectly any
liquid,solid, gas, or other substance, other than stormwater to any stormwater conveyance, the waters
of the state, or upon the land in a manner or amount that the substance is likely to reach a stormwater
conveyance or the waters of the state is prohibited. Prohibited substances include: oil, anti-freeze,
chemicals, animal waste, paints, garbage, debris, or litter.
(b) Exemptions. Nonstormwater discharges associated with the following activities are allowed provided
that they do not significantly impact water quality:
(1) Waterline flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising groundwaters;
(5) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped groundwater;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated or desalinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been
approved and issued by the state, and provided that any such discharges to the municipal
separate storm sewer system shall be authorized by the town.
(c) Illicit connections.
(1) Connections to a stormwater conveyance or stormwater conveyance system that allow the
discharge of non-stormwater,other than the exclusions described in subsection(a)of this section,
are unlawful. Prohibited connections include, but are not limited to: floor drains, wastewater from
washing machines or sanitary sewers, wash water from commercial vehicle washing or steam
cleaning, and wastewater from septic systems.
(2) Where such connections exist in violation of this section and said connections were made prior
to the adoption of this provision or any other ordinance prohibiting such connections,the property
owner or the person using said connection shall remove the connection within one year following

the effective date of the ordinance from which this article is derived. However, the one-year grace
period shall not apply to connections which may result in the discharge of hazardous materials or
other discharges which pose an immediate threat to health and safety, or are likely to result in
immediate injury and harm to real or personal property, natural resources, wildlife, or habitat.
(3) Where it is determined that said connection may result in the discharge of hazardous materials
or may pose an immediate threat to health and safety, or is likely to result in immediate injury and
harm to real or personal property, natural resources, wildlife, or habitat; or was made in violation
of any applicable regulation or ordinance, other than this section; the stormwater administrator
shall designate the time within which the connection shall be removed. In setting the time limit for
compliance, the stormwater administrator shall take into consideration:
a. The quantity and complexity of the work;
b. The consequences of delay;
c. The potential harm to the environment,to the public health,and to public and private property;
and
d. The cost of remedying the damage.
(d) Spills.
(1) Spills or leaks of prohibited substances released, discharged to, or having the potential to be
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed.All affected areas shall be restored to their preexisting condition.
(2) Persons in control of the prohibited substances immediately prior to their release or discharge,
and persons owning the property on which the substances were released or discharged, shall
immediately notify the fire chief and the stormwater administrator of the release or discharge, as
well as making any required notifications under state and federal law. Notification shall not relieve
any person of any expenses related to the restoration, loss, damage, or any other liability which
may be incurred as a result of said spill or leak, nor shall such notification relieve any person from
other liability which may be imposed by state or other law.
(e) Nuisance. Illicit discharges and illicit connections which exist within the town limits are hereby found,
deemed, and declared to be dangerous or prejudiced to the public health or public safety and are
found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in
accordance with the procedures set forth in chapter 34, article III.
(Code 2003, § 32-96; Ord. No. 09-05, 3-19-2009; Ord. No. 020-048 , § 1(Exh. A), 11-19-2020)