HomeMy WebLinkAboutNCS000478_CHAPTER 8 ARTICLE 35 STORMWATER ORDINANCE_20190807
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Chapter 8, Article XXXV
STORMWATER MANAGEMENT
ORDINANCE
LAUREL PARK, NORTH CAROLINA
Adopted: January 15, 2008
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ARTICLE 1: GENERAL PROVISIONS ........................................................................... 3
100 TITLE ...................................................................................................................... 3
101 AUTHORITY .......................................................................................................... 3
102 FINDINGS ............................................................................................................... 3
103 PURPOSE ................................................................................................................ 4
104 APPLICABILITY AND JURISDICTION .............................................................. 5
105 INTERPRETATION................................................................................................ 6
106 DESIGN MANUAL ................................................................................................ 8
107 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS .............................................................................................................. 9
108 SEVERABILITY ..................................................................................................... 9
109 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS ................................ 9
ARTICLE 2: DEFINITIONS ............................................................................................ 11
200 TERMS DEFINED ................................................................................................ 11
ARTICLE 3: ADMINISTRATION AND PROCEDURES ............................................. 14
300 REVIEW AND DECISION-MAKING ENTITIES .............................................. 14
301 REVIEW PROCEDURES ..................................................................................... 15
302 APPLICATIONS FOR APPROVAL .................................................................... 18
303 APPROVALS ........................................................................................................ 20
304 APPEALS .............................................................................................................. 21
ARTICLE 4: STANDARDS ............................................................................................ 22
400 GENERAL STANDARDS .................................................................................... 22
401 DEVELOPMENT STANDARDS FOR LOW DENSITY PROJECTS ................ 22
402 DEVELOPMENT STANDARDS FOR HIGH DENSITY PROJECTS ............... 23
403 STANDARDS FOR STORMWATER CONTROL MEASURES ....................... 24
404 DEDICATION OF BMPs, FACILITIES AND IMPROVEMENTS .................... 25
405 VARIANCES ......................................................................................................... 25
ARTICLE 5: MAINTENANCE ....................................................................................... 26
500 GENERAL STANDARDS FOR MAINTENANCE ............................................. 26
501 OPERATION AND MAINTENANCE AGREEMENT ....................................... 27
502 INSPECTION PROGRAM ................................................................................... 29
503 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
....................................................................................................................................... 29
504 NOTICE TO OWNERS ......................................................................................... 31
505 NUISANCE ........................................................................................................... 31
ARTICLE 6: ENFORCEMENT AND VIOLATIONS .................................................... 33
600 GENERAL ............................................................................................................. 33
601 REMEDIES AND PENALTIES............................................................................ 34
602 PROCEDURES...................................................................................................... 36
ARTICLE 7: ILLICIT DISCHARGES ............................................................................ 38
700 ILLICIT DISCHARGES AND CONNECTIONS................................................. 38
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ARTICLE 1: GENERAL PROVISIONS
100 TITLE
This ordinance shall be officially known as “The Phase II Stormwater Ordinance.”
It is referred to herein as “this ordinance.”
101 AUTHORITY
The Town of Laurel Park is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution
of North Carolina; North Carolina General Statutes 143-214.7 and rules
promulgated by the Environmental Management Commission thereunder;
Session Law 2004-163; Chapter 160A, § 174, 185.
102 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local
watersheds and increases stormwater runoff rates and volumes, flooding, soil
erosion, stream channel erosion, nonpoint and point source pollution, and
sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water-
borne pollutants and alterations in hydrology which are harmful to public health
and safety as well as to the natural environment; and
These effects can be managed and minimized by applying proper design and
well-planned controls to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and
federal Phase II Stormwater Rules promulgated under it, as well as rules of the
North Carolina Environmental Management Commission promulgated in
response to federal Phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt the minimum stormwater controls such as
those included in this ordinance.
Therefore, the Town of Laurel Park establishes this set of water quality and
quantity regulations to meet the requirements of state and federal law regarding
control of stormwater runoff and discharge.
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103 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain, and enhance the
public health, safety, environment, and general welfare by establishing
minimum requirements and procedures to control the adverse effects of
increased post-development stormwater runoff and nonpoint and point
source pollution associated with new development and redevelopment as
well as illicit discharges into municipal stormwater systems. It has been
determined that proper management of construction-related and post-
development stormwater runoff will minimize damage to public and
private property and infrastructure, safeguard the public health, safety,
and general welfare, and protect water and aquatic resources.
(B) Specific
This ordinance seeks to meet its general purpose through the following
specific objectives and means:
1. Establishing decision-making processes for development that
protect the integrity of watersheds and preserve the health of water
resources;
2. Requiring that new development and redevelopment maintain the
pre-development hydrologic response in the post-development
state as nearly as practicable for the applicable design storm in
order to reduce flooding, stream bank erosion, nonpoint and point
source pollution and increases in stream temperature, and to
maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post-development stormwater management
standards and design criteria for the regulation and control of
stormwater runoff quantity and quality;
4. Establishing design and review criteria for the construction,
function, and use of structural stormwater BMPs (referred to as
Best Management Practices) that may be used to meet the
minimum post-development stormwater management standards;
5. Encouraging the use of better management and site design
practices, such as the use of vegetated conveyances for
stormwater and the preservation of greenspace and other
conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and
maintenance of structural and nonstructural stormwater BMPs to
ensure that they continue to function as designed, are maintained
appropriately, and pose no threat to public safety;
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7. Establishing administrative procedures for the submission, review,
approval, and disapproval of stormwater management plans, for the
inspection of approved projects, and for the assurance of long-term
maintenance.
8. Controlling illicit discharges into the municipal separate stormwater
system.
9. Controlling erosion and sedimentation from construction activities.
104 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall
be applicable to all development and redevelopment, including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to Subsection (B) Exemptions,
below.
(B) Exemptions
Development that cumulatively disturbs less than one (1) acre and is not
part of a larger common plan of development or sale is exempt from the
provisions of this ordinance.
Redevelopment that cumulatively disturbs less than one (1) acre and is
not part of a larger common plan of development or sale is exempt from
the provisions of this ordinance.
Development and redevelopment that disturb less than one (1) acre are
not exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate, or distinct activities
take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the
federal Clean Water Act, as specified in 40 CFR 302 (primarily, ongoing
farming and forestry activities) are exempt from the provisions of this
ordinance.
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(C) No Development or Redevelopment Until Compliance and
Permit
No development or redevelopment shall occur except in compliance with
the provisions of this ordinance or unless exempted. No development for
which a permit is required pursuant to this ordinance shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
(D) Jurisdiction
The provisions of this ordinance shall be applicable to all land within the
corporate limits of the Town of Laurel Park, North Carolina, and within the
extraterritorial jurisdiction (ETJ), as established on the map entitled
“Official Zoning Map, Town of Laurel Park.” The map will be kept by the
Stormwater Administrator and shall be updated to take into account
changes in the land area covered by this ordinance and the geographic
location of all structural BMPs permitted under this ordinance. In the
event of a dispute, the applicability of this ordinance to a particular area of
land or BMP shall be determined by reference to the North Carolina
Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
105 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this
ordinance shall be construed according to the general and specific
purposes set forth in Section 104, Purpose. If a different or more specific
meaning is given for a term defined elsewhere in the Town of Laurel Park
Code of Ordinances, the meaning and application of the term in this
ordinance shall control for purposes of application of this ordinance.
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this
ordinance and any heading, caption, figure, illustration, table, or map, the
text shall control.
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(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the
interpretation of this ordinance. Any person may request an interpretation
by submitting a written request to the Stormwater Administrator who shall
respond in writing within thirty (30) days. The Stormwater Administrator
shall keep on file a record of all written interpretations of this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute,
regulation, manual (including the 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) Computation of Time
The time in which an act is to be done shall be computed by excluding the
first day and including the last day. If a deadline or required date of
action falls on a Saturday, Sunday, or holiday observed by the Town of
Laurel Park, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday, or holiday observed by the Town of Laurel
Park. References to days are calendar days unless otherwise stated.
(F) Delegation of Authority
Any act authorized by this ordinance to be carried out by the Stormwater
Administrator of the Town of Laurel Park may be carried out by his or her
designee.
(G) Usage
1. Mandatory and Discretionary Terms. The words “shall”, “must,”
and “will” are mandatory in nature, establishing an obligation or
duty to comply with the particular provision. The words “may” and
“should” are permissive in nature.
2. Conjunctions. Unless the context clearly indicates the contrary,
conjunctions shall be interpreted as follows: The word “and”
indicates that all connected items, conditions, provisions, or events
apply. The word “or” indicates that one or more of the connected
items, conditions, provisions, or events apply.
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3. Tense, Plurals, and Gender. Words used in the present tense
include the future tense. Words used in the singular number
include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly
indicates otherwise. Words used in the masculine gender include
the feminine gender, and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the
lot lines of a lot or site.
106 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and
information, including technical specifications and standards, in the
Design Manual as the basis for decisions about stormwater permits and
about the design, implementation, and performance of structural and non-
structural stormwater BMPs.
The Design Manual includes a list of acceptable stormwater treatment
practices, including the specific design criteria for each stormwater
practice. Stormwater treatment practices that are designed, constructed,
and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of
the Phase II laws.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more
restrictive or apply a higher standard than other laws or regulations, that
fact shall not prevent application of the specifications or guidelines in the
Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other
information in the Design Manual are amended subsequent to the
submittal of an application for approval pursuant to this ordinance but
prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this ordinance with regard
to the application.
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107 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND
PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
ordinance are in addition to the requirements of any other ordinance, rule,
regulation, or other provision of law, and where any provision of this
ordinance imposes restrictions different from those imposed by any other
ordinance, rule, regulation, or other provision of law, whichever provision
is more restrictive or imposes higher protective standards for human or
environmental health, safety, and welfare, shall control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement,
covenant, or other private agreement. However, where the regulations of
this ordinance are more restrictive or impose higher standards or
requirements than such easement, covenant, or other private agreement,
then the requirements of this ordinance shall govern. Nothing in this
ordinance shall modify or repeal any private covenant or deed restriction,
but such covenant or restriction shall not legitimize any failure to comply
with this ordinance. In no case shall the Town of Laurel Park be obligated
to enforce the provisions of any easements, covenants, or agreements
between private parties.
108 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision, or clause of
this ordinance shall be adjudged invalid by a court of competent jurisdiction, such
judgment shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision, or clause of this ordinance.
109 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on the 15th day of January, 2008.
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(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full
applications were submitted and approved by the Town of Laurel Park
prior to the effective date of this ordinance shall be exempt from
complying with all provisions of this ordinance dealing with the control
and/or management of post-construction runoff, but shall be required to
comply with all other applicable provisions, including, but not limited to,
illicit discharge provisions.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance
shall continue to be a violation under this ordinance and be subject to
penalties and enforcement under this ordinance unless the use,
development, construction, or other activity complies with the provisions
of this ordinance.
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ARTICLE 2: DEFINITIONS
200 TERMS DEFINED
When used in this ordinance, the following words and terms shall have the
meaning set forth in this section, unless other provisions of this ordinance
specifically indicate otherwise.
Built-upon area (BUA)
That portion of a development project that is covered by impervious or partially
impervious surface including, but not limited to, buildings; pavement and gravel
areas such as roads, parking lots, and paths; and recreation facilities such as
tennis courts. “Built-upon area” does not include a wooden slatted deck, the
water area of a swimming pool, or pervious or partially pervious paving materials
to the extent that the paving material absorbs water or allows water to infiltrate
through the paving material.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater design manual approved for use in Phase II jurisdictions by the
Department for the proper implementation of the requirements of the federal
Phase II stormwater program. All references herein to the Design Manual are to
the latest published edition or revision.
Development
Any land disturbing activity which adds to or changes the amount of impervious
or partially pervious cover on a land area or which otherwise decreases the
infiltration or precipitation into the soil, other than rebuilding activity that does not
qualify as redevelopment.
Division
The Division of Water Quality in the Department.
High-density project
Any project that exceeds the low density threshold for dwelling units per acre and
built-upon area.
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Larger common plan of development or sale
Anywhere multiple separate and distinct construction or land disturbing activities
will occur under one plan. A plan is any announcement or piece of
documentation (including but not limited to a sign, public notice or hearing, sales
pitch, advertisement, loan application, drawing, permit application, zoning
request, or computer design) or physical demarcation (including but not limited to
boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
Low-density project
A project that has no more than two (2) dwelling units per acre or twenty-four (24)
percent built-upon area (BUA) for all residential and non-residential development.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of intensity expected to be
equaled or exceeded, on average, once in twelve (12) months with duration of
twenty-four (24) hours.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or
vendee in possession, receiver, executor, trustee, long-term or commercial
lessee, or any other person or entity holding proprietary rights in the property or
having legal power of management and control of the property. “Owner” shall
include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every
person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured
lender is included within the meaning of “owner” under another description in this
definition, such as management entity.
Redevelopment
Any rebuilding activity other than a rebuilding activity that results in no net
increase in built-upon area and provides equal or greater stormwater control than
the previous development.
Structural BMP
A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other
characteristics; to approximate the pre-development hydrology on a developed
site; or to achieve any combination of these goals. Structural BMP includes
physical practices such as constructed wetlands, vegetative practices, filter
strips, grassed swales, and other methods installed or created on real property.
“Structural BMP” is synonymous with “structural practice,” “stormwater control
facility,” “stormwater control practice,” “stormwater treatment practice,”
“stormwater management practice,” “stormwater control measures,” “structural
stormwater treatment system,” and similar terms used in this ordinance.
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Substantial progress
For the purposes of determining whether sufficient progress has been made on
an approved plan, one or more of the following construction activities toward the
completion of a site or subdivision plan shall occur: obtaining a grading permit
and conducting grading activity on a continuous basis and not discontinued for
more than thirty (30) days; or installation and approval of on-site infrastructure; or
obtaining a building permit for the construction and approval of a building
foundation. “Substantial progress” for purposes of determining whether an
approved plan is null and void is not necessarily the same as “substantial
expenditures” used for determining vested rights pursuant to applicable law.
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ARTICLE 3: ADMINISTRATION AND PROCEDURES
300 REVIEW AND DECISION-MAKING ENTITIES
(A) Stormwater Administrator
1. Designation
A Stormwater Administrator shall be designated by the Town of
Laurel Park to administer and enforce this ordinance.
2. Powers and Duties
In addition to the powers and duties that may be conferred by other
provisions of the Town of Laurel Park Code of Ordinances and
other laws, the Stormwater Administrator shall have the following
powers and duties under this ordinance:
a. To review and approve, approve with conditions, or
disapprove applications for approval of plans pursuant to
this ordinance.
b. To make determinations and render interpretations of this
ordinance
c. To establish application requirements and schedules for
submittal and review of applications and appeals, to review
and make recommendations to the Town of Laurel Park
Town Council on applications for development or
redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance
with its enforcement provisions.
e. To maintain records, maps, and official materials as related
to the adoption, amendment, enforcement, or
administration of this ordinance.
f. To provide expertise and technical assistance to the Town
of Laurel Park Town Council and the Town of Laurel Park
Planning Board, upon request.
g. To designate appropriate other person(s) who shall carry
out the powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the
provisions of this ordinance.
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301 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment
unless exempt pursuant to this ordinance. A permit may only be issued
subsequent to a properly submitted and reviewed permit application,
pursuant to this section.
(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction
of stormwater management and control practices on the site, including
structural BMPs and elements of site design for stormwater management
other than structural BMPs.
The permit is intended to provide a mechanism for the review, approval,
and inspection of the approach to be used for the management and
control of stormwater for the development or redevelopment site
consistent with the requirements of this ordinance, whether the approach
consists of structural BMPs or other techniques such as low-impact or
low-density design. The permit does not continue in existence indefinitely
after the completion of the project, rather, compliance after project
construction is assured by the maintenance provisions of this ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the
Stormwater Administrator by the land owner or the land owner’s duly
authorized agent.
(D) Establishment of Application Requirements, Schedule, and
Fees
1. Application Contents and Form
The Stormwater Administrator shall establish requirements for the
content and form of all applications and shall amend and update
those requirements from time to time. At a minimum, the
stormwater permit application shall describe in detail how post-
development stormwater runoff will be controlled and managed, the
design of all stormwater facilities and practices, and how the
proposed project will meet the requirements of this ordinance.
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2. Submission Schedule
The Stormwater Administrator shall establish a submission
schedule for applications, which shall be reviewed and approved by
the Town of Laurel Park Town Council. The schedule shall
establish deadlines by which complete applications must be
submitted for the purpose of ensuring that there is adequate time to
review applications, and that the various stages in the review
process are accommodated.
3. Permit Review Fees
The Town of Laurel Park Town Council shall establish permit
review fees as well as policies regarding refund of any fees upon
withdrawal of an application, and may amend and update the fees
and policies from time to time.
4. Administrative Manual
For applications required under this Code, the Stormwater
Administrator shall compile the application requirements,
submission schedule, fee schedule, a copy of this ordinance, and
information on how and where to obtain the Design Manual in an
Administrative Manual, which shall be made available to the public.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant
to the application submittal schedule in the form established by the
Stormwater Administrator, along with the appropriate fee established
pursuant to this section.
An application shall be considered as timely submitted only when it
contains all elements of a complete application pursuant to this
ordinance, along with the appropriate fee. If the Stormwater
Administrator finds that an application is incomplete, the applicant shall
be notified of the deficient elements and shall be provided with an
opportunity to submit a complete application. However, the submittal of
an incomplete application shall not suffice to meet a deadline contained in
the submission schedule established above.
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(F) Review
Within forty-five (45) working days after a complete application is
submitted, the Stormwater Administrator shall review the application and
determine whether the application complies with the standards of this
ordinance.
1. Approval
If the Stormwater Administrator finds that the application complies
with the standards of this ordinance, the Stormwater Administrator
shall approve the application. The Stormwater Administrator may
impose conditions of approval as needed to ensure compliance
with this ordinance. The conditions shall be included as part of the
approval.
2. Failure to Comply
If the Stormwater Administrator finds that the application fails to
comply with the standards of this ordinance, the Stormwater
Administrator shall notify the applicant and shall indicate how the
application fails to comply. The applicant shall have an opportunity
to submit a revised application.
3. Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within thirty (30) working days after its re-submittal
and shall be approved, approved with conditions, or disapproved.
If a revised application is not re-submitted within thirty (30) calendar
days from the date the applicant was notified, the application shall
be considered withdrawn, and a new submittal for the same or
substantially the same project shall be required along with the
appropriate fee.
One re-submittal of a revised application may be submitted without
payment of an additional permit review fee. Any re-submittal after
the first re-submittal shall be accompanied by an additional permit
review fee, as established pursuant to this ordinance.
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302 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 and other relevant resource
protection plans may be consulted in the discussion of the concept plan.
To accomplish this goal the following information should be included in
the concept plan, which should be submitted in advance of the meeting:
1. Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which
illustrate at a minimum: existing and proposed topography;
perennial and intermittent streams; mapping of predominant soils
from soil surveys (when available); boundaries of existing
predominant soils from soil surveys (when available); boundaries of
existing vegetation and proposed limits of clearing and grading; and
location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
2. Natural Resources Inventory
A written or graphic inventory of the natural resources at the site
and surrounding area as it exists prior to the commencement of the
project. This description should include a discussion of soil
conditions, forest cover, geologic features, topography, wetlands,
and native vegetative areas on the site, as well as the location and
boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers, and other
setbacks (e.g. drinking water well setbacks, septic setbacks, etc.).
Particular attention should be paid to environmentally sensitive
features that provide particular opportunities or constraints for
development.
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3. Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-
development stormwater management system including:
preliminary selection and location of proposed structural stormwater
controls; low impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales,
and storm drains; flow paths; location of floodplain/floodway limits;
relationship of site to upstream and downstream properties and
drainages; and preliminary location of proposed stream channel
modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Article 4, Standards. All such plans shall be prepared by a
qualified registered North Carolina professional engineer, surveyor, soil
scientist, or landscape architect, and the engineer, surveyor, soil scientist
or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater
management facilities and practices meets the submittal requirements for
complete applications, that the designs and plans are sufficient to comply
with applicable standards and policies found in the Design Manual, and
that the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal
checklist established by the Stormwater Administrator. Incomplete
submittals shall be treated pursuant to Section 301(D).
(C) As-Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall
be granted, the applicant shall certify that the completed project is in
accordance with the approved stormwater management plans and
designs, and shall submit actual “as-built” plans for all stormwater
management facilities or practices after final construction is completed.
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The plans shall show the final design specifications for all stormwater
management facilities and practices and the field location, size, depth,
and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and
plans shall certify, under seal, that the as-built stormwater measures,
controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance
securities.
(D) Other Permits
No Stormwater Compliance Certificate shall be issued by the Town of
Laurel Park without final as-built plans and a final inspection and approval
by the Stormwater Administrator, except where multiple units are served
by the stormwater practice or facilities, in which case the Town of Laurel
Park may elect to withhold a percentage of permits or certificates of
occupancy until as-built plans are submitted and final inspection and
approval has occurred.
303 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific
plans and activity authorized in the permit. The approval shall not be
construed to exempt the applicant from obtaining other applicable
approvals from local, state, and federal authorities.
(B) Time Limit / Expiration
An approved plan shall become null and void if the applicant has failed to
make substantial progress on the site within one (1) year after the date of
approval. The Stormwater Administrator may grant a single, one (1) year
extension of this time limit, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved
plan.
In granting an extension, the Stormwater Administrator may require
compliance with standards adopted since the original application was
submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant’s vested
rights.
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304 APPEALS
Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or
determination relating to the interpretation or application of this ordinance and
made by the Stormwater Administrator may file an appeal to the Town of Laurel
Park Board of Adjustment within thirty (30) days.
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ARTICLE 4: STANDARDS
400 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply
with the standards of this section.
401 DEVELOPMENT STANDARDS FOR LOW DENSITY
PROJECTS
Low-density projects shall comply with each of the following standards:
(A) Transporting Stormwater Runoff
Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent
practicable.
(B) Built-Upon Area
All built-upon area shall be at a minimum of thirty (30) feet landward of all
perennial and intermittent surface waters. A perennial or intermittent
surface water shall be present if the feature is approximately shown on
either the most recent version of the soil survey map prepared by the
Natural Resources Conservation Service of the United States Department
of Agriculture or the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be
allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific
determination made using Division-approved methodology.
(C) Restriction on Property
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded
deed restriction or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
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402 DEVELOPMENT STANDARDS FOR HIGH DENSITY
PROJECTS
High-density projects shall implement stormwater control measures that comply
with each of the following standards:
(A) Stormwater Volume
The measures shall control and treat the difference in stormwater runoff
volume leaving the project site between the pre- and post-development
conditions for, at a minimum, the 1-year, 24-hour storm. Runoff volume
drawdown time shall be a minimum of twenty-four (24) hours, but not
more than 120 hours.
(B) Total Suspended Solids
All structural stormwater treatment systems used to meet the
requirements of the program shall be designed to have a minimum of
85% average annual removal for Total Suspended Solids (TSS);
(C) Design Manual
General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the design manual;
(D) Built-Upon Area
All built-upon area shall be at a minimum of thirty (30) feet landward of all
perennial and intermittent surface waters. A perennial or intermittent
surface water shall be deemed present if the feature is approximately
shown on either the most recent version of the soil survey map prepared
by the Natural Resources Conservation Service of the United States
Department of Agriculture or the most recent version of the 1:24,000
scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may
be allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 2B .0233 (3)(a) or similar site-specific
determination made using Division-approved methodology.
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(E) Restriction on Property
The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded
deed restrictions or protective covenants, to ensure that future
development and redevelopment maintains the site consistent with the
approved project plans.
403 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also
referred to as Best Management Practices, or BMPs) required under this
ordinance shall be evaluated by the Stormwater Administrator according
to the policies, criteria, and information, including technical specifications
and standards and the specific design criteria for each stormwater
practice, in the Design Manual. The Stormwater Administrator shall
determine whether they will be adequate to meet the requirements of this
ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and
maintained in accordance with the criteria and specifications in the
Design Manual will be presumed to meet the minimum water quality and
quantity performance standards of this ordinance. Whenever an
applicant proposes to utilize a practice or practices not designed and
constructed in accordance with the criteria and specifications in the
Design Manual, the applicant shall have the burden of demonstrating that
the practice(s) will satisfy the minimum water quality and quantity
performance standards of this ordinance. The Stormwater Administrator
may require the applicant to provide such documentation, calculations,
and examples as necessary for the Stormwater Administrator to
determine whether such an affirmative showing is made.
(C) Additional Standards for Special Situations – Trout Waters
In addition to the standards for stormwater handling set out in the design
manual, development and redevelopment that drains in whole or part to
class TROUT waters shall be designed and implemented using the best
stormwater practices that do not result in a sustained increase in the
receiving water temperature, while still meeting the other requirements of
the ordinance.
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404 DEDICATION OF BMPs, FACILITIES AND IMPROVEMENTS
The Town of Laurel Park may accept dedication of any existing or future
stormwater management facility for maintenance, provided such facility meets all
the requirements of this ordinance and includes adequate and perpetual access
and sufficient area, by easement or otherwise, for inspection and regular
maintenance.
405 VARIANCES
(A) Petitioner
Any person may petition the Town of Laurel Park for a variance granting
permission to use the person’s land in a manner otherwise prohibited by
this ordinance. To qualify for a variance, the petitioner must show all of
the following:
1. Unnecessary hardships would result from strict application of this
ordinance.
2. The hardships result from conditions that are peculiar to the
property, such as the location, size, or topography of the property.
3. The hardships did not result from actions taken by the petitioner.
4. The requested variance is consistent with the spirit, purpose, and
intent of this ordinance; will secure public safety and welfare; and
will preserve substantial justices.
(B) Conditions
The Town of Laurel Park may impose reasonable and appropriate
conditions and safeguards upon any variance it grants.
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ARTICLE 5: MAINTENANCE
500 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each structural BMP installed pursuant to this ordinance
shall maintain and operate it so as to preserve and continue its function in
controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed
pursuant to this ordinance shall submit to the Stormwater Administrator
an inspection report from a qualified registered North Carolina
professional engineer, surveyor, or landscape architect performing
services only in their area of competence. The inspection report shall
contain all of the following:
1. The name and address of the land owner;
2. The recorded book and page number of the lot of each structural
BMP;
3. A statement that an inspection was made of all structural BMPs;
4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions of the
approved maintenance agreement required by this ordinance; and
6. The original signature and seal of the engineer, surveyor, or
landscape architect.
All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the
Stormwater Administrator beginning one (1) year from the date of as-built
certification and each year thereafter on or before the date of the as-built
certification.
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501 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to this ordinance, and prior to issuance of
any permit for development or redevelopment requiring a structural BMP
pursuant to this ordinance, the applicant or owner of the site must
execute an operation and maintenance agreement that shall be binding
on all subsequent owners of the site, portions of the site, and lots or
parcels served by the structural BMP. Until the transference of all
property, sites, or lots served by the structural BMP, the original owner or
applicant shall have primary responsibility for carrying out the provisions
of the maintenance agreement.
The operation and maintenance agreement shall require the owner or
owners to maintain, repair, and if necessary, reconstruct the structural
BMP, and shall state the terms, conditions, and schedule of maintenance
for the structural BMP. In addition, it shall grant to the Town of Laurel
Park a right of entry in the event that the Stormwater Administrator has
reason to believe it has become necessary to inspect, monitor, maintain,
repair, or reconstruct the structural BMP; however, in no case shall the
right of entry, of itself, confer an obligation on the Town of Laurel Park to
assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the
Stormwater Administrator prior to plan approval, and it shall be
referenced on the final plat and shall be recorded with the county Register
of Deeds upon final plat approval. A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen
(14) days following its recordation.
(B) Special Requirement for Homeowners’ and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to
be or are owned and maintained by a homeowners’ association, property
owners’ association or similar entity, the required operation and
maintenance agreement shall include all of the following provisions:
1. Acknowledgement that the association shall continuously operate
and maintain the stormwater control and management facilities.
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2. Establishment of an escrow account, which must be spent solely for
sediment removal, structural, biological or vegetative replacement,
major repair, or reconstruction of the structural BMPs. If structural
BMPs are not performing adequately or as intended or are not
properly maintained, the Town of Laurel Park, in its sole discretion,
may remedy the situation and in such instances the Town of Laurel
Park shall be fully reimbursed from the escrow account. Escrowed
funds may be spent by the association for sediment removal,
structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs provided that the Town of
Laurel Park shall first consent to the expenditure.
3. Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of
construction permits, whichever shall first occur, the developer shall
pay into the escrow account an amount equal to fifteen (15) per
cent of the initial construction cost of the structural BMPs. Two-
thirds (2/3) of the total amount of sinking fund budget shall be
deposited into the escrow account within the first five (5) years and
the full amount shall be deposited within ten (10) years following
initial construction of the structural BMPs. Funds shall be
deposited each year into the escrow account. A portion of the
annual assessments of the association shall include an allocation
into the escrow account. Any funds drawn down from the escrow
account shall be replaced in accordance with the schedule of
anticipated work used to create the sinking fund budget.
4. The percent of developer contribution and lengths of time to fund
the escrow account may be varied by the Town of Laurel Park
depending on the design and materials of the stormwater control
and management facility.
5. Granting to the Town of Laurel Park a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
6. Allowing the Town of Laurel Park to recover from the association
any and all costs the Town of Laurel Park expends to maintain or
repair the structural BMPs or to correct any operational
deficiencies. Failure to pay the Town of Laurel Park all of its
expended costs, after forty-five (45) days written notice, shall
constitute a breach of the agreement. The Town of Laurel Park
shall thereafter be entitled to bring an action against the association
and its members to pay, or foreclose upon the lien hereby
authorized by the agreement against the property, or both, in case
of a deficiency. Interest, collection costs, and attorney fees shall be
added to the recovery.
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7. A statement that this agreement shall not obligate the Town of
Laurel Park to maintain or repair any structural BMPs , and the
Town of Laurel Park shall not be liable to any person for the
condition or operation of structural BMPs.
8. A statement that this agreement shall not in any way diminish, limit,
or restrict the right of the Town of Laurel Park to enforce any of its
ordinances as authorized by law.
9. A provision indemnifying and holding harmless the Town of Laurel
Park for any costs and injuries arising from or related to the
structural BMP, unless the Town of Laurel Park 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.
502 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Laurel Park may be
conducted or established on any reasonable basis, including but not limited to
routine inspections; random inspections; inspections based upon complaints or
other notice of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are
not limited to, reviewing maintenance and repair records; sampling discharges,
surface water, groundwater, and material or water in BMPs; and evaluating the
condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search
warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct,
hamper or interfere with the Stormwater Administrator while carrying out his or
her official duties.
503 PERFORMANCE SECURITY FOR INSTALLATION AND
MAINTENANCE
(A) May Be Required
The Town of Laurel Park may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or
other acceptable legal arrangement prior to issuance of a permit in order
to ensure that the structural BMPs are
1. installed by the permit holder as required by the approved
stormwater management plan, and/or
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2. maintained by the owner as required by the operation and
maintenance agreement.
(B) Amount
1. Installation
The amount of an installation performance security shall be the
total estimated construction cost of the BMPs approved under the
permit, plus 25%.
2. Maintenance
The amount of a maintenance performance security shall be the
present value of an annuity of perpetual duration based on a
reasonable estimate of the annual cost of inspection, operation and
maintenance of the BMPs approved under the permit, at a discount
rate that reflects the jurisdiction’s cost of borrowing minus a
reasonable estimate of long term inflation.
(C) Uses of Performance Security
1. Forfeiture Provisions
The performance security shall contain forfeiture provisions for
failure, after proper notice, to complete work within the time
specified, or to initiate or maintain any actions which may be
required of the applicant or owner in accordance with this
ordinance, approvals issued pursuant to this ordinance, or an
operation and maintenance agreement established pursuant to this
ordinance.
2. Default
Upon default of the owner to construct, maintain, repair and, if
necessary, reconstruct any structural BMP in accordance with the
applicable permit of operation and maintenance agreement, the
Stormwater Administrator shall obtain and use all or any portion of
the security to make necessary improvements based on an
engineering estimate. Such expenditure of funds shall only be
made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the
use of installation performance security, the Town of Laurel Park
shall not return any of the unused deposited cash funds or other
security, which shall be retained for maintenance.
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3. Costs in Excess of Performance Security
If the Town of Laurel Park takes action upon such failure by the
applicant or owner, the Town of Laurel Park may collect from the
applicant or owner for the difference should the amount of the
reasonable cost of such action exceed the amount of the security
held.
4. Refund
Within sixty (60) days of the final approval, the installation
performance security shall be refunded to the applicant or
terminated, with the exception of any amount attributable to the
cost (plus 25%) of landscaping installation and ongoing
maintenance associated with the BMPs covered by the security.
Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved
plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
504 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation
easement, or dedication and acceptance into public maintenance,
whichever is applicable, pertaining to every structural BMP shall be
referenced on the final plat and shall be recorded with the county Register
of Deeds upon final plat approval. If no subdivision plat is recorded for
the site, then the operations and maintenance agreement, conservation
easement, or dedication and acceptance into public maintenance,
whichever is applicable, shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers
under generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator
to assure compliance with this ordinance, structural BMPs shall be posted
with a conspicuous sign stating who is responsible for required
maintenance and annual inspection. The sign shall be maintained so as
to remain visible and legible.
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505 NUISANCE
The owner of each stormwater BMP shall maintain it so as not to create or
result in a nuisance condition, whether structural or non-structural BMP.
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ARTICLE 6: ENFORCEMENT AND VIOLATIONS
600 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Town of
Laurel Park. Whenever this section refers to the Stormwater
Administrator, it includes his or her designee as well as any authorized
agent of the Town of Laurel Park.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition,
standard, or limitation imposed by this ordinance, or the terms or
conditions of any permit or other development or redevelopment approval
or authorization granted pursuant to this ordinance, is unlawful and shall
constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct
violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively
or passively), or fails to erect, construct, reconstruct, alter, repair or
maintain any structure, BMP, practice, or condition in violation of this
ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies
and penalties set forth herein may include any architect, engineer,
builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition
that results in or constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists;
or an owner, any tenant or occupant, or any other person, who has
control over, or responsibility for, the use or development of the property
on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but
not be limited to:
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1. Person Maintaining Condition Resulting In or Constituting
Violation
An architect, engineer, builder, contractor, developer, agency, or
any other person who participates in, assists, directs, creates,
causes, or maintains a condition that constitutes a violation of this
ordinance, or fails to take appropriate action, so that a violation of
this ordinance results or persists.
2. Person Who Has 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.
601 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether
civil or criminal, shall be cumulative and in addition to any other remedy provided
by law, and may be exercised in any order.
(A) Remedies
1. Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse
to issue a certificate of occupancy for the building or other
improvements constructed or being constructed on the site and
served by the stormwater practices in question until the applicant or
other responsible person has taken the remedial measures set forth
in the notice of violation or has otherwise cured the violations
described therein.
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2. Disapproval of Subsequent Permits and Development
Approvals
As long as a violation of this ordinance continues and remains
uncorrected, the Stormwater Administrator or other authorized
agent may withhold, and the Town Council of Laurel Park may
disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the zoning and/or
subdivision regulations, as appropriate for the land on which the
violation occurs.
3. Injunction, Abatements.
The Stormwater Administrator, with the written authorization of the
Town Council of Laurel Park, may institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction and
order of abatement to correct a violation of this ordinance. Any
person violating this ordinance shall be subject to the full range of
equitable remedies provided in the General Statutes or at common
law.
4. Correction as Public Health Nuisance.
If the violation is deemed dangerous or prejudicial to the public
health or public safety and is within the geographic limits prescribed
by North Carolina G.S. § 160A-193, the Stormwater Administrator,
with the written authorization of the Town Council of Laurel Park,
may cause the violation to be corrected and the costs to be
assessed as a lien against the property.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not
pay the penalty within thirty (30) days after notice of the violation is issued
by the Stormwater Administrator. Civil penalties may be assessed up to
the full amount of penalty to which the Town of Laurel Park is subject for
violations of its Phase II Stormwater permit.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to
the maximum fine permissible under North Carolina law.
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602 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have
occurred, any person may file a written complaint. Such complaint shall
state fully the alleged violation and the basis thereof, and shall be filed
with the Stormwater Administrator, who shall record the complaint. The
complaint shall be investigated promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation
of proper credentials, to enter and inspect any land, building, structure, or
premises to ensure compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or
land is in violation of this ordinance, the Stormwater Administrator shall
notify, in writing, the property owner or other person violating this
ordinance. The notification shall indicate the nature of the violation,
contain the address or other description of the site upon which the
violation is occurring, order the necessary action to abate the violation,
and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil
penalties to be assessed, the time of their accrual, and the time within
which they must be paid or be subject to collection as a debt.
The notice of violation and correction order may be delivered personally
by the Stormwater Administrator, by the Town of Laurel Park Police
Department for violations within the Town of Laurel Park and/or the
Henderson County Sheriff’s Department for violations within the Town of
Laurel Park ETJ, by certified or registered mail, return receipt requested,
or by any means authorized for the service of documents by Rule 4 of the
North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as
provided in the notification, the Stormwater Administrator may take
appropriate action under this ordinance to correct and abate the violation
and to ensure compliance with this ordinance.
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(D) Extension of Time
A person who received a notice of violation and correction order, or the
owner of the land on which the violation occurs, may submit to the
Stormwater Administrator a written request for an extension of time for
correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within
the specified time limit for reasons beyond the control of the person
requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the
violation, up to, but not exceeding forty-five (45) days. The Stormwater
Administrator may grant fifteen (15) day extensions in addition to the
foregoing extension if the violation cannot be corrected within the
permitted time due to circumstances beyond the control of the person
violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension
shall state the date prior to which correction must be made, after which
the violator will be subject to the penalties described in the notice of
violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any
extension(s) if authorized by the Stormwater Administrator, the
Stormwater Administrator shall determine if the violation is corrected. If
the violation is not corrected, the Stormwater Administrator may act to
impose one or more of the remedies and penalties authorized by this
ordinance.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective
enforcement of this ordinance or pose an immediate danger to the public
health, safety, or welfare, then the Stormwater Administrator may order
the immediate cessation of a violation. Any person so ordered shall
cease any violation immediately. The Stormwater Administrator may
seek immediate enforcement, without prior written notice, through any
remedy or penalty authorized by this article.
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ARTICLE 7: ILLICIT DISCHARGES
700 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal,
pouring, or pumping directly to any stormwater conveyance, the waters of
the State, or upon the land in a manner and amount that the substance is
likely to reach a stormwater conveyance or the waters of the State, any
liquid, solid gas, or other substance, other than stormwater; provided that
non-stormwater discharges associated with the following activities are
allowed and provided that they do not significantly impact water quality:
1. Water line flushing;
2. Landscape irrigation;
3. Diverted stream flows;
4. Rising ground waters;
5. Uncontaminated ground water infiltration (as defined at 40 CFR
32.2005(20));
6. Uncontaminated pumped ground water;
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. De-chlorinated 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 of
North Carolina, and provided that any such discharges to the
municipal separate storm sewer system shall be authorized by
the Town of Laurel Park.
Prohibited substances include but are not limited to: oil, anti-freeze,
chemicals, animal waste, paints, garbage, and litter.
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(B) 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 section (a) above, are
unlawful. Prohibited connections include, but are not limited to:
floor drains, waste water from washing machines or sanitary
sewers, wash water from commercial vehicle washing or steam
cleaning, and waste water 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 (1) year following the effective date of this
ordinance. However, the 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 must be removed immediately.
3. Where it is determined that said connection:
a. 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
b. 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.
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(C) Spills
Spills or leaks of polluting substances released, discharged to, or having
the potential to be released or discharged to the stormwater conveyance
system, shall be contained, controlled, collected, and disposed of
properly. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their
release or discharge, and/or persons owning the property on which the
substances were released or discharged, shall immediately notify the
Town of Laurel Park of the release or discharge, as well as making any
required notifications under state and federal law. Notification shall not
relieve any person of any expenses related to the restoration, loss,
damage, or any other liability which may be incurred as a result of said
spill or leak, nor shall such notification relieve any person from other
liability which may be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist within the Town of
Laurel Park 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 set forth in Article 6.
Adopted this 15th day of January, 2008.
SIGNED: _______________________
Henry T. Johnson
Mayor
Attest:
____________________________
Kimberly B. Hensley, CMC
Town Clerk