NCS000455_APPLICATION_20120209

STORMWATER DIVISION CODING SHEET
MS4 PERMITS
PERMIT NO.
1 V CS o
DOC TYPE
NALPERMIT
OA�NUAL REPORT .
61-�PLICATION
❑ COMPLIANCE
❑ OTHER
DOC DATE
❑ X/�"oozol_
YYYYMMDD

OP —,OWN of
O7K
1oRT11 CAR`a
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February 9, 2012
Mike Randall
Staff Engineer
NC DENR-DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Dear Mr. Randall,
E�5�
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The Town of Oak Island is pleased to subunit our NPDES Phase lI general stormwater
permit renewal application. Enclosed are a completed SWU-264-103102 and three
copies of the Stormwater Management Program Report.
If you have any questions concerning this application or its supporting documents, please
contact me at [phone].
Sincerelv. _7 s..
FEB A. 6 2012
DENR-WA[ERRBtiAi�Gh
WETLANDS AND S'ORI WA
t'ublic woms manager
4601 E. Oak Island Drive - Oak Island, North Carolina 28465
Phone: [phone] - Fax: [phone] Websire: www.oakislandnc.com

State of North Carolina OFFIC USE ONLY
Department of Environment & Natural Resources Date Rec'd
Division of Water Quality Fee Paid
Permit Number
NPDES STORMWATER PERMIT APPLICATION FORM
This application form is for use by public bodies seeking NPDES stormwater permit coverage for Regulated Public
Entities (RPE) pursuant to Title 15A North Carolina Administrative Code 2H .0126. A complete application
package includes this form and three copies of the narrative documentation required in Section X of this form.
This application form, completed in accordance with Instructions for completing NPDES Small M54 Stormwater
Permit Application (SWU-270) and the accompanying narrative documentation, completed in accordance with
Instructions for Preparing the Comprehensive Stormwater Management Program Report (SWU-268) are both
required for the application package to be considered a complete application submittal. Incomplete application
submittals may be returned to the applicant.
I. APPLICANT STATUS INFORMATION
a.
Name of Public Entity
Town of Oak Island
Seeking Permit Coverage
b.
Ownership Status (federal,
Local
state or local
c.
Type of Public Entity (city,
Town
town, county, prison, school,
etc.
d.
Federal Standard Industrial
SIC 91 - 97
Classification Code
e.
County(s)
Brunswick
f.
Jurisdictional Area (square
19.91
miles
g.
Population
Permanent
6782 (US Census-2010)
Seasonal (if available)
27795 (Est.)
h.
Ten-year Growth Rate
3.2% (US Census-2000, 2010)
i.
Located on Indian Lands?
❑ Yes ®No ,
II. RPE / MS4 SYSTEM INFORMATION
�L�C�rl 12UWL�0
a.
Storm Sewer Service Area
(square miles
10 Square Miles ftu i
b.
River Basin(s)
Lumber and Cape Fear River Basins WETLANDS AND STORMMATERBRANO
c.
Number of Primary Receiving
Streams
9
d.
Estimated 2ffSentaqe of jurisdictional
area containing the following four land use activities:
•
Residential
75.9
•
Commercial
10.1
•
Industrial
0
•
Open Space
14.0
Total =
100%
e.
Are there significant water
quality issues listed in the
attached application report?
® Yes ❑ No
Page 1
SWU-264-103102

NPDES RPE Stormwater Permit Application
Ili. EXISTING LOCAL WATER QUALITY PROGRAMS
a. Local Nutrient Sensitive Waters Strategy
❑ Yes ® No
b. Local Water Supply Watershed Program
❑ Yes ® No
c. Delegated Erosion and Sediment Control Program
❑ Yes ® No
d. CAMA Land Use Plan
® Yes ❑ No
IV. CO -PERMIT APPLICATION STATUS INFORMATION
(Complete this section only if co -permitting)
a. Do you intend to co -permit with
❑Yes ❑ No
a permitted Phase I enti ?
b. If so, provide the name and permit number of that entity:
• Name of Phase I MS4
• NPDES Permit Number
c. Do you intend to co -permit
Yes ❑ No
with another Phase II entity?
d. If so, provide the name(s) of
the entity:
e. Have legal agreements been
finalized between the co-
❑ Yes ❑ No
rmittees?
V. RELIANCE ON ANOTHER ENTITY TO SATISFY ONE OR MORE OF YOUR PERMIT OBLIGATIONS
(If more than one, attach additional sheets)
a. Do you intend that another
entity perform one or more of
our rmit obligations?
® Yes ❑ No
b. If yes, identify each entity and the element they will be implementing
• Name of Entity
North Carolina Department of Environment and Natural
Resources
• Element they will implement
Construction Site Stormwater Runoff Controls
• Contact Person
Dan Sams
• Contact Address
127 Cardinal Drive Extension, Wilmington, NC 28405
• Contact Telephone Number
910.796.7215
c. Are legal agreements in place
to establish res nsibilities?
®Yes ❑ No
VI. DELEGATION OF AUTHORITY (OPTIONAL)
The signing official may delegate permit implementation authority to an appropriate staff member. This
delegation must name a specific person and position and include documentation of the delegation action
through board action.
a. Name of person to which permit authority
has been delegated
b. Title/position of person above
c. Documentation of board action delegating permit authority to this person/position must be
provided in the attached application report.
Page 2
SWU-264-103102

NPDES RPE Stormwater Permit Application
VII. SIGNING OFFICIAL'S STATEMENT
Please see the application instructions to determine who has signatory authority for this permit
application. If authority for the NPDES stormwater permit has been appropriately delegated through
board action and documented in this permit application, the person/position listed in Section VI above
may sign the official statement below.
I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.
Signature
rL �
Name
Chad Hicks
Title
Interim Town Manager
Street Address
4601 E. Oak Island Dr.
PO Box
City
Oak Island
State
North Carolina
Zip
28465
Telephone
[phone]
Fax
[phone]
E-Mail
[e-mail]
VIII. MS4 CONTACT INFORMATION
Provide the following information for the person/position that will be responsible for day to day
implementation and oversight of the stormwater program.
a.
Name of Contact
Person
John Michaux
b.
Title
Public Works Manager
c.
Street Address
4601 E. Oak Island Dr.
d.
PO Box
e.
City
Oak Island
f.
State
NC
g.
Zip
28465
h.
Telephone Number
[phone]
i.
Fax Number
[phone]
j.
E-Mail Address
[e-mail]
Page 3
SWU-264-103102

NPDES RPE Stormwater Permit Application
IX. PERMITS AND CONSTRUCTION APPROVALS
List permits or construction approvals received or applied for under the following programs. Include contact
name if different than the person listed in Item VIII. If further space needed, attach additional sheets.
a.
RCRA Hazardous Waste
N/A
Management Program
N/A
b.
UIC program under SDWA
c.
NPDES Wastewater Discharge
N/A
Permit Number
d.
Prevention of Significant
N/A
Deterioration (PSD) Program
N/A
e.
Non Attainment Program
f.
National Emission Standards for
N/A
Hazardous Pollutants (NESHAPS)
reconstruction approval
g.
Ocean dumping permits under the
N/A
Marine Protection Research and
Sanctuaries Act
h.
Dredge or fill permits under
N/A
section 404 of CWA
X. NARRATIVE APPLICATION SUPPLEMENT: STORMWATER MANAGEMENT PROGRAM REPORT
Attach three copies of a comprehensive report detailing the proposed stormwater management program for
the five-year permit tern. The report shall be formatted in accordance with the Table of Contents shown
below. The required narrative information for each section is provided in the Instructions for Preparing the
Comprehensive Stormwater Management Program Report (SWU-268). The report must be assembled in the
following order, bound with tabs identifying each section by name, and include a Table of Contents with
page numbers for each entry.
TABLE OF CONTENTS
1. STORM SEWER SYSTEM INFORMATION
1.1. Population Served
1.2. Growth Rate
1.3. Jurisdictional and MS4 Service Areas
1.4. MS4 Conveyance System
I.S. Land Use Composition Estimates
1.6. Estimate Methodology
1.7. TMDL Identification
2. RECEIVING STREAMS
3. EXISTING WATER QUALITY PROGRAMS
3.1. Local Programs
3.2. State programs
Page 4
SWU-264-103102

NPDES RPE Stormwater Permit Application
4. PERMITTING INFORMATION
4.1. Responsible Party Contact List
4.2. Organizational Chart
4.3. Signing Official
4.4. Duly Authorized Representative
5. Co -Permitting Information (if applicable)
5.1. Co-Permittees
5.2. Legal Agreements
5.3. Responsible Parties
6. Reliance on Other Government Entity
6.1. Name of Entity
6.2. Measure Implemented
6.3. Contact Information
6.4. Legal Agreements
7. STORMWATER MANAGEMENT PROGRAM
7.1. Public Education and Outreach on Storm Water Impacts
7.2. Public Involvement and Participation
7.3. Illicit Discharge Detection and Elimination
7.4. Construction Site Stormwater Runoff Control
7.5. Post -Construction Storm Water Management in New Development and Redevelopment
7.6. Pollution Prevention/Good Housekeeping for Municipal Operations
Page 5
SWU-264-103102

C
0
TOWN OF OAK ISLAND
STORMWATER MANAGEMENT
PROGRAM REPORT
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TABLE OF CONTENTS
Page
1.0 Storm Sewer System Information
2
1.1 Population Served
2
1.2 Growth Rate
2
1.3 Jurisdictional and MS4 Service Areas
2
1.4 MS4 Conveyance System
2
1.5 Land Use Composition Estimates
2
1.6 TMDL Identification
2
2.0 Receiving Streams
3
3.0 Existing Water Quality Programs
4
3.1 Local Programs
4
3.2 State Programs
4
4.0 Permitting Information
4
4.1 Responsible Party Contact List
4
4.2 Organizational Chart
5
5.0 Co -Permitting Information
5
6.0 Reliance on Other Governmental Entity
5
7.0 Stormwater Management Program Plan
5
7.1 Public Education and Outreach
5
7.2 Public Involvement and Participation
6
7.3 Illicit Discharge Detection and Elimination
7
7.4 Construction Site Runoff Site Control
8
7.5 Post -construction Runoff Site Control
8
7.6 Pollution Prevention / Good Housekeeping
8
APPENDIX A —Town of Oak Island Illicit Discharge Ordinance
10
APPENDIX B — Town of Oak Island Stormwater Management Guidelines
26
APPENDIX C - Town of Oak Island Phase 11 Stormwater Ordinance
30
APPENDIX D -Town, of Oak Island Administrative Manual for the Phase 1I
54
Post -Construction Ordinance
APPENDIX L — Town of Oak Island Vegetation Management Program Ordinance 66
APPENDIX I- — "Town of Oak Island Tree Program Ordinance 75
•

TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
0 1.0 Storm Sewer System Information
1.1 Population Served: According to the US Census Bureau 2010 census data, the Town of Oak
Island's population was 6,782 persons. The total housing units was 8,686, with 3,354 being
permanently occupied and the remaining 5,332 being vacant recreational, rental, or
occasional use units. The Town estimates the seasonal population to be 3.2 times the
permanent population, which would be 27,795 for the year 2010. The maximum number of
persons residing, vacationing, and visiting the Town of Oak Island in any one day, e.g.,
fourth of July, has been as high as 35,000.
1.2 Growth Rate: In 2000, the Town of Oak Island population was 6,571. According to the US
Census Bureau, the 2010 population was 6783, for an annual growth rate of 3.2%.
1.3 Jurisdictional and MS4 Area: The jurisdictional town boundaries encompass
approximately 19.91 square miles. The MS4 service area is approximately 10 square miles.
1.4 MS4 Conveyance System: There are 127 stormwater discharge locations identified within
the Town of Oak Island, 59 of which discharge into the Davis Canal. A few of these are point
discharges, but most are sheet flow discharges from the streets leading to the canal. The
largest point discharge is located at the intersection of E. Pelican Drive and SE 40th Street.
Stormwater that drains to the ditches on Pelican Drive discharges into the Davis Canal.
There is a series of pipes and ditches leading to 10 discharges into ponds located between SC
® 59`h Street and SE 7151 Street. Pipes and ditches leading to the Intracoastal Waterway convey
the remaining discharges. Most of these discharges are 100 to 200 feet short of the waterway,
thus providing some vegetative filtering before discharging into the waterway.
There are 167 drop inlets, most of which are located at the eastern end of the Town, or what
was the Town of Yaupon Beach. Also in the eastern part of the Town are two manholes
located on McGlamery Street, which are for maintenance of an 18-inch corrugated metal pipe
conveying stormwater to the marsh adjacent to the Intracoastal Waterway.
The Town has 13.3 miles of storm drainage pipe, including road culverts, and 19.7 miles of
designated storm drainage ditches. The conveyance system is maintained by the 'rown's
Public Works department, which includes periodic cleaning of roadside swales, catch basins
and seeding eroded areas to ensure the open portions of the system remain vegetated.
1.5 Land Use Composition: Estimated percentage of the MS4 area under residential,
commercial, industrial, and open space land use.
Residential:
75.9 %
Commercial:
10.1 %
Industrial:
0 %
Open Space:
14.0 %
1.6 TMDL Identification: TMDL allocations have not been issued for any of the Town's
receiving water bodies.
WA

0
2.0 Receiving Streams:
TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
Table 2.1 L,umber River Basin
Receiving Stream
Stream Water Quality Use Support Water Quality 303(d)
Name
Segment Classification
Rating Issues List
Intracoastal Waterway
15-25u
SA;HWQ
Impaired Fecal Coliform Y
Montgomery Slough
15-25v
SA;HWQ
Impaired Fecal Coliform Y
Eastern Channel
15-25-6
SA;HWQ
Impaired Fecal Coliform Y
Atlantic Ocean
99-1
SIB
Impaired Mercury Y
Table 2.2 Cape Fear River Basin
Stream
Water Quality Use Support Water Quality 303(d)
Receiving Stream Name
Segment
Classification Rating Issues
List
Intracoastal Waterway
18-88-9
SA;HWQ
Impaired Fecal Coliform
Y
Denis Creek
18-88-9-2-3
SA;HWQ
Impaired Fecal Coliform
Y
Elizabeth River
18-88-9-2-(1)
SA;HWQ
Impaired Fecal Coliform
Y
Atlantic Ocean
99-1
SB
Impaired Mercury
Y
Dutchman Creek Outlet Channel 18-88-9-3-3
SA;HWQ
Impaired Fecal Coliform
Y
3.0 Existing Water Quality Programs:
Local Programs: NPDES Phase II, Town of Oak Island Land Use flan
State Programs: LAMA, NCDLNR F',rosion and Sediment Control (for construction sites
greater than or equal to 1.0 acres within the Town's jurisdictional limits)
-3-

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•
TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
4.0 Permitting Information: The measurable goals for the Town Of Oak Island's stormwater
program are directly related to the six elements of the Phase 11 permitting process. The
responsible parties are listed in table 4.1.
Table 4.1 — Responsible Party Contact List
Measurable Elements
Contact
Contact
Phone
of Phase If
Person/Position
Organization
Voice / Fax
1. Public education and
John Michaux
Public Works
[phone]/
outreach
Public Works
[phone]
Manager
2. Public involvement
John Michaux
Public Works
[phone]/
and participation
Public Works
[phone]
Manager
3. Illicit discharge
John Michaux
Public Works
[phone]/
detection and
Public Works
[phone]
elimination
Manager
4. Construction site
Scott McIntyre/
Development
[phone]/
runoff control
Chief Code
Services
[phone]
Ian fforcement
Official
5. Post -construction
John Michaux/
Public Works
[phone]/
stormwater
Public Works
[phone]
management in new
Manager
development and
redevelopment
6. Pollution prevention
John Michaux
Public Works
[phone]/
/ good housekeeping
Public Works
[phone]
for municipal
Manager
operations
-4-

•
1�1
•
TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
Figure 4.2 — Town of Oak Island Organization Chart:
Mayor/Town Council
Interim Town Manager
Chad Flicks
Development Services Director
Scott McIntyre
Parkslkec Director
Kellie Ekecson
Police Chief
Van Gddinger
5.0 Co -Permitting Information: NIA
Finance Director
Bonnie Schwerd
Fire Chief'
Craig Forlincs
Public Services Director
Gene Kudgus
Public Works Manager
John Michaux
Public Utilities Manager
David Kelly
6.0 Reliance on Other Governmental Entities: The North Carolina Department of
Environment and Natural Resources (NCDENR) enforce erosion control for land
disturbances greater than one acre. The Wilmington regional office of NCDENR is the
enforcing agency for the Town of Oak Island.
7.0 Stormwater Management Program Plan: The Stormwater Management Plan is to ensure
the implementation and enforce the Stormwater Management Program (SWMP) designed to
reduce the discharge of pollutants from the Town of Oak Island MS4 to the maximum extent
practicable (MEP), to protect water quality, and satisfy the appropriate water quality
requirements of the Clean Water Act.
7.1 Public Education and Outreach on Stormwater Impacts
7.1.1 Target Pollutant Sources:
• Fecal Coliform: Non -point sources can increase levels of fecal
coliform in area surface waters.
• Sediment: Sediment removal reduces sedimentation of tidal creeks
and waterways and improves water quality for aquatic life and
recreational uses.
Application of Lawn Care Products: Overuse and improper
application of lawn care products poses risks to the natural
environment, including people.
-5-

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TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
® • Disposal of Household Chemicals and used Oil: Improper
disposal of chemicals and oil degrades local surface water quality.
• Trash: An accumulation of trash and debris can clog storm the
MS4 infrastructure, creating hazards for vehicles, pedestrians and
homes.
• Car Washing: Car washing can introduce pollutants into the
drainage system and discharge into the local surface waters.
•
7.1.2 Target Audience: The target audience for this measure will be households,
businesses and "Town visitors. Efforts will continue to be rnade to target
materials and educational programs for school age children, the general
public and Town employees. Materials will also be created to focus on
different types of audiences including residential and commercial.
7.1.3 Outreach Program: The "Town's approach for the outreach program wi I I
continue to use different methods to distribute information and inform the
public. The various methods include maintaining the Town stormwater
website (oakislandcleanwater.org), newspaper advertisements, workshops,
mailers, educational materials/presentations for school children, community
cable access television (educational videos/ads, watershed ecology, low
impact development and other BMI's), and attending community events.
7.1.4 Evaluation: The effectiveness of this measure will be evaluated on an
annual basis through a review of the number of materials developed and
distributed, the number of school aged children participating in the non -
point source pollution programs and attendance at community events.
7.2 Public Involvement and Participation
7.2.1 Public Meeting: Conduct a public meeting during year 2 of the permit to
allow the public an opportunity to review and comment on the plan and
ensures that elected officials have an opportunity to hear comments directly
from the public.
7.2.2 Volunteer Community Involvement Program: The "Town will continue to
sponsor marsh cleanup events to promote "ownership" of the program and
remove trash from public tidal creeks and estuaries.
7.2.3 Public Involvement Mechanism: The Town will continue to support the
Town of Oak Island Stormwater Advisory Board, originally established in
2001, that meets monthly serving in an advisory role to the Public Works
Manager and the Town Council.
7.2.4 Stormwater Hotline: The Town will continue to maintain the hotline
(910.201.8008) for the general public to use for reporting pollution related
issues.
7.2.5 Evaluation: The effectiveness will be evaluated by feedback received
during the public meeting and reviewing the database of calls received on
the pollution prevention hotline.
'l•

TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
is 7.3 Illicit Discharge Detection and Elimination
7.3.1 Storm Sewer System Map: The Town has a GIS layer of stormwater
infrastructure showing the location of major outfalls, swales and size and
material of all pipes and catch basins. The layer is maintained and updated
by the Public Works department.
7.3.2 Regulatory Mechanism: See Appendix A, Illicit Stormwater Discharge
Ordinance.
7.3.3 Enforcement: Section 15-71 S of the Illicit Stormwater Discharge ordinance
outlines the enforcement procedure used including violation notification,
civil and criminal penalties, costs for restoration, corrective action,
abatement and monitoring.
7.3.4 Detection and Elimination: The Town currently conducts dry weather field
screening for non-stormwater water flows. On -site inspections of businesses
with higher likelihood of illicit connections will be conducted on an as -
needed basis. The general public will be provided with reporting
mechanisms to notify Town personnel of illicit connections. The "Town will
train employees to identify illicit connections and report possible violations
to appropriate staff members.
7.3.4.1 Procedures for tracing the source of an illicit discharge: The
Town uses common methods, such as video, smoke and dye to
determine the source of an observed illicit discharge.
As 7.3.4.2 Procedures for removing the source of the illicit discharge:
The Town Illicit Stormwater Discharge Ordinance outlines the
procedure for removing illicit discharges.
7.3.4.3 Procedures for evaluation of the plan to detect and eliminate
illicit discharges: The stormwater administrator will evaluate the
plan annually and determine if the program goals have been rnet.
If not, a new strategy will be developed and implemented.
•
7.3.5 Outreach: The Town will inform the public about the hazards of illicit
connections and illegal dumping through methods described in the Public
Education measure.
7.3.6 Staff Training: The Town will provide training in meetings that include
employees from departments that routinely work in the field. 'Town staff
will be directed to report all possible illicit discharges to the stormwater
administrator.
7.3.7 Evaluation: The program effectiveness will be evaluated annually on
finding and correcting illicit discharges into the storm drainage system Uld
ensuring all components of the program are met.
-7-

TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
9 7.4 Construction Site Stormwater Runoff Control
7.4.1 Construction Sites (greater than one acre): The Town will rely on
existing measures implemented through NCDENR Land Quality Section for
these sites.
7.4.2 Smaller Construction Sites: The Town will continue to provide all
contractors with the stormwater management guidelines, See Appendix E3,
and complete inspections to ensure compliance.
7.5 Post -Construction Stormwater Management in New Development and
Redevelopment
7.5.1 Regulatory Mechanism: The Town Council, on May I, 2009, adopted an
ordinance officially known as "The Phase If Stormwater Ordinance" See
Appendix C. The ordinance requires an applicant or owner to execute a
Stormwater Management/BMP Facilities Agreement prior to the issuance
of any permit for development or redevelopment. The Town has
developed and implemented an Administrative Manual for the Phase 11
Post -Construction Ordinance. See Appendix D.
7.5.2 Requirement for Controlling Sources of Fecal Coliform (Septic
Systems): The Town has recently completed the installation of a central
wastewater collection system.
7.5.3 Non -Structural BMPs: The Town Phase II Stormwater Ordinance
requires all development and redevelopment to consider Low Impact
Development (LID) practices to analyze the infiltration capacity and
natural drainages of the site and develop a system of controls which mimic
the existing natural hydrology and which cumulatively capture and treat
the runoff from the first one and one-half inches of rainfall or additional
more restrictive requirements for projects within one-half mile of Class
SA waters.
7.5.4 Natural Resource Protection: The Town Council adopted an ordinance
in 2009 outlining a Vegetation Management Program. See Appendix E.
The Division of Coastal Management is responsible for maintaining
estuarine Areas of Environmental Concern (AECs) and establishing
Specific Use Standards that specify the types of projects and construction
methods that may be located/used in AECs.
7.5.5 Open Space Protection: Town of Oak Island Land Development
standards require developers of major subdivisions dedicate a portion of
the land to open space. An Open Space District is codified to preserve and
protect areas of environmental concern.
7.5.6 Tree Preservation: The 'Town Council adopted an ordinance in 2009
outlining a Tree Program that serves to preserve and enhance the Town's
urban forest. See Appendix F.
7.5.7 Green Infrastructure and Design: The Town will review applicable
development ordinances and policies for opportunities that allow for
is alternatives to traditional design standards which reduce required
impervious surfaces and increase on -site infiltration. The Phase 11

TOWN OF OAK ISLAND
STORMWATER MANAGEMENT PROGRAM REPORT
Stormwater Ordinance and development guidelines allow and encourage
the use of constructed wetlands, cisterns and rain gardens.
7.5.8 Redevelopment: None at this time.
7.5.9 Mixed -Use Development: Mixed -use development is currently allowed.
7.6 Pollution Prevention/Good Housekeeping for Municipal Operations
7.6.1 Affected Operations: The operations listed below are impacted by the
operation and maintenance program.
• Vehicle and Equipment Maintenance
• Drainage System Maintenance
• Equipment Storage
• Material Storage
• Street Sweeping and Parking Lot Maintenance
• Grounds Maintenance and Chemical Application
7.6.2
Training: Town employee training will continue by conducting training
sessions for various departments including fleet maintenance, grounds and
solid waste, streets, facilities maintenance and public utilities.
7.6.3
Maintenance and Inspections: The public works department provides
street sweeping for certain streets on an as needed basis. The "Town
provides trash receptacles in all of the public parks and other areas
including the sidewalks and beachfront. The Town provides garbage,
recycling, collection of brown and white goods, limb and leaf collection,
and used oil/filter recycling for all residents. The Town conducts routine
drainage system inspections as part of the Illicit Discharge and Detection
Program and cleans storm drain infrastructure as needed. The Town will
initiate a Hazardous Household Collection Program beginning in 2012.
7.6.4
Vehicular Operations: All "Town parking lots constructed since 2009
have been designed with appropriate infiltration BMPs to reduce the
discharge of pollutants. Maintenance and storage yards are inspected and
materials are covered to prevent potential polluted runoff.
7.6.5
Waste Disposal: All allowable waste collected from the storm sewer
system is deposited in the Brunswick County I.,andfill.
7.6.6
Evaluation: The measurable goals are to increase the awareness of water
quality among all employees and the potential impact of daily operations
on local tidal creeks and estuaries.
0

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE [321
(32) Editor's note— An ordinance of Aug. 13, 2002, did not specifically amend the Code; hence, with the
concurrence of the city, inclusion of the substantive provisions of such ordinance as Art. Vt, §§ 18-701-18-722.
Sec. 18-701. - Short title.
Sec. 18-702. - Definitions.
Sec. 18-703. - Findings of facts.
Sec. 18-704. - Objectives.
Sec. 18-705. - Applicability.
Sec. 18-706. - Responsibility for administration.
Sec. 18-707. - Ultimate responsibility.
Sec. 18-708. - Watercourse protection.
Sec. 18-709. - ReQiiirements to prevent _control and reduce st_ormwater pollutants by the use of best management
Tacp - tices --
Sec. 18-710. - Permitted discharge activity.
Sec. 18-711. - Discharge prohibitions.
Sec. 18-712. - Monitoring of discharge.
Sec. 18-713. - Suspension of stormwater drain access.
Sec. 18-714. - Notification of spills.
Sec. 18-715, - Enforcement.
Sec. 18-716. - Appeal of notice of violation.
Sec 18-717. - Enforcement measures after apt eat.
Sec. 18-718. - Injunctive relief.
Sec. 18-719. - Alternative compensatory action.
Sec. 18-720. - Violations deemed a public nuisance.
Sec. 18-721. - Criminal prosecution.
Sec. 18-722. - Remedies not exclusive.
Secs 18-723-18-733. - Reserved.
Sec. 18-701. - Short title.
This article shall be known as the "Illicit Stormwater Discharge Ordinance for the Town of Oak Island,
North Carolina."
(Ord. of 9-9-2002, § 1.0)
Sec. 18-702. - Definitions.
Unless specifically defined below, words or phrases shall be interpreted so as to give them the meaning
they have in common usage and to give this article its most effective application. Words used in
singular shall include the plural and the plural the singular; words used in the present tense shall
include the future tense. The word "shall" denotes mandatory and not discretionary; the word "may" is
permissive.
Adverse impacts: Any modifications, alterations or effects on a feature or characteristic of community
waters or wetlands, including their quality, quantity, hydrodynamics, surface area, species composition,
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1101 living resources, aesthetics or usefulness for human or natural uses which are or may potentially be
harmful.
Authorized enforcement agency: Employees or designees of the Town of Oak Island.
Best management practices (BMPs): Schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and education practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants directly or indirectly to
stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
Clean water act: The federal Water Pollution Control Act (33 U.S.C. and 1251 et. seq.), and any
subsequent amendments thereto.
Community of waters: See Waters.
Connection: Any physical common joining including devices that are natural, constructed, installed,
fabricated, shaped, redirected, sloped, pumped, drained connection including methods by artificial or
natural means, and located either above surface, at surface, or sub -surface locations, and from either.
indoor, outside, and moveable sources of origination and including spills.
Construction activity.- Activities subject to NPDES construction permits. These include construction
permits resulting in land disturbance of one acre or more. Such activities include but are not limited to
clearing and grubbing, grading, excavating, and demolition.
Drainage facility: Any component of the drainage system.
Drainage system. System through which water flows from the land, including piping, watercourses,
water bodies, and wetlands.
Excluded stormwater system discharge category: The following categories of potential discharges to
the stormwater system are not to be considered as illegal discharges, except if in the judgment of the
town, activities under these categories, or the categories, are significant contributors of pollutants:
(1) Water line flushing.
(2) Landscape and lawn irrigation water.
(3) Diverted stream flows.
(4) Rising ground waters.
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)).
(6) Uncontaminated pumped ground water.
(7) Discharges from potable water sources.
(8) Air conditioning condensation.
(9) Springs.
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ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
(10) Water from crawl space pumps.
(11) Individual residential car washing.
(12) Flows from riparian habitats and wetlands.
(13) De -chlorinated swimming pool discharges.
(14) Street wash water.
(15) Foundation or footing drains (not including active groundwater dewatering systems).
(16) Other water source discharge not containing pollutants.
(17) Discharges or flows from fire fighting activities only need to be addressed where they are
identified as significant sources of pollutants.
Flood: Temporary rise in the level of any water body, watercourse or wetland which results in the
inundation of areas not ordinarily covered by water.
Hazardous materials: Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property, or
the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit connection: Any unlawful connection, which allows the discharge of non-stormwater to the
stormwater conveyance system or waters of the state in violation of this article, regardless of whether
said conveyance system or connection had been previously allowed, permitted, or approved by the
town or, including whether any conveyance system or connection to the stormwater drain system which
has not been documented in plans, map, or equivalent records and approved by the town for a private,
residential, commercial, industrial or public land use.
Illegal discharge: Any unlawful direct or indirect non-stormwater discharge, disposal, placement,
emptying, dumping, spillage, leakage, pumping, pouring, emission, or other discharge of any substance
other than stormwater into the municipal separate storm sewer system (MS4), that is not composed
entirely of stormwater and, except discharges pursuant to a current NPDES permit, discharges
resulting from fire fighting activities, and excluded discharge categories, such that the substance is
likely to reach a stormwater conveyance or the waters of the state. These illicit stormwater discharges
may include earth, fluid, solid, gas, or other substances, other than stormwater, provided that non-
stormwater discharges associated with an excluded stormwater system discharge category may
significantly impact water quality.
Industrial activity: Activities subject to NPDES industrial permits as defined in 40 CFR, section 122.23
(b)(14).
MS4: Municipal separate storm sewer system.
Municipal separate storm sewer system (MS4): A separate conveyance system, constructed, or
present, to convey stormwater drainage, separately from other wastes systems such as sewer systems,
through the use of ditches, swales, pipes, culverts, over -land drainage, surface and subsurface flows.
National pollutant discharge elimination system (NPDES) stormwater discharge permit: A permit issued
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by EPA (or a State under authority delegated pursuant to 33 U.S.C. & 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on an individual,
group, or general area -wide basis.
Natural systems: Those communities of plants, animals, bacteria and other flora and fauna that occur
indigenously on the land, in the soil or in the water.
Non-stormwater discharge: Any discharge to the stormwater drain system that is not composed entirely
of stormwater.
NPDES phase 11 regulations: Federal register part II 40 CFR parts 9, 122, 123 and 124 the "National
Pollutant Discharge System — Regulations for Revision of the Water Pollution Control Program
Addressing Stormwater Discharge".
Person: Person means any and all persons, includes any individual, firm, corporation, government
agency, business trust, estate, trust, partnership, association, two or more persons having a joint or
common interest, or any other legal entity.
Pollutant: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to
paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and
accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including
adjacent sidewalks and parking strips.
Receiving bodies of water.' Water bodies, watercourses or wetlands into which surface waters flow
either naturally, in manmade ditches, or in a closed conduit system.
Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural
precipitation and resulting from such precipitation, regardless of amount of precipitation or time of
precipitation event.
Stormwater drainage system: Facilities by which stormwater is collected and/or conveyed, including but
not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and manmade or altered drainage channels,
reservoirs, and other drainage structures.
Stormwater pollution prevention plan. A document which describes the best management practices and
activities to be implemented by a person or business to identify sources of pollution or contamination at
a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent practicable.
Wastewater. Means any water or other liquid, other than uncontaminated stormwater, discharged from
a facility.
Watercourse: Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain,
waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a definite direction,
either continuously or intermittently, and which has a definite channel, bed or banks.
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Water body: Natural or artificial pond, lake, reservoir or other area which ordinarily or intermittently
contains water and which has a discernable shoreline.
Waters or community of waters. Water on or beneath the surface of the ground including watercourses,
water body, or drainage system, including diffused surface water and water percolating, standing, or
flowing beneath the surface of the ground, as well as coastal waters.
Waters of the state: Surface waters within or flowing through the boundaries of the state including any
intermittent or perennial stream, river, creek, brook, swamp, lake, sound, tidal estuary, bay, reservoir,
wetland, or any other surface water or any portion thereof that is mapped as solid or dashed blue lines
on United States Department of the Interior Geological Survey 7.5 minute series topographic maps.
Treatment systems, consisting of manmade bodies of water, which were not originally created in waters
of the state and which are not the result of impoundment of waters of the state, are not waters of the
state.
Wetlands: Those areas where:
(1) The soil is ordinarily saturated with water; or
(2) The dominant plant community is one or more of those species designated by the U.S. Army
Corps of Engineers as identifying wetlands or the transitional zone of wetlands; or
(3) The presence of one or more of those plant species designated by the North Carolina
Division of Coastal Management as identifying coastal wetlands or the transitional zone of coastal
wetlands.
(Ord. of 8-13-2002, § 2.0)
Sec. 18-703. - Findings of facts.
The town council finds that the discharge of non-stormwater drainage to waters of the state and to the
municipal storm drainage system could have significant adverse impact upon health, safety, and
welfare of the community. More specifically:
(1) Illicit stormwater discharges carry pollutants into receiving water bodies, degrading water
quality and effect in closures of shell fishing waters.
(2) A nutrient such as phosphorus or nitrogen accelerates eutrophication of receiving waters,
adversely affecting flora and fauna.
(3) Improper connection to the storm drain system and to waters of the state adversely impacts
quality of receiving waters.
(4) Septic tank discharges from non -compliant systems, washing machine discharges, and
illegal dumping into the stormwater drains are examples of illicit discharges.
(5) The town must have the authority to deter and/or stop illicit discharges to stormwater drains
and ditches.
(6) Substantial economic losses result from these adverse impacts on community waters.
S(7) Illicit discharges to water bodies diminish their capacity to naturally process runoff nutrients,
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Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
9 thereby harming flora and fauna.
(8) Increase of illicit discharge to waters can percolate into the soil, thereby decreasing
groundwater quality.
(9) Improperly managed stormwater systems can decrease the quality of property and human
life.
(10) Improperly managed stormwater drainage systems can interfere with the maintenance of
optimum estuarine areas and biological productivity.
(11) Many future problems can be avoided if land is developed in accordance with an illicit
stormwater discharge ordinance.
(Ord. of 8-13-2002, § 3.0)
Sec. 18-704. - Objectives.
The purpose of this article is to provide for the health, safety, and general welfare of the people of the
town through the regulation of non-stormwater discharges to the storm drainage system to the
maximum extent practicable as required by federal and state law. This article establishes methods for
controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order
to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit
process.
In order to protect, maintain, and enhance both the immediate and the long-term health, safety and
general welfare of the town, this article has the following objectives:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by stormwater discharges by any user.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system
(MS4).
(3) To establish legal authority to carry out all inspections, surveillances, and monitoring
procedures necessary to ensure compliance with this article.
(4) To encourage productive and enjoyable harmony between humanity and nature.
(5) To protect and maintain the chemical, physical, and biological integrity of any and all waters.
(6) To prevent individuals and organizations from causing harm to the community by activities
which adversely affect water resources.
(7) To encourage the maintenance and construction of drainage systems which aesthetically and
functionally approximate natural systems.
(8) To encourage town occupants to be aware of potential sources of illicit discharges, so they
can better manage their actions in the environment.
(9) To protect natural systems and their uses in ways that do not impair their beneficial
® functioning.
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(10) To increase and maintain the quality of groundwater sources.
(11) To protect and maintain estuarine areas.
(12) To prevent damage to waters, including wetlands and groundwater systems.
(13) To protect and maintain fish and wildlife habitats.
(14) To ensure the attainment of these objectives by requiring the approval and implementation of
the Illicit Stormwater Discharge Ordinance.
(Ord. of 3-18-2002, § 4.0)
Sec. 18-705. - Applicability.
This article shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands unless explicitly exempted by the town, as an excluded discharge category.
Stormwater discharge, occurring after the effective March 18, 2002, within the town, must comply with
the Illicit Stormwater Discharge Ordinance. All persons must take appropriate actions and measures, as
defined by this Illicit Stormwater Discharge Ordinance, and all other town ordinances, regulations and
laws, to stop all illicit stormwater discharges that may occur on their property and, if necessary, ensure
appropriate corrective measures are taken on any existing known, noted or observed non -compliant
items including: discharges, connections, activities, or actions.
All person shall address present non -complying illicit stormwater discharges including the following
possible occurrences:
(1) Connections to a stormwater conveyance or stormwater conveyance system, which allows
the discharge of non-stormwater, other than excluded discharge category, are unlawful. Prohibited
discharges include, but are not limited to:
a. Floor drains.
b. Waste water from washing machines.
C. Waste water from sanitary sewers.
d. Wash water from commercial vehicle washing or steam cleaning.
e. Connection of drainage leaders from structures.
f. Failed or failing wastewater disposal fields.
g. Illicit discharge resulting from household pet waste.
h. Illicit discharge resulting from lawn care products including excessive fertilizers,
lawn/landscape chemical treatments.
i. Disposal of household hazardous pollutants.
i. Abandoned water wells.
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ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
(2) Where such connections exist 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 application of this
regulation.
(3) The one-year grace period shall not apply to connections which may result in the discharge
of hazardous materials or other discharges which pose any immediate threat to health and safety;
are likely to result in immediate injury and harm to real or personal property, natural resources,
wildlife, or habitat; or were made in violation of any applicable regulation or ordinance.
(4) The town shall designate the time within which the connection shall be removed. In setting
the time limit for compliance, the town 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.
(5) Unless exempted pursuant to subsection (6) or granted a variance pursuant to subsection
(6), a corrective plan must be submitted and corrected action to remedy an identified illicit
stormwater discharge taken before:
® a. A plat is recorded or land is subdivided; or
b. An existing drainage system is altered, rerouted, or deepened; or
c. A new building permit is issued.
(6) Exemptions: The following development activities are exempt from the illicit Stormwater
Discharge Ordinance Plan requirement.
a. Agricultural activity not involving the artificial drainage of land.
b. Variances: The town may grant a written variance from any requirement of this article
using the following criteria:
1. There are special circumstances applicable to the subject property of its intended
use; and
2. The granting of the variance will not:
i. Significantly increase or decrease the rate of illicit stormwater discharge, or
pollutants
ii. Have a significant adverse impact on an area "404 wetland", watercourse or
water body.
0 iii. Significantly contribute to the degradation of water quality.
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Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
0 iv. Otherwise significantly impair attainment of the objectives of this article.
(Ord. of 8-13-2002, § 5.0)
Sec. 18-706. - Responsibility for administration.
The town shall administer, implement, and enforce the provisions of this article. Any powers granted or
duties imposed upon the town may be delegated in writing to persons or entities acting in the beneficial
interest of the town.
(Ord. of 8-13-2002, § 6.0)
Sec. 18-707. - Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this article are minimum standards;
therefore this article does not intend nor imply that compliance by any person will ensure that there will
be no contamination, pollution, nor unauthorized discharge of pollutants.
(Ord. of 8-13-2002, § 7.0)
Sec. 18-708. - Watercourse protection.
Every person owning property through which a watercourse passes, or such person's lessee, shall
keep and maintain that part of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water
® through the watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse so that such structures will not become a hazard to the
use, function, or physical integrity of the watercourse.
(Ord. of 8-13-2002, § 8.0)
Sec. 18-709. - Requirements to prevent, control and reduce stormwater pollutants by the use of
best management practices.
The town will adopt requirements identifying best management practices for any activity, operation, or
property that may cause or contribute to pollution or contamination of stormwater, the stormwater drain
system, or waters of the United States. The owner or operator of a commercial or industrial
establishment shall provide, at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the stormwater drain system or watercourses through the use
of these structural and non-structural BMPs. Further, any person responsible for a property or premise
which is, or may be, the source of an illicit discharge, may be required to implement, at said person's
expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to
the stormwater drain system. Compliance with all terms and conditions of a valid NPDES permit
authorizing the discharge of stormwater associated with industrial activity, to the extent practicable,
shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a
stormwater management plan as necessary for compliance with requirements of the NPDES permit.
(Ord. of 8-13-2002, § 9.0)
Sec. 18-710. - Permitted discharge activity.
• Any person subject to an NPDES stormwater discharge permit (including construction activity, land
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PART 11 - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
disturbance permit, industrial NPDES permit or other NPDES Permit) shall comply with all provisions of
such permit. Proof of compliance with said permit may be required in a form acceptable to the town
prior to the allowing of discharges to the stormwater drain system.
(Ord. of 8-13-2002, § 10.0)
Sec. 18-711. - Discharge prohibitions.
Prohibition of illegal discharge.
No person shall discharge or cause to be discharged into the stormwater drain system or watercourses
any materials, including but not limited to pollutants or waters containing any pollutants that cause or
contribute to a violation of applicable water quality standards, other than stormwater.
The commencement, conduct or continuance of any illegal discharge to the stormwater drain system is
prohibited except as described as follows:
(1) The following discharges are exempt from discharge prohibitions established by this article.
a. Rising ground water,
b. Uncontaminated pumped ground water,
C. Foundation or footing drains (not including active groundwater dewatering systems),
d.. Crawl space pumps,
e. Other water source not containing pollutants.
(2) Discharges specified in writing .by the town as being necessary to protect public health and
safety.
(3) Dye testing is an allowable discharge, but requires a verbal notification to the town prior to
the time of the test.
(4) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES
permit, waiver, or waste discharge order issued to the persons and administered under the
compliance with all requirements of the .permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any discharge to the
stormwater drain system.
Prohibition of illicit connections.
The construction, use, maintenance or continued existence of illicit connections to the stormwater drain
system is prohibited.
This prohibition expressly includes, without limitation, connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or prevailing at the time of
connection.
A person is considered to be in violation of this article if the person conveys non-stormwater to the
• stormwater drain system, or allows such a connection to continue.
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0 (Ord. of 8-13-2002, § 11.0)
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
Sec. 18-712. - Monitoring of discharge.
This section applies to all properties that have stormwater discharges.
Access to properties.
(1) The town shall be permitted to enter and inspect property subject to regulation under this
article as often as may be necessary to determine compliance with this article. If a discharger has
security measures in force, which require proper identification and clearance before entry onto
property, the discharger shall make the necessary arrangements to allow access to
representatives of the town.
(2) Existing NPDES permit operators shall allow the town ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of records that must
be kept under the conditions of an NPDES permit to discharge stormwater, and the performance
of any additional duties as defined by state and federal law.
(3) The town have the right to establish on any permitted property such devices as are
necessary in the opinion of the town to conduct monitoring and/or sampling of the stormwater
discharge from the property. Sampling may include turbidity, coliform, nutrients, suspended solids.
Other testing devices of existing systems may include video recording, dye testing, etc.
(4) The town has the right to require NPDES permittees discharging stormwater to install
monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at their expense.
All devices used to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
(5) Any temporary or permanent obstruction to safe and easy access to the property to be
inspected and/or sampled shall be promptly removed by the operator at the written or oral request
of the town and shall not be replaced. The cost of clearing such access shall be borne by the
person.
(6) Unreasonable delays in allowing the town access to a permitted property is a violation of a
stormwater discharge permit and of this article. A person who is the operator of a property with an
NPDES permit to discharge stormwater associated with industrial activity commits an offense if
the person denies the town reasonable access to the permitted facility for the purpose of
conducting any activity authorized or required by this article.
(7) If the town has been refused access to any part of the premises from which stormwater is
discharged, and is able to demonstrate probable cause to believe that there may be a violation of
this article, or that there is a need to inspect and/or sample as part of a routine inspection and
sampling program designed to verify compliance with this article or any order issued hereunder, or
to protect the overall public health, safety, and welfare of the community, then the town may seek
issuance of a search warrant from any court of competent jurisdiction.
(Ord. of 8-13-2002, § 12.0)
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ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
® Sec. 18-713. - Suspension of stormwater drain access_
Suspension due to illicit discharge in emergency situations.
The town may, without prior notice, suspend stormwater drain discharge access to a person or
business when such suspension is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the stormwater drain system or waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the town may take such steps as deemed necessary
to prevent or minimize damage to the stormwater drain system or waters of the United States, or to
minimize danger to persons.
Suspension due to the detection of illicit discharge.
Any person discharging to the stormwater drain system in violation of this article may have their
stormwater drain access terminated if such termination would abate or reduce an illicit discharge. The
town will notify a violator of the proposed termination of its stormwater drain access. The violator may
petition the town for a reconsideration and hearing.
A person commits an offense if the person reinstates stormwater drain access to premises terminated
pursuant to this section, without the prior approval of the town.
(Ord. of 8-13-2002, § 13.0)
Sec. 18-714. - Notification of spills.
• Not withstanding other requirements of law, as soon as any person responsible for a facility or
operation, or responsible for emergency response for a facility or operation, has information of any
known or suspected release of materials which are resulting or may result in illegal discharges or
pollutants discharging into stormwater, the stormwater drain system, or waters of the United States said
person shall take all necessary steps to ensure the discovery, containment, and cleanup of such
release. In the event of such a release of hazardous materials said person shall immediately notify
emergency response agencies, town police, fire rescue, and town offices, of the occurrence via
emergency dispatch services. In the event of a release of non -hazardous materials, said person shall
notify the town in person or by phone or facsimile no later than the next business day. Notifications in
person or by phone shall be confirmed by written notice addressed and mailed to the town within three
business days of the phone notice. If the discharge of prohibited materials emanates from a commercial
or industrial establishment, the owner or operator of such establishment shall also retain an on -site
written record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three years.
(Ord. of 8-13-2002, § 14.0)
Sec. 18-715. - Enforcement.
Nuisance.
Any activity that is commenced without acceptance of the Illicit Stormwater Discharge Ordinance, or is
conducted contrary to an approved plan as required by this article, shall be deemed a public nuisance
and may be restrained by injunction or otherwise abated in a manner provided by law.
• Violation notification.
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ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
When the town determines that an activity is not being carried out in accordance with the requirements
of this article, the town will issue a written notice of violation, to the owner of the property. The notice of
violation shall contain:
(1) The name and address of the owner or applicant;
(2) The street address when available or a description of the building structure, or land upon
which the violation is occurring;
(3) A statement specifying the nature of the violation;
(4) A description of the remedial actions necessary to bring the development activity into
compliance with this article and a time schedule for completion of such remedial action;
(5) A statement of the penalty or penalties that shall or may be assessed against the person to
whom the notice of violation is directed;
(6) The notice of violation shall be served upon the person(s) to whom it is directed either
personally, in the manner provided for personal service'of notices by the court of local jurisdiction
or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt
requested to such person at person's last known address.
Civil and criminal penalties.
In addition to or as an alternative to any penalty provided herein or by law, any person who violates the
provisions of this article shall be punished by a fine of not less than $100.00 nor more than $1,000.00
or by imprisonment in the county jail for a period not to exceed 60 days, or by both such fine and
imprisonment. Such person shall be guilty of a separate offense for each day during which the violation
occurs or continues.
Costs for restoration, corrective action, abatement, and monitoring.
Any violator may be required to restore land to its undisturbed condition. Notice shall set forth a
deadline within which such remediation or restoration must be completed. In the event that restoration
is not undertaken within a reasonable time after notice, the town may take necessary corrective action,
the cost of which shall become a lien upon the property until paid. Costs to the property owner may
include:
(1) The performance of monitoring, analysis, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property;
(5) Payment of costs for town administrative and remediation costs;
(6) Town's cost if they implement source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the said notice shall
further advise that, should the violator fail to remediate or restore within the established deadline, the
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
town or a contractor will do the work and the expense thereof shall be charged to the violator.
(Ord. of 8-13-2002, § 15.0)
Sec. 18-716. - Appeal of notice of violation,
A notice of violation issued pursuant to this section constitutes a determination from which
administrative appeal may be taken to the town council. A statement will be issued that the town's
determination of violation may be appealed to the town council by filing a written notice of appeal within
15 days of service of notice of violation. The decision of the town or designee shall be final.
(Ord. of 8-13-2002, § 16.0)
Sec. 18-717. - Enforcement measures after appeal.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation,
or, in the event of an appeal within 15 days of the decision of the town upholding the violation,
representatives of the town may enter upon the subject property to take any and all measures
necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner,
or agent in possession of any premises to refuse to allow the town or their designated contractor to
enter upon the premises for the purposes set forth above.
(Ord. of 8-13-2002, § 17.0)
Sec. 18-718. - Injunctive relief.
11011 It shall be unlawful for any person to violate any provisions or fail to comply with any of the
requirements of this article. If a person has violated or continues to violate the provisions of this article,
the town may petition for a preliminary or permanent injunction restraining the person from activities
which would create further violations or compelling the person to perform abatement or remediation of
the violation.
(Ord. of 8-13-2002, § 18.0)
Sec. 18-719. - Alternative compensatory action.
In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the town may
impose alternative compensatory action upon a violator. Alternative compensatory action will be
established in equitable measures and may include items such as:
(1) Community service.
(2) Attendance at compliance workshops.
(3) Beach cleanup.
(4) public education efforts.
(Ord. of 8-13-2002, § 19.0)
Sec. 18-720. - Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to
Oak Island, North Carolina, Code of Ordinances
Page 14 of 15

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE VI. - ILLICIT STORMWATER DISCHARGE
Oexist in violation of any of the provisions of this article is a threat to public health, safety, and welfare,
and is declared and deemed a nuisance, may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may
be taken.
s
(Ord. of 8-13-2002, § 20.0)
Sec. 18-721. - Criminal prosecution.
Any person that has violated or continues to violate this article shall be liable to criminal prosecution to
the fullest extent of the law, and shall be subject to a criminal penalty cost, per each day of violation,
and/or imprisonment for a period of time not to exceed statutory limits.
The town may recover all attorney's fees, court costs, and other expenses associated with enforcement
of this article, including sampling and monitoring expenses.
(Ord. of 8-13-2002, § 21.0)
Sec. 18-722. - Remedies not exclusive.
The remedies listed in this article are not exclusive of any other remedies available under any
applicable federal, state, or local law and it is within the discretion of the town to seek cumulative
remedies.
(Ord. of 8-13-2002, § 22.0)
Secs. 18-723-18-733. - Reserved.
Oak Island, North Carolina, Code of Ordinances
Page 15 of 15

'Town of Oak Island
Stormwater Management Guidelines for One and Two Family Residences
•
General Requirements
These guidelines are intended to simplify and expedite the review and approval of stormwater
management applications and are not necessarily all-inclusive. The Mown reserves the option
to require submittal of a stormwater management application prepared by a licensed engineer
For any land use project.
An application must be submitted to Conurlurllty Development Services that describes how the
stormwater runoff will be controlled and managed to meet Town requirements. If the
Stormwater Administrator finds that the application complies with the standards of the Town
ordinance, the application will be approved. Additional conditions may be included as part of
the approval.
The application must include a completed Stormwater Management Worksheet (Appendix L)
and a site plan or survey of the property showing the proposed stormwater management plan,
including,
I . Size and location of any building or other structures
2. Sire and location of all driveways and walkways
3. Location ofseptic tank and drain field, ifapplicable
4. Location and dimensions of drywells or drip line trenches (or alternative stormwater
management system)
5. Show location of sediment fence. SEDIMENT MUST BE Rl?TAINED ON SITE
6. Other site specific features if required by Town of Oak Island — Community Development
Services
• If the project meets or exceeds any of the three (3) conditions listed below, the stormwaler
management system must be stamped, signed, and dated by a licensed professional engineer or
surveyor.
l . Impervious surface area of'30% or greater
(See Stormwater Mana cement Worksheet, Appendix E)
2. Addition of 6" or more of uncompressed fill material
3. Grading resulting in a slope of 5% (6" of fail over a 10' horizontal distance or greater)
If the project does not exceed any of the above listed conditions and is located in an area that is
not governed by a State issued stormwater permit, the owner, contractor, or authorized agent
may prepare the stormwater management application using the standard method outlined
below or another method that complies with State and local requirements. Projects located in an
area governed by a state issued stormwater permit must comply with those requirements.
The stormwater management application must be approved before any work begins.
•

The Standard Method
• The standard method requires routing roof runoff from ail structures into infiltration devices
(e.g., downspout drywells or drip line trenches) and installation of a driveway channel with
drywells. Drywells and drip line trenches are small, excavated pits, filled with stone or gravel
that temporarily stores stormwater runoff until it infiltrates (soaks) into the surrounding soil.
These devices lielp protect our tidal creeks and estuaries by infiltrating the stormwater runoff
on land thereby decreasing pollution and lessening flooding impacts.
• Raised Slab Homes, Slab on Grade homes, Crawl space homes, and filing homes with
habitable enclosures under must have gutters with downspouts routed into appropriately sized
pits as described in Appendix 13. When gutter downspouts are routed into drywells or other
stormwater management device, a bypass should be installed oil the downspout. The bypass
will allow water to escape in the event rainfall in excess of the design criteria is experienced
preventing overflow water from backing up into downspouts.
• filing homes with no enclosures may utilize a continuous drip line infiltration trench under all
eves as described in Appendix F.
• Size of drywells: All infiltration devices must comply with 'Town approved sizing and design
guidelines.
• Sediment must be retained on site.
• The following site conditions must be met in order for infiltration devices to be installed.
1. A site on the property must be available for the drywells and/or drip -line trenches with
required setbacks from structure foundations, water wells or septic drain fields.
Minimum horizontal setbacks from a septic system are as follows: upslope 10 feet, side
slope 15 feet, down slope 25 feet. Minimum setback from foundations is 5 feel.
• 2. Soils must be sufficiently permeable.
3. Water table depth allows for construction of drywells. if the seasonal water table is
within 12" of the bottom of the bottom of the excavation, alternative stormwater control
devices are recommended. Contact the Stormwater Administrator (910.201.8008) for
more information.
• If site conditions such as slope, soil type, high ground water levels exist that prevent any of the
above conditions from being met or an alternative method of stormwater management is
desired, the stormwater management application must describe the method to be used.
• All infiltration devices (e.g., downspout drywell, drip line trenches, driveway drywells, etc.)
must be filled with clean AASI-ITO #57 Stone (or equivalent washed drain rock -- 0.75-3.0
inches in diameter).
• To extend the useful life of the system, filter fabric must line sides and top of. the infiltration
device to prevent fine soils from migrating into the drain rock.
• Infiltration systems should be equipped with cleanout sumps or downspout screens to collect
leaves, needles, roof grit and other debris or leaf guards should be installed on gutters to
prevent leaves and other plant material from entering downspouts and clogging the dry well.
• Infiltration devices connected to downspouts must have a four (4) or six (f) inch perforated
pipe, placed in the upper portion of the rock fill and extending the length of the trench. Any
number of drywells/trenches may be used, provided the volume of voids in each drywell is
adequate to receive the rain runoff from that portion of roof.area being routed to it.
• Community Development Services must inspect all infiltration devices prior to certifying; the
• structure for occupancy. Do not backfill over any underground installation until it has been
inspected.
• The applicant/homeowner shall maintain in good condition all stormwater practices constructed
in accordance with the stormwater ordinance.

APPENDIX E
STORMWATER MANAGEMENT WORKSHEET
Single -Family or Duplex Residences
Impervious Surface
New Existing
Structures (all roof area) sq/ft Structures (all roof area) sq/ft
Driveway, sidewalks and patios sq/ft Driveway, sidewalks and patios sq/ft
Other sq/ft Other sq/ft
Total New sq/ft Total Existing sq/ft
Total Impervious Surface (New + Existing) sq/ft
Total Lot/Parcel Area sglft
Divide the total impervious surface above by the size of the lot/parcel and convert to a percentage: _% *
*If the project has impervious surface area of 30% or greater a licensed professional engineer or surveyor must
sign, date, and stamp the stormwater mtuiagement plan.
The Standard Method
For projects with less than 30% impervious surface, the sizing and construction standards are as follows:
Install a slotted channel drain (or asphalt/concrete swale or berm) with drywell(s) (minimum total excavated
volume of 22 cubic feet filled with #57 stone, or equivalent) within two feet of property line (not in public right
of way) in driveway and infiltration drywells connected to downspouts (or optional infiltration trenches along
entire drip line if piling home) with a minimurn total excavated volume of 108 cubic feet filled with #57 stone,
or equivalent (the required total volume is equivalent to the current standard of (4) 300 drywells). The
individual drywells at each downspout must be sized according to the roof area being routed to it and
constructed using filter fabric on top and sides. The dimensions of the drywells may vary based on site
conditions including shallow depth with longer width and/or length to provide separation from the seasonal high
water table.
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APPLICANT SIGNATURE
By signing the Stormwater Management Worksheet (Appendix E), 1 as the applicant/owner attest that the
information provided herein is true and correct to the best of my knowledge. I also certify that this application
is being made with the full knowledge and consent of all owners of the affected property.
(LANDOWNEIZ OR AUTHORIZED REPRESENTATIVE SIGNATURE)
(DATE)

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
40 DIVISION 6. - DEFINITIONS
ARTICLE V. - STORMWATER MANAGEMENT (31]
t311 Editor's note Ord. of Mar. 10, 2009, deleted the former Art. V, §§ 18-651-18-662, and enacted a new Art.
V as set out herein. The former Art. V pertained to stormwater management and derived from Ord. of 6-12-2001,
ch. 4, §§ 1.0-12.0; Amend. of 7-12-2005; Amend, of 2-14-2006(1); Ord. of 11-13-2006.
DIVISION 1. - GENERAL PROVISIONS
DIVISION 2. - ADMINISTRATION AND PROCEDURES
DIVISION 3. - STANDARDS
DIVISION 4. - MAINTENANCE
DIVISION 5. - ENFORCEMENT AND VIOLATIONS
DIVISION 6. - DEFINITIONS
DIVISION 1. - GENERAL PROVISIONS
Sec.
18-651
- Titfe.
Sec.
18-652.
- Authority.
Sec.
18-653.
- Findings.
Sec.
18-654.
- Purpose.
Sec.
18-655.
- Applicability and iurisdictlon.
Sec.
18-656. - Interpretation.
Sec. 18-657. - Design manual.
Sec. 18-658. - Relationship to other laws, requiations and private agreements.
Sec.
18-659.
- Severability.
Sec, 18-660.
- Effective date and transitional provisions
Sec. 18-651. - Title.
This article shall be officially known as "The Phase ll Stormwater Ordinance." It is referred to herein as
"this article."
(Ord. of 3-10-2009)
Sec. 18-652. - Authority.
The Town of Oak Island is authorized to adopt this article pursuant to North Carolina law, including but
not limited to article 14, section 5 of the Constitution of North Carolina; the charter of the Town of Oak
Island; G.S. 143-214.7 and rules promulgated by the environmental management commission there
under; Session Law 2004.163; ch. 160A, §§ 174, 185.. Session Law 2007- S.B. 1967.
• (Ord. of 3-10-2009)
Oak Island, North Carolina, Code of Ordinances
Page 1 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V, - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
Sec. 18-653. -Findings.
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point
source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology that are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned controls to
manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal Phase II
Stormwater Rules promulgated under it, as well as rules of the state environmental management
commission promulgated in response to federal phase II requirements, compel certain urbanized areas,
including this jurisdiction, to adopt minimum stormwater controls such as those included in this article.
Therefore, the Town of Oak Island establishes this set of water quality and quantity regulations to meet
the requirements of the state and federal law regarding control of stormwater runoff and discharge.
(Ord. of 3-10-2009)
Sec. 18-654. - Purpose.
(a) General. The purpose of this article is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to control the
adverse effects of increased post -development stormwater runoff and nonpoint and point source
pollution associated with new development and redevelopment. It has been determined that proper
management of construction -related and post -development stormwater runoff will minimize damage to
public and private property and infrastructure; safeguard the public health, safety, and general welfare;
and protect water and aquatic resources.
(b) Specific. This article seeks to meet its general purpose through the following specific objectives
and means:
(1) Establishing decision -making processes for development that protects the integrity of
watersheds and preserve the health of water resources;
(2) Requiring that new development and redevelopment maintain the predevelopment hydrologic
response in their post -development state as nearly as practicable for the applicable design storm
to reduce flooding and erosion, nonpoint and point source pollution and increases in stream or
tidal creek temperature, and to maintain the integrity of stream channels, aquatic habitats and
estuaries;
(3) Establishing minimum post -development stormwater management standards and design
criteria for the regulation and control of stormwater runoff quantity and quality;
(4) Establishing design and review criteria for the construction, function, and use of structural
stormwater BMPs that may be used to meet the minimum post -development stormwater
Oak Island, North Carolina, Code of Ordinances
Page 2 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. -DEFINITIONS
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 green space, riparian buffers and
other conservation areas to the maximum extent practicable;
(6) Establishing provisions for the long-term responsibility for and maintenance of structural and
nonstructural stormwater BMPs to ensure that they continue to function as designed, are
maintained appropriately, and pose no threat to public safety;
(7) Establishing administrative procedures for the submission, review, approval and disapproval
of stormwater management plans, for the inspection of approved projects, and to assure
appropriate long-term maintenance.
(Ord. of 3-10-2009)
Sec. 18-655. - Applicability and jurisdiction.
(a) General. Beginning with and subsequent to its effective date, this article 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.
(b) Exemptions. Development and redevelopment of single-family or duplex residences that will add
10,000 square feet or less of built upon area are exempt from the provisions of this article except all
such development must provide appropriate control systems that are any combination of infiltration
systems, bioretention systems, constructed stormwater wetlands, sand filters, cisterns, rain gardens, or
alternative low impact development stormwater management systems designed in accordance with
15A NCAC 02H.1008 and any locally required design criteria to control and treat the runoff from all
surfaces generated by one and one-half inches of rainfall or less from all impervious surfaces on site.
An application must be submitted to community development services for such development or
redevelopment which describes in detail how stormwater runoff will be controlled and managed, the
design of the stormwater facilities and practices, and how the proposed project will meet the
requirements of this article. A qualified state -registered professional engineer or surveyor must design
projects with impervious surfaces exceeding 30 percent of the lot area. 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. If the stormwater administrator finds that the application complies
with the standards of this article, the stormwater administrator shall approve the application. 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.
Development and redevelopment of single-family or duplex residences that will add less than 10,000
square feet of built upon area are not exempt if such activities are part of a larger common plan of
development or sale, even though multiple, separate or distinct activities take place at different times on
different schedules.
Activities that are exempt from permit requirements of section 404 of the federal Clean Water Act as
specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the
provisions of this article.
(c) 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.
Oak Island, North Carolina, Code of Ordinances
Page 3 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
No development shall occur except in compliance with the provisions, conditions, and limitations of this
article.
(d) Map. The provisions of this article shall apply within the areas designated on the map titled "Phase
II Stormwater Map of the Town of Oak Island, North Carolina" ("the stormwater map"), which is adopted
simultaneously herewith. The stormwater map and all explanatory matter contained thereon
accompanies and is hereby made a part of this article.
The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take
into account changes in the land area covered by this article and the geographic location of all
structural BMPs permitted under this article. In the event of a dispute, the applicability of this article to a
particular area of land or BMP shall be determined by reference to the state statutes, the state
administrative code, and local zoning and jurisdictional boundary ordinances.
(Ord. of 3-10-2009)
Sec. 18-656. - 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 18-654. If a different or
more specific meaning is given for a term defined elsewhere in the this 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
oarticle and any heading, caption, figure, illustration, table, or map, the text shall control.
(c) Authority for interpretation. The stormwater administrator has authority to determine the
interpretation of this 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) 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, the deadline or required date of action shall be the next day that is not
a Saturday, Sunday or holiday observed by the town. References to days are calendar days unless
otherwise stated.
(f) Delegation of authority. Any act authorized by this article to be carried out by the stormwater
administrator of the town 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
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION B. - DEFINITIONS
interpreted as follows:
The word "and" indicates that all connected items, conditions, provisions and events apply.
The word "or" indicates that one or more of the connected items, conditions, provisions or
events apply.
(3) Tense, plurals, and gender. Words used in the present tense include the future tense. Words
used in the singular number include the plural number and the plural number includes the singular
number, unless the context of the particular usage clearly indicates otherwise. Words used in the
masculine gender include the feminine gender, and vice versa.
(h) Measurement and computation. Lot area refers to the amount of horizontal land area contained
inside the lot lines of a lot or site.
(Ord. of 3-10-2009)
Sec. 18-657. - 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 nonstructural stormwater BMPs.
The design manual includes a list of acceptable stormwater treatment practices, including specific
design criteria for each stormwater practice. Stormwater treatment practices that are designed,
constructed, and maintained in accordance with these design and sizing criteria will be presumed to
meet the minimum water quality performance standards of the phase 11 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 article but prior to approval, the new information shall control
and shall be utilized in reviewing the application and in implementing this article with regard to the
application.
(Ord. of 3-10-2009)
Sec. 18-658. - 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
Oak Island, North Carolina, Code of Ordinances
Page 5 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
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. of 3-10-2009)
Sec. 18-659. - 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, subdivision or clause of this article.
(Ord. of 3-10-2009)
Sec. 18-660. - Effective date and transitional provisions.
(a) Effective date. This article shall take effect on May 1, 2009.
(b) Final approvals, complete applications. All development and redevelopment projects for which
complete and full applications were submitted and approved by the town prior to the effective date of
this article and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of
development or redevelopment shall be exempt from complying with all provisions of this article dealing
with the control and/or management of post -construction runoff, but shall be required to comply with all
other applicable provisions.
is A phased development plan shall be deemed approved prior to the effective data of this article if it has
been approved by ail necessary government units, it remains valid, unexpired, unrevoked and not
otherwise terminated, and it shows:
(1) For the initial or first phase of development, the type and intensity of use for a specific parcel
or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has
been approved;
(2) For any subsequent phase of development, sufficient detail so that implementation of the
requirements of this 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 this article 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. of 3-10-2009)
DIVISION 2. - ADMINISTRATION AND PROCEDURES
® Sec. 18-661. - Review and decision -making entities.
Oak Island, North Carolina, Code of Ordinances
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
is
DIVISION 6. -DEFINITIONS
Sec. 18-662. -Review procedures.
Sec. 18-663. - Applications for approval.
Sec. 18-664. - Approvals.
Sec. 18-665. - Appeals.
Sec. 18-661. - Review and decision -making entities.
(a) Stormwater administrator.
(1) Designation. A stormwater administrator shall be designated by the town to administer and
enforce this article.
(2) Powers and duties. In addition to the powers and duties that may be conferred by other
provisions of this Code and other laws, the stormwater administrator shall have the following
powers and duties under this article:
a. To review and approve, approve with conditions, or disapprove applications for approval
of plans pursuant to this article;
b. To make determinations and render interpretations of this article;
c. To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the town on applications
for development or redevelopment approvals;
0 d. To enforce the provisions of this article in accordance with its enforcement provisions;
e. To maintain records, maps, forms and other official materials as relate to the adoption,
amendment, enforcement, and administration of this article;
To provide expertise and technical assistance to the town council, upon request;
g. To designate appropriate other person(s) who shall carry out the powers and duties of
the stormwater administrator;
To take any other action necessary to administer the provisions of this article.
(Ord. of 3-10-2009)
Sec. 18-662. - Review procedures.
(a) Permit required,- must apply for permit. A stormwater permit is required for all development and
redevelopment unless exempt pursuant to this article. 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 article, whether the approach consists of structural BMPs or
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
® DIVISION 6. - DEFINITIONS
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 article.
(c) Authority to file applications. All applications required pursuant to this Code shall be submitted to
community development services by the landowner or the landowner'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 article.
(2) Permit review fees. The town council shall establish permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend and update the
fees and policies from time to time.
(3) Administrative manual. For applications required under this Code, the stormwater
administrator shall compile the application requirements, submission schedule, fee schedule, a
copy of this article, 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 community development
services in the form established by the stormwater administrator, along with the appropriate fee
established pursuant to this section, if applicable.
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 is incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application.
(f) Review. Within 20 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 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. 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.
(2) Fails to comply. If the stormwater administrator finds that the application fails to comply with
the standards of this article, 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 ten working days after its resubmittal and shall be approved,
approved with conditions or disapproved.
If a revised application is not resubmitted within 30 calendar days from the date the applicant
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PART 11 - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
was notified, the application shall be considered withdrawn, and a new submittal for the same
or substantially the same project shall be required along with the appropriate fee for a new
submittal.
One resubmittal of a revised application may be submitted without payment of an additional
permit review fee. Any resubmittal after the first resubmittal shall be accompanied by a permit
review fee additional fee, as established pursuant to this article.
(Ord. of 3-10-2009)
Sec. 18-663. - 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. The town land use plan,
open space ordinance and other relevant resource protection plans should be consulted in the
discussion of the concept plan.
To accomplish this goal, the following information should be included in the concept plan, which should
be submitted in advance of the meeting:
(1) Existing conditions/proposed site plans. Existing conditions and proposed site layout sketch
plans, which illustrate at a minimum, existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available); boundaries of existing
predominant vegetation; proposed limits of clearing and grading; and location of existing and
proposed roads, buildings, parking areas and other impervious surfaces.
(2) Natural resources inventory. A written or graphic inventory of natural resources at the site
and surrounding area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features, topography,
wetlands, and native vegetative areas on the site, as well as the location and boundaries of other
natural feature protection and conservation areas such as natural heritage areas, lakes, ponds,
floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks,
etc.). Particular attention should be paid to environmentally sensitive features that provide
particular opportunities or constraints for development and stormwater management.
(3) Stormwater management system concept plan. A written or graphic concept plan of the
proposed post -development stormwater management system including: preliminary selection and
location of proposed structural stormwater controls, low -impact design elements; location of
existing and proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of floodplainlfloodway 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. The stormwater management permit application shall
detail how post -development stormwater runoff will be controlled and managed and how the proposed
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•
PART II - CODE OF ORDINANCES
Chapter 18 -LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
project will meet the requirements of this article, including division 3, standards. All such plans shall be
prepared by a qualified state -registered 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 article. A qualified state -registered professional
engineer must design all structural stormwater treatment systems for projects requiring a stormwater
management permit.
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 subsection 18-662(f).
(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.
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 design's and with the requirements of this article. Final
approval by the stormwater administrator shall occur before the release of any performance securities.
(d) Other permits. No certificate of compliance or occupancy shall be issued by the development
services department 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 development services department may elect to withhold a percentage of permits or certificates
of occupancy until as -built plans are submitted and final inspection and approval has occurred.
(Ord. of 3-10-2009)
Sec. 18-664. - 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 limibexpiration_ An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval. The stormwater administrator
may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a
written request from the applicant before the expiration of the approved plan.
In granting an extension, the stormwater administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original
permit and the change in standards would infringe the applicant's vested rights.
(Ord. of 3-10-2009)
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
is Sec. 18-665. - Appeals.
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 board of adjustment within 30 days.
(Ord. of 3-10-2009)
DIVISION 3. _ STANDARDS
Sec.
18-666.
- General standards.
Sec.
18-667.
- Development standards for low -density proiects.
Sec.
18-668.
-.Development standards for high -density protects.
Sec. 18-669. - Standards for limited residential_ development.
Sec.
18-670.
- Standards for stormwater control measures.
Sec. 18-671.
- Variances.
Sec.
18-672.
- Additional standards for special situations.
Sec. 18-666. - General standards.
All development and redevelopment projects not exempt from the provisions of this article must
consider low impact development (LID) practices to analyze the infiltration capacity and natural
drainages of the site and develop a system of controls which mimic the existing natural hydrology and
which cumulatively capture and treat the runoff from the first one and one-half inches of rainfall or for
high density projects within one-half mile of class SA waters the difference in the stormwater runoff
from all surfaces from the predevelopment and post development conditions for a one-year, 24-hour
storm, whichever is greater. LID practices may include any combination of site design techniques,
strategies, and BMPs to store, infiltrate, evaporate, retain, and detain runoff on the site to more closely
replicate predevelopment runoff thereby limiting the increase in pollutant loads caused by development.
An LID guidance manual and BMP evaluation tools are provided for guidance in the administrative
manual (see subsection 18-662(d)(3). Wherever LID practices are not achievable or have not been
demonstrated, the management measures controlling the runoff from the site shall comply with the low -
density or high -density standards, whichever apply. All new development shall have a 50-foot-wide
vegetative buffer and redevelopment activities a 30-foot-wide vegetative buffer. The width of the buffer
is measured horizontally from the normal pool elevation of impounded structures, from the bank of each
side of streams or rivers, and from the mean high waterline of tidal waters, perpendicular to the
shoreline. A perennial or intermittent surface water shall be deemed present if the feature is
approximately shown on either the most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of Agriculture (USDA) or the most
recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United
States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters
are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -specific
determination made using division -approved methodology. 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. For all development and
redevelopment, no grading, cutting or filling shall be commenced until erosion and sedimentation
control devices have been installed in order to retain sediment on the site. Erosion control devices must
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
be maintained during all phases of construction and after development. All development and
redevelopment applications shall include an erosion and sedimentation control plan.
(Ord. of 3-10-2009)
Sec. 18-667. - Development standards for low -density projects.
Low -density projects shall comply with each of the following standards:
(a) Stormwater runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable and shall not include a stormwater
collection system. Stormwater runoff from built upon areas that is directed to flow through any
wetlands shall flow into and through these wetlands at a non -erosive velocity.
(b) 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.
(Ord. of 3-10-2009)
Sec. 18-668. - Development standards for high -density projects.
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(a) The measures shall control and treat runoff from the first one and one-half inches of rainfall
or for projects within one-half mile of class SA waters the difference in the stormwater runoff from
all surfaces from the predevelopment and post development conditions for the one-year, 24-hour
storm, whichever is greater. Runoff volume drawdown time shall be a minimum of 48 hours, but
not more than 120 hours.
(b) All structural stormwater treatment systems used to meet these requirements shall be
designed to have a minimum of 85 percent average annual removal for total suspended solids
(TSS);
(c) General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H
.1008(c), as explained in the design manual;
(d) Discharge the storage volume at a rate equal to or less than the predevelopment discharge
rate for the one-year, 24-hour storm.
(e) 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.
(Ord. of 3-10-2009)
Sec. 18-669. - Standards for limited residential development.
. Residential development activities that:
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4D
s
•
PART Il - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
(1) Disturb less than one acre of land;
(2) Are located within one-half mile of and draining to shellfishing waters;
(3) Have a built upon area greater than 12 percent; and
(4) Will add more than 10,000 square feet of built upon area, must obtain a one-time
nonrenewable stormwater management permit. Stormwater runoff generated by 1.5 inches of
rainfall shall be managed using any one of the following:
Install cisterns to collect rooftop runoff and permeable pavement;
b. Install rain garden for rooftop runoff and permeable pavement, or
C. Install any other type of stormwater BMP (e.g., infiltration in sandy soils) to control and
treat runoff.
(Ord. of 3-10-2009)
Sec. 18-670. - Standards for stormwater control measures.
(a) Evaluation according to contents of design
stormwater treatment practices required under thl
administrator according to the policies, criteria, and
standards and the specific design criteria for each
stormwater administrator shall determine whether
requirements of this article.
manual. All stormwater control measures and
s article shall be evaluated by the stormwater
information, including technical specifications and
stormwater practice, in the design manual. The
proposed BMPs will be adequate to meet the
(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 article. 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 article. The stormwater administrator may require the applicant
to provide the documentation, calculations, and examples necessary for the stormwater administrator to
determine whether such an affirmative showing is made.
(c) Separation from seasonal high water table. For BMPs that require a separation from the seasonal
high-water table, a minimum separation of two feet is required. No minimum separation from the
seasonal high-water table is required for a secondary BMP that is used in a series with another BMP.
(Ord. of 3-10-2009)
Sec. 18-671. - Variances.
(a) Any person may petition the board of adjustment for a variance granting permission to use the
person's land in a manner otherwise prohibited by this article. The board of adjustment shall use those
procedures and criteria outlined in section 18-334 in determining if a variance is to be granted.
(b) The board of adjustment may impose reasonable and appropriate conditions and safeguards upon
any variance it grants as will ensure that adverse impacts on adjacent properties will be negated or
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
Ominimized and the public health, safety, and welfare will be maintained.
(c) Statutory exceptions. Notwithstanding subsection (a), exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective covenants
requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing, bridge,
airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to
minimize disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality
to the maximum extent practicable through the use of BMPs;
(2) When there is a lack of practical alternatives for a stormwater management facility; a
stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas
construction and maintenance corridor, as long as it is located 15 feet landward of ail 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;
(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.
is (Ord. of 3-10-2009)
Sec. 18-672. - Additional standards for special situations.
is
SA 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 SA waters shall design and
implement the best stormwater practices that ensure reduction of fecal coliform loading. The best
practices are ones that result in the highest degree of fecal die -off and control sources of fecal coliform
to the maximum extent practicable while still meeting the other requirements of this article. Wet
detention ponds designed in accordance with the requirements of this article may be used for projects
draining to class SA waters. No new direct points of stormwater discharge to SA waters or increases in
the volume of stormwater flow through conveyances or increases in capacity of conveyances in existing
stormwater conveyance systems that drain to class SA waters are permitted. Any modification or
redesign of a stormwater conveyance system within the contributing drainage basin must not increase
the net amount or rate of stormwater discharge through existing outfalls to class SA waters. Diffuse flow
of stormwater at a nonerosive velocity to a vegetated buffer or other natural area capable of providing
effective infiltration of the runoff from the one-year, 24-hour storm shall not be considered a direct point
of stormwater discharge. Consideration shall be given to soil type, slope, vegetation, and existing
hydrology when evaluating infiltration effectiveness.
(Ord. of 3-10-2009)
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
0 DIVISION 4. - MAINTENANCE
Sec. 18-673. - General standards for maintenance.
Sec. 18-674. - Operation and maintenance agreement.
Sec. 18-675. - Inspection program.
Sec. 18-676. - Performance security for installation and maintenance.
Sec. 18-677. - Notice to owners.
Sec. 18-678. - Records of installation and maintenance activities.
Sec. 18-679. - Nuisance.
Sec. 18-673. - 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) Annual maintenance inspection and report. 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
competence: a qualified state -registered 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-
(1) The name and address of the landowner;
(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 article; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection
report shall be provided to the stormwater administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of the as -built certification.
(Ord. of 3-10-2009)
Sec. 18-674. - 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 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 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.
0 The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
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.
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) Establishment of an escrow account, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of the structural
BMPs. If structural BMPs are not performing adequately or as intended or are not properly
maintained, the town, in its sole discretion, may remedy the situation, and in such instances the
town 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 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 15 percent of the initial construction cost of
the structural BMPs. Two-thirds of the total amount of sinking fund budget shall be deposited into
the escrow account within the first five years and the full amount shall be deposited within ten
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 depending on the design and materials of the stormwater control and
management facility;
(5) Granting to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct
structural BMPs;
(6) 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
10 action against the association and its members to pay, or foreclose upon the lien hereby
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PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
authorized by the agreement against the property, or both. Interest, collection costs, and attorney
fees shall be added to the recovery;
(7) A statement that this agreement shall not obligate the town 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;
(8) 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
(9) 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.
(Ord. of 3-10-2009)
Sec. 18-675. - Inspection program.
Inspections and inspection programs by the town 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.
iIf 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.
(Ord. of 3-10-2009)
Sec. 18-676. - Performance security for installation and maintenance_
(a) May be required. The town may, at its discretion, require the submittal of a performance security
or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to
issuance of a permit in order to ensure that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management plan;
and/or
(2) Maintained by the owner as required by the operation and maintenance agreement.
(b) Amount.
(1) Installation. The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25 percent.
(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
Oak Island, North Carolina, Code of Ordinances
Page 17 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
• 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 article, approvals 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 and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or operation and
maintenance agreement, the stormwater administrator shall obtain and use all or any portion of
the security to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of installation performance
security, the town shall not return any of the unused deposited cash funds or other security, which
shall be retained for maintenance.
(3) Costs in excess of performance security. If 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
e 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 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.
(Ord. of 3-10-2009)
Sec. 18-677. - Notice to owners.
(a) Deed recordation and indications on plat. The applicable operations and maintenance agreement,
pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the
county register of deeds upon final plat approval. If no subdivision plat is recorded for the site, then the
operations and maintenance agreement shall be recorded with the county register of deeds so as to
appear in the chain of title of all subsequent purchasers under generally accepted searching principles.
(b) Signage. Where appropriate in the determination of the stormwater administrator to assure
compliance with this 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.
(Ord. of 3-10-2009)
Sec. 18-678. - Records of installation and maintenance activities.
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at
least five years from the date of creation of the record and shall submit the same upon reasonable
Oak Island, North Carolina, Code of Ordinances
Page 18 of 23

PART 11 - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
rrequest to the stormwater administrator.
(Ord. of 3-10-2009)
Sec. 18-679. - Nuisance.
The owner of each stormwater BMP, whether structural or nonstructural BMP, shall maintain it so as
not to create or result in a nuisance condition.
(Ord. of 3-10-2009)
DIVISION 5. - ENFORCEMENT AND VIOLATIONS
Sec. 18-680. - General.
Sec. 18-681. - Remedies and penalties.
Sec. 18-682. - Procedures.
Sec. 18-680. - General.
(a) Authority to enforce. The provisions of this article shall be enforced by the stormwater
administrator, his or her designee, or any authorized agent of the town. Whenever this section refers to
the stormwater administrator, it includes his or her designee as well as any authorized agent of the
town.
(b) Violation unlawful. Any failure to comply with an 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) 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 article 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 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.
For the purposes of this article, responsible person(s) shall include but not be limited to:
(1) Person maintaining condition resulting in or constituting violation. An architect, engineer,
builder, contractor, developer, agency, or any other person who participates in, assists, directs,
creates, causes, or maintains a condition that constitutes a violation of this article, or fails to take
Oak Island, North Carolina, Code of Ordinances
Page 19 of 23

PART II - CODE OF ORDINANCES
Chapter 18 - LAND USE DEVELOPMENT
ARTICLE V. - STORMWATER MANAGEMENT
DIVISION 6. - DEFINITIONS
Owith a density greater than the overall project density, may be considered low density as long as the
project meets or exceeds the requirements for low density development and locates the higher density
in upland areas and away from surface waters and drainageways to the maximum extent practicable.
•
One-year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an intensity expected to
be equaled or exceeded, on average, once in 12 months and with a duration of 24 hours.
Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or
entity holding proprietary rights in the property or having legal power of management and control of the
property. "Owner" shall include long-term commercial tenants; management entities, such as those
charged with or engaged in the management of properties for profit; and every person or entity having
joint ownership of the property. A secured lender not in possession of the property does not constitute
an owner, unless the secured lender is included within the meaning of "owner" under another
description in this definition, such as a management entity.
Redevelopment. Any development on previously -developed land, other than a rebuilding activity that
results in no net increase in built -upon area and provides equal or greater stormwater control than the
previous development.
Structural BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater
runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics, to
approximate the predevelopment hydrology on a developed site; or to achieve any combination of
these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative
practices, filter strips, grassed swales, and other methods installed or created on real property.
"Structural BMP' is synonymous with "structural practice," "stormwater control facility," "stormwater
control practice," "stormwater treatment practice," "stormwater management practice," "stormwater
control measures," "structural stormwater treatment systems," and similar terms used in this 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:
Obtaining a grading permit and conducting grading activity on a continuous basis and not
discontinued for more than 30 days; or
Installation and approval of onsite 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.
(Ord. of 3-10-2009)
Secs. 18-684-18-700. - Reserved.
Oak Island, North Carolina, Code of Ordinances
Page 23 of 23

Appendix D: Town of Oak Island Administrative Manual for
the Phase II Post -Construction Ordinance
•
0 54

0
Town of Oak Island
Y -ti O W N OF
1SL4 d
CAR
C /'1k1410:1) Jt)lY t, tq'
Administrative Manual
Phase 1.1 Post -Construction Ordinance

L.]
s
TABLE OF CONTENTS
I . Purpose of Manual
2. Impacts of Stormwater on Water Quality
3. Stormwater Administrator
4. Process for Amending the Administrative Manual
5. Location of Post -Construction Stormwater Ordinance
6. Purpose and Location of Design Manual
7. Concept Plan and Consultative Meeting
8. Stormwater Management Permit Application Submission and Review
9. Stormwater Management/BMP Facilities Agreement (O&M Agreement)
10. Annual Maintenance and Inspection Report
11. Fee Schedule
12. LID Guidance Manual
13. Final Plat Recordation
14. I'eribrinance and Maintenance Bonds
15. As -Built Plans
16. Stormwater Management Plan Requirements for Single-Family/Duplex Development and
Redevelopment exempt from permit requirements of Post -Construction Stormwater
Ordinance.
Appendices:
1. Stormwater Management Permit Application Form
2. Stormwater Management/13MP Facilities Agreement
3. Stormwater BM13 Annual Maintenance Inspection Report

•
1. Purpose of Manual
The purpose of this Administrative Manual is to provide guidance to the general
public for the effective and efficient implementation and administration ofthe
Phase 11 Stormwatcr Ordinance (referred to as the Stornnvater Ordinance). The
Administrative Manual includes application requirements and forms, maintenance
agreements, criteria for recordation of documents, inspection reports,
requirements for submittal of bonds. Copies may be viewed at Community
Development Services or by contacting Public Works — Stormwater Director at
910.201, 9008.
2. Impacts of Stormwater on Water Quality
Stormwater runoff from developed areas is a source of water pollution and water
quality degradation. Development and redevelopment alter the hydrologic
response ofthe lown's watersheds and increase stormwater runollrates and
volumes, flooding, soil erosion, stream channel erosion, nonpoint source
pollution, and sediment transport and deposition, as well as reducing groundwater
recharge.
• These changes in stormwater runo fT contribute to increased quantities of
Pollutants and alterations in hydrology that are harmful to public health and safety
as well as to the natural environment. These efTects can be managed and
minimized by applying proper design and we] l-planned-contro Is to manage
stormwater runoff.
3. Stormwater Administrator
The employee responsible for administering and enforcing the Stormwater
Ordinance is called the Stormwater Administrator. The duties ofthe Stormwater
Administrator are specified in the Stormwater Ordinance. The contact
information for the Stormwater Administrator is:
Town of'Oak Island
Stormwater Administrator
4601 E. Oak Island Dr.
Oak Island, NC 28465
"Telephone: 910.201,9008
Fax: [phone]
•

4. Process for Amending the Administrative Manual
The Administrative Manual may be periodically updated and expanded based on
procedural or policy changes. The Stormwater Administrator is responsible for
all modifications and amendments to the Administrative Manual. All substantive,
policy related changes to the Manual require Town Manager or ]own Council
approval.
5. Location of Post -Construction Stormwater Ordinance
The Stormwater Ordinance for the `town of Oak Island is available from the
following locations:
1. ht11iccxle.tnfti/resources/!�itcwLiv.nsisp?;)id=13 416&_-sid=33
1. Requesting a copy from the Stormwater Administrator 910,201.8009.
6. Purpose and Location of Design Manual
The purpose ofthe Design Manual is to provide policy, criteria, and inlormation,
including technical specifications and standards, for compliance with the
Stormwater Ordinance. The Town of Oak Island Design Manual relcrs to the
most current version of the North Carolina Stormwater Best Management
Practices (BMP) Manual developed by the N.C. Department of Environment and
Natural Resources. A copy of the Design Manual can be found at:
17ttpall�2�.cnr.sttitG.t7c.iislsulhi��q lirrms.htni
7. Concept Plan and Consultative 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 early
in the development process. The purpose ofthe consultative meeting, is to discuss
stormwater 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. The
recommended content ofthe concept plan is outlined in the Stormwater
Ordinance and should be submitted in advance ofthe meeting.

8. Stormwater Management Permit Application Submission and Review
A stormwater permit is required for all development and redevelopment
unless exempt as defined by the Stormwater Ordinance (e.g., single-family
or duplex residences that will add 10,000 square feet or less of built upon
area).
All applications shall be submitted to Community Development Services
by the landowner or the landowners duly authorized agent. An
application shall be considered as timely submitted only when it contains
all elements of complete application in accordance with the Stormwater
Ordinance. If the Stormwater Administrator finds that an applicat ion is
incomplete, the applicant shall be notified of the deficient elements and
shall be provided with an opportunity to submit a complete application.
Within twenty (20) working days after a complete application is
submitted, the Stormwater Administrator shall review the application and
determine whether the application complies with the standards. 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. I f 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. A complete revised
application shall be reviewed by the Stormwater Administrator within ten
(10) working days after its re -submittal and shall be approved, approved
with conditions or disapproved. If a revised application is not re-
submitted within thirty (30) calendar days from the date the applicant was
notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required
along with the appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without
payment ofan additional permit review fee. Any re -submittal after the first
re -submittal shall be accompanied by a permit review fee additional fee, as
established pursuant to this ordinance.
The stormwater management permit application shall detail how post -
development stormwater runoff will be controlled and managed and how
the proposed project will meet the requirements of this ordinance,
including Section 3, Standards. All such plans shall be prepared by a
qualified registered North Carolina prolessional 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. A
qualified registered North Carolina professional engineer must design all
structural stormwater treatment systems for projects requiring a
stormwater management permit.
The submittal shall include all of the information listed in the Submittal
Requirements (Section VI) of the Stormwater Management Permit
Application Dorm.
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.
An approved plan shall become null and void if the applicant fails to make
substantial progress on the site within one year after the date of approval.
The Stormwater Administrator may grant a single, one-year extension of
this time limit, for good cause shown, upon receiving a written request
from the applicant before the expiration of the approved plan. In granting
an extension, the Stormwater Administrator may require compliance with
standards adopted since the original application was submitted unless
there has been substantial reliance on the original permit and the change in
standards would infringe the applicant's vested rights.
Any aggrieved person affected by any decision, order, requirement, or
• determination relating to the interpretation or application of this program
made by the Stormwater Administrator, may file an appeal to the board of
adjustment within 30 days.
9. Stormwater Management/BMP Facilities Agreement (O&M Agreement)
Prior to the conveyance or transfer of any lot or building site to be served
by a structural BMP pursuant to the Stormwater Ordinance, and prior to
issuance of any permit for development or redevelopment requiring a
structural BMP, the applicant or owner of the site must execute a
Stormwater Management/BMP facilities Agreement that shall be binding
on all subsequent owners ofthe 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 above agreement.
The 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 Brunswick County Register of Deeds upon final plat
approval. A copy of the recorded agreement shall be given to the
Stormwater Administrator within fourteen (14) days following its
recordation. The approved form, Stormwater Management/13MP Facilities
Agreement, is located in Appendix 2.
0

0 10. Annual Maintenance and Inspection Reports
The person responsible for maintenance of any structural BMP installed shall
submit to the Stormwater Administrator an inspection report from one of the
following persons performing services only in their area of competence: a
qualified registered North Carolina professional engineer, surveyor, landscape
architect, soil scientist, aquatic biologist, or person certified by the North Carolina
Cooperative Extension Service for stormwater treatment practice inspection and
maintenance. All inspection reports shall be on forms supplied by the Stormwater
Administrator. An original inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built certification and each
year thereafter on or before the date ofthe as -built certification. The required
annual inspection report forms are located in Appendix 3.
11. Fee Schedule
1,131)
12. LID Guidance Manual
The Phase II Stormwater Ordinance encourages developers to consider Low
Impact Development (LID) practices in order to mimic the existing natural
hydrology of development sites and improve the capture and treatment of runoff.
Brunswick County stafl'worked with the City of Wilmington, New Hanover
County, and the North Carolina Coastal Federation to develop a Low Impact
Development (LID) Guidance Manual to encourage the use of innovative
stormwater management techniques. A copy of this manual and an LID
spreadsheet -modeling tool to aid engineers, planners, and developers with design
and permitting of LID projects may be found at:
httha/ww��.hr►inswickcuuntvnc.'ovll)cp.rrtmcntti/I n�inccrin,"'/5torm Wilt er/tirbid/
l�DctiTalt-.as]?�
or by contacting the Stormwater Administrator at [phone].
13. Final Plat Recordation
Enibrceable restrictions on property usage are required to run with the land to
ensure that future development and redevelopment maintains the site in
compliance with the Stormwater Ordinance. This is achieved through specific
notations on final plats as described below, which shall be reviewed and approved
by the Stormwater Administrator prior to recordation. To the extent that a lot is
subject to these restrictions, those restrictions that show up on the recorded final
plat shall be picked up by the surveyor and shown on the survey for the lots given
to the purchasers at the time ofelosing. In this way, the property owner shall be
0

made aware of the restrictions and shall maintain the site in compliance with the
Stormwater Ordinance. The following shall appear on all plats:
Location of all designated "Undisturbed Open Space Areas".
The location and name of major streams and buffer boundaries
including the delineation of each buffer zone and the top of the
stream bank (field located). The streamside zone shall be labeled
as "UNDISTURBED".
The location of all structural BMPs. The maximum 13UA draining
to each BMP must be shown along with the elevation for the high
water mark and any vegetation, tree save areas, open space or site
conditions that contribute to the pro -ject. The following language
shall be recorded for all structural BMPs: "the purpose of the BMP
is to treat/reduce the pollutants associated with stormwater runolf,
in order to minimize negative effects to downstream receiving
waters. The easement around the BMP is to allow stormwater
conveyance and system maintenance. The removal ofplants or
disturbance of the BMP structure or otherwise affecting the overall
functionality of the 13MP for reasons other than maintenance is
strictly prohibited".
The following language shall appear on the final plat regarding
BMP maintenance: "This property contains water quality features
that must be maintained according to the Stormwater
Management/BMP Facilities Agreement recorded in Deed Book
and Page "
Dimensions of the BMP area and all maintenance easements with
the corresponding BMP identification name/number.
A Bond may be required for each BMP indicated on the plat.
14. Performance and Maintenance Bonds
The Town may, at its discretion, require the submittal of 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 installed properly and/or maintained by the owner arc required by the
Stormwater Management/BMP Facilities Agreement.
15. As -Built Plans
Upon completion ofa pro.ject, and before a certificate of occupancy is granted, the
applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual "as -
built" plans for all stormwater management facilities or practices after final
construction is completed. The Stormwater Administrator may request digital
copies of any "as -built" plans.

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
the Stormwater Ordinance. Final approval by the Stormwater Administrator shall
occur before the release ofany performance securities.
16. Stormwater Management flan Requirements for Single-Family/Duplex
Development and Redevelopment exempt from the Post -Construction
Stormwater Ordinance
All development and redevelopment of single-family or duplex residences that
will add 10,000 square feet or less of built upon area are exempt from obtaining
an individual stormwater perniit except all such development must provide
appropriate control systems that are any combination of infiltration systems,
hioretention systems or other system designed in accordance with State Standards.
The systems must control and treat the runoff.from all surlaces generated by one
and one-half inches of rainfall or less (Stormwater Management Ordinance for
Oak Island, North Carolina Sec. f 8-655) from all impervious surfaces on site. All
application must be submitted to Community Development Services that
describes in detail how the stormwater runotrwill be controlled and managed to
meet this requirement. If the Stormwater Administrator finds that the application
complies with the standards of the Town ordinance, the Stormwater Administrator
will approve the application. The Stormwater Administrator may impose
conditions of'approval as needed to ensure compliance with the Town stormwater
ordinance. The conditions will be included as part of the approval. The purpose of
these guidelines is to prevent flooding and the degradation of water quality related
to stormwater runofl'and soil erosion. The application must include a completed
Stormwater Management Worksheet (Appendix E) and a site plan of -the property
showing details of the proposed stormwater management device(s).
I . Size and location of any building or other structures
2. Location of'septic tank and drain field if applicable
3. Show proposed infiltration system (or alternative stormwater management
system) including the location, size, and volume of storage provided. Draw
arrows showing which impervious surfaces (including roof areas) will be
routed into each infiltration device.
4. Show location of erosion and sedimentation control devices
5. Other site specific features if required by Town of Oak Island — CoiYrnuinity
Development Services
The stormwater management application must be approved before any work
begins.

If the project meets or exceeds any of the three (3) conditions listed below, the
stormwater management system must be stamped, signed, and dated by a licensed
professional engineer or surveyor.
l . 13UA of 30% or greater
(See Appendix I-L, Stormwater Management Worksheet)
2. Addition of -six (6) inches or more of uncompressed fill rnatcrial
3. Grading resulting in a slope of'5% (6 inches of fall over a 10 ft. horizontal
distance or greater)
f the project does not exceed any ofthe above listed conditions and is located in
an area that is not governed by a state issued stormwater permit, the owner,
contractor, or authorized agent may prepare the stormwater management
application using the standard method outlined below or another method that
complies with State and local requirements. Projects located in an area governed
by a state issued stormwater permit must comply with those requirements.
The Dry Well Method
The standard method requires routing roof runofffrom all structures into
infiltration devices (e.g., downspout drywells or drip line trenches) and
installation ofdriveway channels with infiltration devices. All infiltration devices
must comply with Town approved sizing and design guidelines. The following
site conditions must be met in order for infiltration devices to be installed.
A site on the property must be available for the infiltration device that does not
conflict with any septic drain field, structure foundations, or water well. Minimum
horizontal setbacks from a septic system are as follows: upslope 10 feet, side
slope 15 feet, down slope 25 feet. Infiltration devices must have a minimum
setback of 5 feet from foundations.
Soils must be sufliciently permeable.
Water table depth allows for construction ofdrywells. If this is not possible, other
alternative stormwater control devices are recommended. Contact the Stormwater
Administrator for more intbrmation.
The site plan minimizes the amount of pavement, concrete, driveways and other
impervious surfaces to the maximum extent possible.
If site conditions such as slope, soil type, high ground water levels exist that
prevent any ofthe above conditions from being met or an alternative method of
stormwater management is desired, the stormwater management application must
describe the method to be used.
All infiltration devices (e.g., downspout drywell, drip line trenches, driveway
drywells, etc.) must be filled with clean AASHTO #57 Stone (or equivalent
washed drain rock — 0.75-3.0 inches in diameter). To extend the useful life ofthe
system, filter fabric must line sides and top ofthe infiltration device to prevent
fine soils from migrating into the drain rock and be equipped with cleanout sumps
or screens to collect leaves, needles, roofgrit and other debris. Infiltration
trenches connected to downspouts must have a four (4) or six (6) inch perforated
pipe, placed in the upper portion ofthe rock Jill and extending the length ofthe
trench (Alternative methods may be approved by the Stormwater Administrator).

Any number of drywells/trenches may be used, provided the volume of voids in
each drywell is adequate to receive the rain runoff from that portion of roof area
being routed to it. Refer to Appendix E, Stormwater Management Worksheet, for
sizing and design guidelines.
Community Development Services must inspect all infiltration devices prior to
certifying the structure for occupancy. Do not backfill over any underground
installation until it has been inspected.
The applicant/homeowner shall maintain in good condition all stormwater
practices constructed in accordance with the stormwater ordinance.
The above guidelines are intended to simplify and expedite the review and
approval of stormwater management applications and are not necessarily all-
inclusive. The Town reserves the option to require submittal of a stormwater
management application prepared by a licensed engineer for any land use project.
•
E

0
Appendix E: Town Oak Island Vegetation Management
Program Ordinance
66

•
0
PART li - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE Ill. - VEGETATION MANAGEMENT PROGRAM
ARTICLE III. - VEGETATION MANAGEMENT PROGRAM
Sec. 32-71. - Purpose of article.
Sec. 32-72. - Definitions.
Sec. 32-73. - Reserved.
Sec. 32-74. - Vegetation plans required.
Sec. 32-75, - Vegetation plan review.
Sec. 32-76, -Tree and vegetation guidelines.
Sec. 32-76,1. - Parking facilities landscap) nq for new development protects..
Sec. 32-76 2. - Tree and shrub preservation.
Sec. 32-76,3. - Landscaping walntenance foi' proiects othg- than single family residential.
Sec. .32-77. - No cleaiing without permit
Sec. 32-78. - Flexible setbacks.
Sec. 32-79. - Enforcement; penalties_ for violations of article._
Sec. 32-71. - Purpose of article.
(a) The purpose of the tree and vegetation preservation program is to provide a means to preserve
and manage significant wooded areas and specimen trees in the community.
(b) The objectives of the program are as follows:
(1) Maintain and enhance property values;
(2) Preserve and enhance the visual appearance of the town;
(3) Preserve unique and productive coastal habitats;
(4) Reduce the impacts of development, on the town's stormwater system;
(5) Assist the town in preserving and enhancing the quality of its estuarine waters; and
(6) Help create and protect the protective dune systems.
(Ord. of 3-10-2009)
Sec. 32-72. - 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:
Caliper. The measurement of the diameter of a tree; measurement is taken at breast height or four and
one-half feet above ground level. If a tree splits or forks into multi -trunks, the trunk is measured at its
narrowest point below the split or fork.
Clearing. The removal and proper disposal of exposed objectionable matter from an area. This may
include, but is not limited to, trees, roots, grass, underbrush, rubble, any type of structures, etc.
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Clearing permit. A permit that must be obtained from development services prior to the removal and
proper disposal of trees and structures.
Crown. The totality of branches, twigs, and leaves extending from the trunk or main stems.
Drip lure. The outside edge of the area underneath a plant which would be encompassed by
perpendicular lines dropped from the farthest edges of the crown of the plant.
Fence. A barrier intended to mark a boundary, screen a view or prevent intrusion that is designed and
built in a sound workmanlike manner with adequate footings to withstand normal wear while keeping an
attractive appearance.
Grading. Altering the shape of the ground surfaces to a predetermined condition; this includes stripping,
cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or
filled condition.
Ground cover. Any plant less than three feet in height.
Introduced plant. Any nonexisting plant that is added during the development of a property.
Overstory tree. Any species of tree that reaches a minimum height of 40 feet at maturity.
Parking facility. An area used for the parking, storage, or display of motor vehicles, boats, recreational
vehicles, etc.
Permeable paving. Any paving which due to its inherent nature, or construction, allows fluids and gases
to penetrate through it at least in some areas, such as GRASSCRETE TM brand permeable paving.
Preserved vegetation. Any plant or groups of plants existing prior to development of a property that is
protected so that it remains after the development has been completed.
Pruning. The elimination of live and dead branches from a tree's crown to improve tree structure,
enhance vigor and/or maintain safety.
Root protection zone. For a shrub shall be the area contained by the shrub's drip line. The root
protection zone for a tree shall be the area defined by a concentric circle with a radius equal to the
diameter of the trunk in inches at breast height by one foot but no less than 100 square feet. Planting or
open ground areas shall be located so that the trunk of any preserved tree is as close to the center of
the open ground area as possible, and in no case shall the trunk be closer than one-third of the
maximum dimension of the designated open ground areas to any edge of that area.
Shrub. Any plant between three feet and 15 feet in height.
Sketch plan. A vegetation plan submitted to the development services department staff in conjunction
with subdivision of land, alteration of an existing drainage system, issuance of a clearing permit,
issuance of a building permit, or start of site development. The sketch plan is a scaled drawing that
shows the site information specified in section 32-74. Photographs are not acceptable to locate wooded
areas and tree heights may be estimated on the plan.
Specimen tree. For the purpose of this chapter, any perennial woody plant, such as a lane shade or
pine tree, which usually has one main stem or trunk and the following caliper measurements: a
hardwood tree, six inches; a conifer other than species of southern pine, six inches; southern pines, 14
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PART II - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE III. - VEGETATION MANAGEMENT PROGRAM
inches; and any small flowering tree; such as dogwood, two inches.
Topping. The severe cutting back of branches to a stub, bud, or a lateral branch not large enough to
assume the terminal role.
Tree. Any plant 15 feet in height or over at maturity.
Tree value. For applications under this chapter shall mean the appraised value of a tree based on the
latest edition of the "Guide for Plant Appraisal" by the council of tree and landscape appraisers.
Understory tree. Any small tree that grows under the taller overstory trees. These trees can grow in the
shade of the taller trees and usually stay short, even if they are very old. Examples of understory trees
include Serviceberry (Amelanchier arborea), Flowering Dogwood (Cornus florida), Winged Elm (Ulmus
alata), and Persimmon (Diospyros virginiana).
Urban forester. Shall mean the qualified designated town employee who is a graduate forester and/or
certified arborist assigned to carry out the provisions of this chapter.
Utility. Shall mean public utilities, businesses of organizations in the business of supplying
communication services, electrical energy, gas, heat, steam, water, or sewage disposal and treatment.
Wooded area. Any vegetated area of 50 square feet or more, consisting of trees, shrubs, and/or ground
cover where trees are the predominant form of vegetation.
(Ord. of 3-10-2009)
. Cross reference— Definitions generally, § 1-2.
Sec. 32-73. - Reserved.
Sec. 32-74. - Vegetation plans required.
(a) A sketch vegetation plan must be submitted to, reviewed, and approved by the department of
community development services for the following actions:
(1) Recording a subdivision plat or subdividing land;
(2) Alteration of an existing drainage system;
(3) Issuance of a clearing permit;
(4) issuance of a building permit (includes demolition of structures);
(5) Issuance of a development permit.
(b) Agricultural activities that do not involve artificial drainage of land and -the maintenance, alteration,
or improvement of an existing structure that does not involve a material increase in impervious surface
are exempt from the requirement for a vegetation plan.
(c) The sketch vegetation plan may be prepared in conjunction with the stormwater plan required by
article V of chapter 18 of this Code and must include the following information:
(1) Location of wooded areas, specimen trees (see definitions), overstory and understory trees,
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Chapter 32 - VEGETATION
ARTICLE III. - VEGETATION MANAGEMENT PROGRAM
is and primary and/or frontal dunes with vegetative cover;
(2) Location of any wooded areas, specimen trees (overstory and understory), and primary or
frontal dune vegetation that will be removed or destroyed during development or construction;
(3) Location of wooded areas, specimen trees (overstory and understory), and primary or frontal
dune vegetation that will be retained after development or construction;
(4) Location and type of vegetation that will be replaced after development or construction; and
(5) Plan for replacement of any disturbed dune vegetation after construction, where applicable.
(d) Landscaping and/or vegetation plans to be submitted should show the location of vegetative
species, size, and quantity to be protected or removed and/or location, species, size and quantity to be
planted.
(Ord. of 3-10-2009)
Sec. 32-75. - Vegetation plan review.
(a) The vegetation plan will be reviewed by the urban forester or his designee for compliance with the
requirements and guidelines provided in section 32-76
(b) Plan submittal, review, and approval are mandatory for single-family and two-family and three-
family residences or any land use activity. No changes are to be made to the approved vegetation plan
during the construction process without receiving written consent from the department of community
development services. Compliance with the approved vegetation plan is required prior to issuance of a
certificate of occupancy.
(c) Plan submittal, review, and approval is mandatory for major residential uses (multiple -family
dwellings, townhouses, and condominiums), institutional uses, commercial uses, planned unit
developments and subdivisions_ No changes are to be made to the approved vegetation plan during the
construction process without receiving written consent from the department of community development
services. Compliance with the approved vegetation plan is required prior to issuance of a certificate of
occupancy or recording of a final plat for the uses.
(d) The developer of any project requiring compliance with this article must meet with the urban
forester to discuss tree protection and other matters relating to this chapter prior to beginning land
disturbing activities.
(Ord. of 3-10-2009)
Sec. 32-76. - Tree and vegetation guidelines.
Vegetation plans shall comply with the following guidelines:
(a) Provide for the retention and protection of existing trees and the planting of new trees as
follows:
(1) For lots with available sewer, a minimum of one existing overstory tree or two existing
understory trees shall be saved per 2,025 square feet of lot size except where a
determination has been made that the retention of existing trees would interfere with
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•
PART II - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE 1Il. - VEGETATION MANAGEMENT PROGRAM
essential site improvements. This determination will be made by the department of
community development services following consultations with the developer. Every effort will
be made to retain and protect specimen trees. If fewer than one existing overstory tree or two
understory trees exist per 2,025 square feet of lot size or if no trees exist on said lot, a
minimum stocking of one overstory tree with a minimum caliper of two inches or two
understory trees with a minimum caliper of one inch per 2,025 square feet of lot size shall be
achieved through planting.
(2) For lots with no available sewer and a septic system will be used, a minimum of one
existing overstory tree or two existing understory trees shall be saved per 2,200 square feet
of lot size except where a determination has been made that the retention of existing trees
would interfere with essential site improvements. This determination will be made by the
department of community development services following consultations with the developer.
Every effort will be made to retain and protect specimen trees. If fewer than one existing
overstory tree or two understory trees exist per 2,200 square feet of lot size or if no trees
exist on said lot, a minimum stocking of one overstory tree with a minimum caliper of two
inches or two understory trees with a minimum caliper of one inch per 2,200 square feet of lot
size shall be achieved through planting. The urban forester or his designee shall be available
to answer any questions concerning which trees would be best to save or which species of
trees would be best to plant.
(b) Preserve and protect as much wooded area on the site as is practicable. Where existing
trees and shrubs are being preserved or replaced, applicants are encouraged to provide
continuous planted areas of at least 50 square feet.
(c) Incorporate existing vegetation, wooded areas, and specimen trees into required shoreline,
wetland, and visual buffers where possible.
(d) Where vegetation is being replaced, applicants may select plant types from the list provided
in Seacoast Plants of the Carolinas (University of North Carolina Sea Grant Program, Publication
UNC-SG-73-06), "Trees for Oak Island", or other comparable resources.
(e) Applicants shall not completely clear shrubs and grasses in preserved wooded areas without
the approval of the urban forester or his designee.
(f) In any area where the urban forester or his designee determines that growing conditions
prevent the strict application of subsection (a) above, the urban forester or his designee may
approve a vegetation plan that varies from those requirements. Alternative plant species and
number of required plantings will be determined by the urban forester or his designee.
(g) Compliance with this article must be made within one year from the date of demolition of a
structure. The urban forester may extend this time for a period not to exceed one year. (For
example, if a house is to be demolished and no replacement structure is to be built within one
year, the developer must bring the lot into compliance with this article. If building will commence
within one year of the demolition of the structure, the developer may wait until the new structure is
completed prior to planting any needed replacement trees on the property).
(Ord. of 3-10-2009)
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Chapter 32 - VEGETATION
ARTICLE III. - VEGETATION MANAGEMENT PROGRAM
Sec. 32-76.1. - Parking facilities landscaping for new development projects..
(a) For new development projects requiring more than ten off-street parking spaces, it is required by
this chapter that a site plan and parking facility vegetation plan be submitted to the community
development services director for review and approval of the landscaping requirements of the section.
(b) Minimum standards. At least eight percent of the gross paved area of a parking facility shall be
landscaped in the interior of the parking lot. For purposes of this section, interior shall mean the area
within the parking facility curb or pavement and extensions that create a common geometric shape
such as a square, rectangle, or triangle.
(1) Trees and shrubbery planted pursuant to this section shall include at least one tree with a
minimum caliper of two inches and six shrubs at least 18 inches in height at planting. At least 50
percent of the trees planted shall be of a shade/canopy tree species as defined by the
International Society of Arboriculture. (Example, in each required peninsula one tree and six
shrubs minimum).
All plantings shall be evenly distributed throughout the parking facility;
b. All interior plantings shall be protected by raised concrete curbing or other devices such
as wheel stops;
c. Consecutive parking spaces shall incorporate landscape peninsulas no more than ten
spaces apart and at least on the ends of all parking rows. Peninsulas shall contain at least
100 square feet in area and at least eight feet in width, measured from back of curb/barrier to
• back of curb/barrier.
(c) When a parking facility is within 50 feet of the public right-of-way, a perimeter planted strip shalt be
installed, consisting of a low buffer incorporated into the streetyard.
U
(d) The urban forester or his designee may waive all or part of the requirements of this section for any
facility which is limited to periodic or intermittent use for vehicular parking, such as parking lots for
churches or recreational facilities, provided the facility is completely covered by grass or otherwise
presents a landscaped effect.
(e) The community development services director may waive the requirements of this section for
temporary parking lots when determined that a waiver is necessary to relieve hardship and will not
violate the purposes of this section. Any such waiver shall not exceed one year.
(Ord. of 3-10-2009)
Sec. 32-76.2. - Tree and shrub preservation.
(a) A major objective of this Code is to encourage the preservation of existing vegetation wherever
possible while allowing quality development to take place. To qualify for landscape, buffer and
screening requirements, the following measures shall be required for preserved trees and shrubs on
proposed subdivisions, planned unit developments, multifamily developments, and all industrial and
commercial projects.
(1) Protective fencing not less than four feet high or other construction barrier shall be placed at
and completely encompass the root protection zone of all preserved plants.
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ARTICLE III. - VEGETATION MANAGEMENT PROGRAM
is (2) Any tree whose root protection zone will be affected by soil removal shall have roots cut
clearly by trenching at a point at least one foot outside the construction barrier installed as
required above.
(3) The following shall be prohibited within the root protection zone of any preserved plant:
a. Grading and excavation which involves cutting or filling to a depth of more than three
inches;
b. Pouring of any material onto ground which is toxic to plants;
C. Installing, depositing, placing, storing, or maintaining any stone, brick, sand, concrete or
other materials which may impede the free unobstructed growth of or passage of water, air,
and fertilizer to the roots;
d. No storing of any construction materials within the root protection zones of the
preserved vegetation;
e. Attaching any sign, poster, notice or other object, or fastening any guy wire,. cable, rope,
nail, screw, or other device to any preserved plant for any reason other than that of a
protective nature to the plant;
f. Causing or encouraging any fire or burning of any kind near or around any plant;
g. Parking or operating construction or passenger vehicles of any type within the root
.protection zone.
(Ord. of 3-10-2009)
Sec. 32-76.3. - Landscaping maintenance for projects other than single family residential.
The owner and/or their agent shall jointly and severally be responsible for the maintenance of
landscape improvements and other requirements of this Code. The requirements of this Code shall be
maintained according to the following;
(a) All landscaping shall be maintained in a neat and orderly manner.
(b) Preserved vegetation which dies within five years from the date of completed construction
shall be replaced by approved introduced plants within 12 months of loss. Failure to do so will
result in a penalty being assessed by the town council. This money will be placed in the town tree
preservation trust fund. The money collected from this program will be used for education and to
place specimen trees on public property in town.
(c) Introduced plants which die within the first five years of establishment shall be replaced with
plants of similar variety and size within 12 months of loss. Failure to do so will result in a penalty
being assessed as outlined in subsection (b) above.
(d) Although not mandatory, pruning should be done according to National Arborist Association
pruning standards.
(e) Broken irrigation lines or heads shall be replaced promptly to ensure adequate irrigation and
10 prevent waste of water.
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11
•
PART Il - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE II. - TREE PROGRAM
ARTICLE II. -TREE PROGRAM
Sec. 32-31. - Applicability of article provisions.
Sec. 32-31. 1 - Definitions.
Sec. 32-32. - Tree City U.S.A. advisory board; responsibility_
Sec. 32-33. - Duties and authority of urban forester.
Sec. 32-34. - Damage to trees.
Sec. 32-35. - Arbor Day celebration.
Sec. 32-36. - Approved tree list.
Sec. 32-37. - Tree inventory.
Sec. 32-38. - Develo rpent of annual tree program.
Sec. 32-39. - Community awareness.
Sec. 32-40. - Maintenance of public lreeslprolects.
Sec. 32-40.1, - Hazardous trees.
Sec. 32-40.2. - Protection utilities.
Sec. 32-40.3. - Notification for work near public trees.
Secs. 32-41-32-70. - Reserved.
Sec. 32-31. - Applicability of article provisions.
This article applies to town -owned or controlled property including leased property and public rights -of -
way within the town.
(Ord. of 3-10-2009)
Sec. 32-31.1- - 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.
Caliper. The measurement of the diameter of a tree; measurement is taken at breast height or four and
one-half feet above ground level. If a tree splits or forks into multi -trunks, the trunk is measured at its
narrowest point below the split or fork.
Pruning. The elimination of live and dead branches from a tree's crown to improve tree structure,
enhance vigor and/or maintain safety.
Topping. The severe cutting back of branches to a stub, bud, or a lateral branch not large enough to
assume the terminal role.
Tree. Any plant 15 feet in height or over at maturity.
Tree value. For applications under this chapter shall mean the appraised value of a tree based on the
latest edition of the "Guide for Plant Appraisal" by the Council of Tree and Landscape Appraisers.
Urban forester. The qualified designated town employee who is a graduate forester and/or certified
arborist assigned to carry out the provisions of this chapter.
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PART II - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE II. - TREE PROGRAM
Utility. Public utilities, businesses or organizations in the business of supplying communication services,
electrical energy, gas, heat, steam, water, or sewage disposal and treatment.
(Ord. of 3-10-2009)
Sec. 32-32. - Tree City U.S.A. advisory board; responsibility.
The Tree City U.S.A. advisory board shall be the advisory body charged with the task of carrying out
advisory responsibilities of this article.
(Ord. of 3-10-2009)
Sec. 32-33. - Duties and authority of urban forester.
There shall be an urban forester position staffed by a graduate forester and/or certified arborist. The
urban forester shall have the following duties and responsibilities.
(a) Preserve and enhance the town's urban forest through the management of the town's urban
forestry program and the administration and implementation of the comprehensive urban forest
plan as developed with the Tree City, U.S.A. advisory board and as adopted by town council.
(b) Supervise the planting, maintenance and removal, as necessary, of trees on public property
in coordination with affected town departments. Direct town employees in tree removals and
plantings.
(c) Assist the Tree City, U.S.A. advisory board with the formation of, and any revisions to, the
comprehensive urban forest plan and provide administrative staff services.
(d) Develop and periodically update arboricultural specifications and standards of practice
governing the planting, maintenance, removal, fertilization, pruning, and bracing of trees and
shrubs on public property. Arboricultural specifications and standards of practice shall be based
on the most current arboricultural practices described in the American National Standards Institute
ASC A300 standards for tree care operations, as amended.
(e) Reviews all development plans submitted by the town to ensure compliance with town
ordinances, master plans and standards; The urban forester shall make a physical site inspection
prior to issuance of any building permit; recommends specific changes.
(f) Inspects construction and utility work sites on public property to ensure compliance with
plans, permits, and ordinances; issues stop -work orders and assesses penalties for violations.
(g) Designs, implements, and provides maintenance specifications for all landscaping on town
property.
(h) Enforces the provisions of this chapter.
(Ord. of 3-10-2009)
Sec. 32-34. - Damage to trees.
(a) It shall be unlawful to intentionally damage or destroy trees planted on municipally owned or
controlled property except as a part of a town -authorized improvement program. It shall also be a
violation of this code to attach or place any rope or wire (other than one to support a young or broken
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PART II - CODE OF ORDINANCES
Chapter 32 - VEGETATION
ARTICLE Il. - TREE PROGRAM
4) tree), sign, poster, handbill, or anything to any such public tree.
(b) A person damaging a tree on public property shall be liable to the town for any loss of value. In the
event damage is so pervasive as to result in the treatment or removal of the tree, the person damaging
such tree shall also be liable for costs of treatment or removal. Values of public trees shall be appraised
in accordance with the Council of Tree and Landscape Appraisers Guide for Plant Appraisal, 9th
Edition, as amended. These values will be kept on file in the town community development services
office.
(c) Any violation of the provisions of this article shall be deemed a misdemeanor making the violation
subject to punishment in accordance with section 1-7 in addition to the recovery of damage assessed
as outlined in subsection (b) above. The moneys collected from these fines and/or recovery claims will.
be placed in the town tree preservation trust fund and be used for education and the placement of
specimen trees on public property in town.
(Ord. of 3-10-2009)
Sec. 32-35. - Arbor Day celebration.
The town shall annually hold an Arbor Day celebration that focuses attention to the value of trees in the
urban environment.
(Ord. of 3-10-2009)
Sec. 32-36, - Approved tree list.
• The town shall maintain a list of approved trees for various applications on municipal property.
(Ord. of 3-10-2009)
Sec. 32-37. - Tree inventory.
The town shall maintain an inventory of trees on municipal property. This inventory shall include tree
location, species, diameter or caliper size, height, visible defects, power line proximity, sidewalk
proximity, and tree pruning and removal recommendations for the next five years. The inventory will
also identify all available planting spaces. Each tree that is inventoried will be appraised in accordance
with the Council of Tree and Landscape Appraisers Guide for Plant Appraisal, 9th Edition, as amended.
This inventory shall be updated every five years. Information obtained from this inventory shall be used
to write the comprehensive urban forestry management plan.
(Ord. of 3-10-2009)
Sec. 32-38. - Development of annual tree program.
The town shall annually review its tree installation needs including new projects and replacement of
diseased or damaged trees in conjunction with development of the town's annual budget.
(Ord. of 3-10-2009)
Sec. 32-39. - Community awareness.
The town shall undertake programs, as may be determined by the Tree City USA advisory board and
the recreation department's environmental education program director, which enhance the community's
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