AHOSKIE_COMPLETE FILE - HISTORICAL_20140210

.STORMWATER DIVISION CODING SHEET
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PERMIT NO.
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❑ COMPLETE FILE - HISTORICAL
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Tol N, oiF AtiOSKIE.
201 WEST MAIN ST. • P.O. BOX 767 • AHOSKIE, NC 27910-0767 • PHONE [phone] • FAX [phone]
February 10, 2014
Mr. Mike Randall
Stormwater Permitting
Division of Energy, Mi
1612 Mail Service Ceti
Raleigh, NC 27699 i 61
Land'resourrcces
k) f
RECEIVED
3 2 20115
0ENR-LAiND QUALITY
--'T0RMV'VATER PERMITTING
PRECISION PRINTING - ELIZABETH CITY, NC 252-338 2450

Ahoskie Universal Stormwater
TOWN OF AHOSKIE
UNIVERSAL STORMWATER POLICY
oF
Al -'44**N
nos
Adopted: May 12, 2009
Effective: May 12, 2009

Table of Contents
Universal Storniwater Model Ordinance for North Carolina ............................................
SECTION 1: GENERAL PRO VISIONS ..........................................................................
7
xr-101
Title.....................................................................................................................7
.xx-102
Authority.............................................................................................................7
xr-103
Findings..............................................................................................................
7
xx-104
Purpose...............................................................................................................7
(A)
General...............................................................................................................7
(B)
Specific............................................................................................................... S
xx-105
Applicability and Jurisdiction............................................................................
8
(A)
General............................................................................................................... S
(B)
Exemptions........................................................................................................ 9
(1)
Thresholds.......................................................................................................9
(2)
General exemption..........................................................................................
9
(C)
No Development or Redevelopment Until Compliance and Permit ............. 9
(D)
Map.....................................................................................................................9
xx-106
Interpretation ...................................................................................................
10
(A)
Meaning and Intent.........................................................................................
10
(B)
Text Controls in Event of Conflict................................................................
10
(C)
Authority for Interpretation..........................................................................
10
(D)
References to Statutes, Regulations, and Documents ..................................
10
(E)
Computation of Time......................................................................................
10
(F)
Delegation of Authority..................................................................................
10
(G)
Usage................................................................................................................
11
(1)
Mandatory and Discretionary Terms............................................................
11
(2)
Conjunctions.................................................................................................
11
(3)
Tense, Plurals, and Gender...........................................................................
I I
(H)
Measurement and Computation....................................................................
11
xx-107
Design Matsual.................................................................................................
11
(A)
Reference to Design Manual..........................................................................
11
(B)
Relationship of Design Manual to Other Laws and Regulations ...............
I 1
(C)
Changes to Standards and Specifications.....................................................
12
(D)
Amendments to Design Manual.....................................................................
12
xx-108
Relationship to Other Laws, Regulations and Private Agreements ...............
12

t
(A) Conflict of Laws.............................................................................................. 12
(B) Private Agreements......................................................................................... 12
xr-109 Severability.......................................................................................................12
xx-110 Effective Date and Transitional Provisions.................................................... 12
(A) Effective Date.................................................................................................. 12
(B) Final Approvals, Complete Applications...................................................... 12
(C) Violations Continue........................................................................................ 13
SECTION 2: A DMINIS TRA TION A ND PROCEDURES ............................................ 14
xx-201 Review and Decision -Making Entities............................................................ 14
(A) Stormwater Administrator............................................................................ 14
(1) Designation................................................................................................... l 4
(2) Powers and Duties......................................................................................... 14
xx-202 Review Procedures........................................................................................... 14
(A)
Permit Required; Must Apply for Permit ....................................................
14
(B)
Effect of Permit...............................................................................................
15
(C)
Authority to File Applications.......................................................................
15
(D)
Establishment of Application Requirements, Schedule, and Fees .............
15
(1)
Application Contents and Form...,., ..............................................................
15
(2)
Submission Schedule....................................................................................
15
(3)
Permit Review Fees......................................................................................
15
(4)
Administrative Manual.................................................................................
15
(E)
Submittal of Complete Application...............................................................
16
(F)
Review..............................................................................................................
16
(1)
Approval ...........................................................................
16
(2)
Fails to Comply.............................................................................................
16
(3)
Revision and Subsequent Review.................................................................
16
xx-203
Applications for Approval................................................................................
17
(A)
Concept Plan and Consultation Meeting ......................................................
17
(1)
Existing Conditions / Proposed Site Plans ....................................................
17
(2)
Natural Resources Inventory.........................................................................
17
(3)
Stormwater Management System Concept Plan ...........................................
17
(B)
Stormwater Management Permit Application .............................................
18
(C)
As -Built Plans and Final Approval...............................................................
18
(D)
Other Permits..................................................................................................
18
xY-204
Approvals..........................................................................................................18
(A)
Effect of Approval.....; ......................................................................................
18
3

r
(B) Time Limit/Expiration.................................................................................... 19
xx-205 Appeals............................................................................................................. 19
(A) Right of Appeal............................................................................................... 19
(B) Filing of Appeal and Procedures................................................................... 19
(C) Review by Superior Court.............................................................................. 19
SECTION 3: STANDARDS............................................................................................ 20
xr-301 General Standards............................................................................................ 20
xx-302 Impervious Surface Requirements.................................................................. 20
(A) Setback requirement....................................................................................... 20
(B) No new impervious or partially pervious surface in floodplain ................. 20
(C) Land draining to shellfish waters.................................................................. 20
(D) Development in Critical Area of Water Supply Watersheds ...................... 20
xx-303 Structural Stormwater Control Requirements ................................................ 20
xx-305 Standards for Stormwater Control Measures ................................................. 21
(A) Evaluation According to Contents of Design Manual ................................. 21
(B) Determination of Adequacy; Presumptions and Alternatives .................... 21
(C) Separation from Seasonal High Water Table .............................................. 21
xx-306 Dedication ofBMPS, Facilities & Inprovements.......................................... 22
xx-307 Variances..........................................................................................................22
xx-308 Additional standards for special situationns..................................................... 23
(A) SA Waters........................................................................................................23
(1) Pet waste....................................................................................................... 23
(2) No Direct Discharge or Expansion of Discharges to SA Waters .................. 24
(B) Trout Waters................................................................................................... 24
SECTION 4: MAINTENANCE...................................................................................... 25
xx-401 General Standards for Maintenance............................................................... 25
(A) Function of BMPs As Intended...................................................................... 25
(B) Annual Maintenance Inspection and Report ............................................... 25
xr-402 Operation and Maintenance Agreement......................................................... 26
(A) In General........................................................................................................ 26
(B) Special Requirement for Homeowners' and Other Associations ............... 26
x-r-403 Inspection Program.......................................................................................... 28
xx-404 Performance Security for Installation and Maintenance .............................. 28
4

0
(A) May Be Required............................................................................................ 28
(B) Amount.............................................................................................................28
(1) Installation..................................................................................................... 28
(2) Maintenance..................................................................................................28
(C) Uses of Performance Security........................:............................................... 29
(1) Forfeiture Provisions..................................................................................... 29
(2) Default...........................................................................................................29
(3) Costs in Excess of Performance Security ..................................................... 29
(4) Refund...........................................................................................................30
.-r-405 Notice to owners............................................................................................... 30
(A) Deed Recordation and Indications On Plat .................................................. 30
(B) Signage.............................................................................................................30
-406 Records of Installation and Maintenance Activities ....................................... 30
.-r-407 Nuisance...........................................................................................................30
.-v-408 /Maintenance Easement.................................................................................. 30
SECTION 5: ENFORCEMENT AND VIOLATIONS .................................................. 32
xx-501 General.............................................................................................................32
(A) Authority to Enforce....................................................................................... 32
(B) Violation Unlawful..........................................................................................32
(C) Each Day a Separate Offense......................................................................... 32
(D) Responsible Persons/Entities.......................................................................... 32
(1) Person Maintaining Condition Resulting In or Constituting Violation,.... ... 32
(2) Responsibility For Land or Use of Land ....................................................... 33
.rx-502 Remedies and Penalties................................................................................... 33
(A) Remedies.......................................................................................................... 33
(1) Withholding of Certificate of Occupancy..................................................... 33
(2) Disapproval of Subsequent Permits and Development Approvals ............... 33
(3) Injunction, Abatements, etc.......................................................................... 33
(4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 33
(5) Stop Work Order........................................................................................... 34
(B) Civil Penalties..................................................................................................34
(C) Criminal Penalties........................................................................................... 34
xx-503 Procedures........................................................................................................34
(A) Initiation/Complaint.......................................................................................34
(B) Inspection.........................................................................................................34
(C) Notice of Violation and Order to Correct ..................................................... 34
R

G
(D) Extension of Time........................................................................................... 35
(E) Enforcement After Time to Correct.............................................................. 35
(F) Emergency Enforcement................................................................................ 35
SECTION 6: DEFINITIONS.......................................................................................... 37
xr-601 Terms Defined.................................................................................................. 37
Built -upon area (BUA)............................................................................................... 37
Department.................................................................................................................. 37
DesignManual.............................................................................................................37
Development................................................................................................................ 37
Division......................................................................................................................... 37
Floodplain.................................................................................................................... 37
Largercommon plan of development or sale........................................................... 37
1-year, 24-hour storm................................................................................................. 38
Owner........................................................................................................................... 38
Redevelopment............................................................................................................ 38
StructuralBMP...........................................................................................................38
Substantialprogress.................................................................................................... 38
(SECTION 7: Illicit Discharges...................................................................................... 39
xr-701 Illicit Discharges and Connections................................................................. 39
(A) Illicit Discharges.............................................................................................. 39
(B) Illicit Connections........................................................................................... 40
(C) Spills................................................................................................................. 41
(D) Nuisance...........................................................................................................41
[•I

SECTION 1: GENERAL PROVISIONS
xx-101 TITLE
This ordinance shall be officially known as "The Universal Stormwater Management
Program Ordinance." It is referred to herein as "this ordinance."
xx-102 AUTHORITY
The Ahoskie ']'own Council is authorized to adopt this ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North
Carolina, North Carolina General Statutes 143-214.7 and Hiles promulgated by the
I3nvironmental Management Commission thereunder; Session Law 2006-246; Chapter 160A,
§§ 174, 185 and 1; as well as Chapter 113A, Article 4 (Sedimentation Pollution Control)]I;
Article 21, Part 6 (Flood -way Regulation)] ]; Chapter 160A, Article 19 (Planning and
Regulation of Development)]; JChapter 153A, Article 18].
xx-103 FINDINGS
It is hereby determined that:
Dmelopment and redmelopmeni 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 demlopment sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase 11 Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase 11
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stortmvatcr controls such as those included in this ordnance.
'I'hcrefore, the Ahoskie Town Council establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater ninoff and discharge.
xx-104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-detlelopment stormwater
Adapted from Stormwater Center/EPA Model Ordinance.
7

runoff and nonpoint and point source pollution associated with new developmenl and
i-edevelopment has well as illicit discharges into municipal stormwater systems]. It has
been determined that proper management of construction -related and post-
dewlopmenl stormwater runoff will minimize damage to public and private property
and infrastructure, safeguard the public health, safety, and general welfare; and
protect water and aquatic resources.
(B) Specific
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for development that protects the
integrity of watersheds and preserves the health of water resources;
2. Requiring capture and treatment of the runoff from the first one and one
half inches of rainfall and release of the treatment volume at a rate equal or less
than the pre -development discharge rate For the 1-year, 24-hour storm. In
addition the 10-year storm must be captured and released at a rate equal or less
than the pre -development discharge rate for the 40-year storm. These measures
shall reduce flooding, streambank erosion, nonpoint and point source pollution,
increases in temperature, and the), shall maintain the integrity of stream
channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, Function, and use
of f1ruclirral flormwater I3AIPY d-int may be used to meet the minimum post -
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
G. Establishing provisions for the long-term responsibility for and maintenance
of simaural and non.r-Imclural slormwaler I3AIPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. I--stabltsluttg admtntstra6ve procedures for the submission, review, approval
and disapproval of.�iot7nwatermairagementplanu, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
xx-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all developmenl and redevelopment, including, but not limited to, site plan
F-1

applications, subdivision applications, and grading applications, within the Town
and the planning and jurisdictional limits of the Town, unless exempt pursuant to
Subsection (13) of this Section, 17-xcmptions.
(B) Exemptions
(1) Thresholds
Developmenl that cumulatively disturbs less than ten thousand (10,000) square feet of
land and is not part of a lamer common plan ofdaelopmenl or.;ale is exempt from the
provisions of this ordinance.
Residential projects that disturb more than ten thousand (10,000) square feet but
less than one acre of land are required to implement one of the following three
provisions:
I. Collect rooftop runoff into properly sized cisterns or rain barrels and
constrict all uncovered driveways, walkways, patios and parking areas
out: of permeable pavement or pervious material. Or,
2. Direct rooftop runoff into a properly sized rain garden and construct
all uncovered driveways, walkways, patios, and parking areas out of
permeable pavement or pervious material. Or,
3. Install any other stormwater best management practice 03MP) that
meets the requirements of 15A NCAC 21-1 .1008 to control and treat
the stormwater runoff from the built upon areas of the site.
Redevelopment that results in no net increase in buill-upon urea and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this ordinance.
(2) General exemption
Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the map
titled "USN-11' Stormwatcr N-1ap of Ahoskie, North Carolina" ("the Stonnwater
Map"), which is adopted simultaneously herevrith. 17he Stormwater N4ap and all
explanatory matter contained thereon accompanies and is hereby made a part of this
ordinance.2
2 Adapted from North Carolina Model Watershed Protection Ordinance.

The Stormwater IMap shall be kept on File by the Stormwater.Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all s1ruclured I3M1's permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or 13NIP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local coning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere the meaning and application of the term in this ordinance shall control
for purposes of application of this ordinance.3
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the test shall control.
(C) Authority for Interpretation
The Storm\vateI Administrator has authority to determine the interpretation of this
ordinance. Any person may request an interpretation by submitting a written request
to the Stormwater Administrator, who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Vilienever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manua, 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 Sarurday,
Sunday, or holiday observed by the Town of Ahoskie, the deadline or required date
of action shall be the next day that is not a Saturday, Sunday or holiday observed by
the 'Town of Ahoskie. References to days are calendar days unless othemise stated.
(F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of Town of Ahoskie may be carried out by his or her designee.
Provisions A through 11 were adapted from "Town of Cary Land Development Ordinance.
10

(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will' are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions and events apply. The word "or" indicates that one or
J
snore 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
singnilar 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
]..or area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-107 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 Alanual as the basis for
decisions about stormwater permits and about the design, implementation and
performance of slni lured and non-.Umdural slomnmaler 73MPs.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Storimvater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Phase II and other applicable stormwater laws.'
(B) Relationship of Design Manual to Other Laws and Regulations
I f the specifications or guidelines of the Design Alanual arc 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.
4 From Stormwater Center/EI)A Model Ordinance.
17

(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
control and, shall be utilized in reviewing the application and in implementing this
ordinance «7th regard to the application.
xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. \tlhere any provision of this ordinance imposes restrictions
different from those unposed 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.5
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or rccluirements than such an casement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall the Town of Ahoskie be obligated to
enforce the provisions of any easements, covenants, or agreements between private
parties.',
xx-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
xx-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on January 11, 2009.
(B) Final Approvals, Complete Applications
All develoPment and redevelopmew projects for which complete and fill] applications
were submitted and approved by the Town of Ahoskie prior to the effective date of
5 From Metro North Georgia Water Management District Model Ordinance.
" Adapted from Town of Cary Land Development Ordinance.
12

this ordinance and which remain valid, unexpired, unrevoked and not otherwise
terminated at the time of deielopment or mdetelopment shall be exempt from complying
with all provisions of this ordinance dealing with the control and/or management of
post -construction runoff, but shall be required to comply with all other applicable
provisions[, including but not limited to illicit discharge provisionsi.
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved by all necessar}, government units, it remains
valid, unexpired, unrevoked and not othera11se terminated, and it shows:
1. 1--or the initial or first phase of development, the type and intensM' 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.
For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, demlopmenl, construction, or other
activity complies with the provisions of this ordinance."
' SL 2006-246.
s Adapted from Town of Cary Land Development Ordinance.
13

SECTION 2: ADMINISTRATION AND PROCEDURES
xx-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the Ahoskie Town Council
to administer and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the Code of Ordinances and other laws, the Stormwater Administrator shall
have the folio«ring powers and duties under this ordinance:
a. To review and approve, approve urith conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
reviexv of applications and appeals, to review and make
recommendations to the Ahoskie Town Council on applications for
det,elopmenl or redetlelopmenl approvals.
d. To enforce the provisions of this ordinance in accordance "frith its
enforcement provisions.
c. To maintain records, traps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
To provide expertise and technical assistance to the Ahoskie Town
Council, upon request.
g. To designate appropriate other persons) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
xx-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all deivlopmenl and redmelopmeni unless exempt
pursuant to this ordinance. A permit may only he issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section. Development
shall not commence without obtaining a Stormwater permit pursuant to the
provisions of this ordinance.
14

(B) Effect of Permit
A stormwater permit shall govern the design, installation, and constriction of
stormwater management and control practices on the site, including slinclural BMPs
and elements of site design for stormwater management other than simaural1i1 IN.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the requirements
of this ordinance, whether the approach consists of strrle7ural l3MRi- or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project constriction is assured by the maintenance provisions of this ordinance.
{C} Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owner's duly authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and
fora 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 hoxv post -development stormwater runoff will be controlled and managed,
the design of all stormwater facilities and practices, and how the proposed
project will meet the requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
appllcadons. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring that there is
adequate time to review applications; and that the various stages in the review
process are accommodated.
(3) Permit Review Fees
The Ahoskie Town Council shall establish permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend
and update the fees and policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator sha11
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
15

(E) Submittal of Complete Application
Applications shall be submitted to the Stornwater Administrator pursuant to the
application submittal schedule in the forth established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
Within thirty (30) working days after a complete application is submitted, the
Stormwater Administrator shall review the application and determine whether the
application complies with the standards of this ordinance.
(1) Approval
If the Stormwater Administrator Ends 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 xvith this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how- the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within thirty (30) working days after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be recluired along with the appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment of
an additional permit review fee. An` rc-submittal after the first re -submittal
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
16

xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stortmwater 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 developmenl 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 stortwater
management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans, and other relevant resource protection plans 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 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 opportmities
or constraints for development and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-developmenl stormwater
management system including: preliminary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
17

(13) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-denelopmeui
stonnwater runoff will be controlled and managed and how the proposed project
v rill meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormNvater 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 Devi,gn Manua/ and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(D).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with
the approved stonnwater management plans and designs, and shall subrnit 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 stormwatcr 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
stormwatcr measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the Inspection
Department Without Final as -built plans and a final inspection and approval by the
Stormwatcr Administrator, except where multiple units are served by the
stormwater practice or facilities, in which case the Inspection 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.
xx-204 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. Approval should be conditional on the development receiving all State
Stormwater permits, CAMA permits, etc, as may be required.
18

(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make slebsiawiul
pmgness on the site within one (1) year after the date of approval. 'lrtle Stonilwater
Administrator may grant a single, one (1) year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-245 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, tnay file an appeal to the Board of Adjustment Xvithin 30
days.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on fortis provided by the Town of Ahoskie.
The Stormwater Administrator shall transtnit to the Board of Appeals all documents
constituting the record on which the decision appealed froth was taken.
The hearing conducted by the Board of Appeals shall be conducted in the nature of
a quasi-judicial proceeding with all findings of fact supported by competent, material
evidence.
(C) Review by Superior Court
1lvery= decision of the Board of Appeals shall be subject to Superior Court review by
proceedings in the nature of certiorari. Petition for review by the Superior Court
shall be Fled with the Clerk of Superior Court within thirty (30) days after the latter
of the following:
(1) The decision of the Board of Appeals is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has filed
a written request for such copy with the Chairperson for the Board of Appeals at
the tithe of its hearing of the case.
19

SECTION 3: STANDARDS
xx-301 GENERAL STANDARDS
All development and redevelopmenl to which this ordinance applies shall comply MInth the
standards of this section.
xx-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback requirement
All impervious surfaces, except for roads, paths, and water dependent strictures,
shall be located at least 30 feet landward of all perennial and intermittent surface
waters.
A perennial or intermittent surface water shall be deemed present if the feature is
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 complete 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 211 .0233
(3)(a) or similar site -specific determination made using Division -approved
methodology.
(B) No new impervious or partially pervious surface in floodplain
For development activities outside the counties subject to the Coastal Area
Management Act of 1974, no new impervious or partially pervious surfaces, except
for roads, paths, and water dependent structures, shall be allowed N"ithin the
floodplain
(C) Land draining to shellfish waters
All development activities that are located within 575 feet of waters designated by
the Environmental Management Commission as shellfishing waters shall be limited
to a maximum impervious surface density of 36 percent.
(D) Development in Critical Area of Water Supply Watersheds
All development activities that are located;ithin the area designated by the
F-tivironmental Management Commission as a Critical Area of a Water Supply
Watershed shall be limited to a maximum impervious surface density of 36 percent.
xx-303 STRUCTURAL STORMWATER CONTROL REQUIREMENTS
Ou,nerf of property subject to this ordinance and required to install structural storm-,vater
control measures shall implement those measures in compliance with each of the following
standards:
20

(A) The measures shall capture and treat runoff from the first one and one-half
inches of rain. The measures must also capture the 10-year storm.
Treatment volume drawdown time for wet detention ponds shall be a
minimum of 48 hours- but not more than 120 hours.
(13) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
removal for Total Suspended Solids (I'SS);
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 21-1 .1008(c), as explained in the Design Manual;
(D) The measure shall discharge the storage volume from the runoff from the
first one and one half inches of rain at a rate equal to or less than the pre -
development discharge rate for the I -year, 24-hour storm. The measure
shall discharge the storage volume From the 10-year storm at a rate equal 10
or less than the pre -development discharge rate for the 10- year storm.
(E) The approval of the stormwater permit shall require enforceable restrictions
on property usage that runs with the land, including recorded deed
restrictions and protective covenants, to ensure that future depelopment and
redevelopment maintains the site consistent with the approved project plans.
xx-305 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control treasures and stormwater treatment practices (also referred
to as Best Management Practices, or 13hf1's) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice, in the Deri,gn Manual. The Storimvater
Administrator shall determine whether proposed BNH's will be adequate to meet the
requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormvvater 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 tniinimum water quality and quantity, performance standards of tills
ordinance. Vq-tenever an apphcant 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) brill satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, ealeulations, and examples necessary for
the Stormwater Administrator to determinne whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
21

I'or BNH's that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.9
xx-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The Town of Ahoskie may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.11
xx-307 VARIANCES
(A) Any person may petition the Town of Ahoskie for a variance granting permission to use
the person's land in a manner other,.rise prohibited by this ordinance. To qu,-IhR- for a
variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) "I'he requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
01) The Town of Ahoskie may impose reasonable and appropriate conditions and safeguards
upon any variance it grants.
(C) Statutory exceptions
Not«tithstanding subdivision (A) of this section, 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) \X7hen 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 BN111s.
(2) Wl-ien there is a lack of practical alternatives for a stormwater management
facility; a stortmwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize disturbance, provide
" From SL 2006-246, § 9(k).
10 From Virginia Stormwater Management Model Ordinance.
22

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 13R,11"s.
(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.
xx-308 ADDITIONAL. STANDARDS FOR SPECIAL SITUATIONS
(A) SA Waters
In addition to the standards for stormwater handling set out in the deli n nxuuru4
developmeal and mdmelopmew in one of the twenty Coastal Area Management Act
counties that disturbs 10,000 square feet or more of land and that is located within
one-half mile of and that drains in whole or part to class SA waters shall design and
implement the best stormwater practices that ensure reduction of fecal colifor n
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 ordinance.
(1) Pet waste
(a) Dogs At I.,argc Prohibitcd11
It shall be unlawful for the owner of any dog to allow the animal to be off the
premises of his owner and not on a leash in the Town of Ahoskie.
(b) Restrictions on pet 1\'aste
(i) It shall be unlawful for the owner or custodian of any clog to take it
off the owner's own property limits V;nthout the means to properly remove
and dispose of the dog's feces from any public or private property.
(ii) It is the responsibility of a dog's owner or custodian to clean up the
dog's feces from any public or private property outside of the dog's owner's
own property limits. Such property includes, but is not limited to, parks,
rights -of -way, paths, and public access areas.
(iii) "lVleans to properly remove and dispose of feces" shall consist of
having on or near one's person a device such as a plastic bag, or other
suitable plastic or paper container, that can be used to clean up and contain
dog waste until it can be disposed of in an appropriate container. Such a
device must be produced and shown, upon request, to anyone authorized to
enforce these ordinances.
11 Adapted from the Town of Wrightsville Beach.
23

(iv) ']'his provision shall not apply to handicapped persons assisted by
trained guide or assistance dogs.
(v) "Public nuisance" is defined to include "a clog which deposits feces
on public property or on private property' without the consent of the owner
or person in lawful possession of the private property, and the person
owning, possessing, harboring or having the care, charge, control or
custody of the dog fails to remove the feces so deposited. Provided,
however, this definition shall not apple to any dog assisting a handicapped
person.
(2) No Direct Discharge or Expansion of Discharges to 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. 2
(B) Trout Waters
In addition to the standards for handling stormwater set out in the deign manual,
development and redenelopmew that drains in,whole or part to class TR waters shall
design and implement the best stonmwater practices that do not increase receiving
water temperature, while still meeting the other requirements of this ordinance.
12 SL 2006-246, §9(h).
24

SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The Owner of each .f1maw-al BA111 installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling storrnwatcr
quality and quantity at the degree or amount of function for which the . /maurul
&W11 was designed.
(13) Annual Maintenance Inspection and Report
The person responsible for maintenance of any i'Jntaural BMP installed pursuant to
this ordinance shall submit to the Stormwater Administrator an inspection report
from one of the following persons performing sett*ices 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 Senice for Stormwater treatment practice
inspection and maintenance. The inspection report shall contain all of the following:
(1) The name and address of the land ownei;
(2) The recorded book and page number of the lot of each sliv turul BA111;
(3) A statement that an inspection was made of all shudurul N1111s;
(4) The date the inspection was made;
(5) A statement that all inspected .+lmaurul BAl1's arc performing properly and
are in compliance xvith the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certification."
13 Drawn from Wake County stompwater ordinance (based on Neuse Urban Stormwater program).
25

xx-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
;lmclural 8A411 pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment recluiring a slrwclural BillP pursuant to this ordinance, the
applicant or owner of the site must execute an operation and maintenance agreement
that shall be binding; on all subsequent owners of the site, portions of the site, and
lots or parcels served by the .rlrwilural Br11P. Until the transference of all propem',
sites, or lots served by the r1ruclural BA11), the original owner or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owneror owners to
maintain, repair and, if necessary, reconstruct the slnrrlural &VII) and shall state the
terms, conditions, and schedule of maintenance for the slrwclural BAIR In addition, it
shall grant to the Town of Ahoskie a right of entry in the event that the Stornnwater
Administrator has reason to believe it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the slruclural BA41), however, in no case shall the right
of entry, of itself, confer an obligation on the']'own of Ahoskic to assume
responsibilinv for the .rlruclural Bi1.1P.
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.t4 A
copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation. 15
(B) Special Requirement for Homeowners' and Other Associations
For all structural NV s required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association,
or similar entity, the required operation and maintenance agreement shall include all
of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facthties.
(2) l-stablishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the structural B119Ps. If sfnuclunrl BLbIPs are not
performing adequately or as intended or are not properly maintained, the
Town of Ahoskie, in its sole discretion, may remedy the situation, and in
such instances the Town of Ahoskie 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
14 Adapted from Metro North Georgia Water Management District and Stormwater Center/EPA Model
Ordinances. The requirement that owner maintain the BMP is adapted from the Town of Cary Watershed
Protection Ordinance.
15 Most of the following homeowners' association requirements are adapted from Neuse model program
provisions as adopted in Wake County.
26

repair, and reconstniction of the struclural BA4Ps, provided that the Town of
Ahoskie 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 constniction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to Fifteen (15) percent of the initial construction
cost of the slruclural BA4Ps. Two-thirds (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited v'rithin ten (I0) years
following initial construcdon of the simauralI3A411s. 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 tithe to fund the
escrow account may be varied by the 'Town of Ahoskie depending on the
design and materials of the stormwater control and management facility.
(5) Granting to the Town of Ahoskie a right of entry to inspect, monitor,
maintain, repair, and reconstruct strualoal l3A41-'s.
(0) Allo\xring the Town of Ahoskie to recover from the association and its
member's any and all costs the 'Town of Ahoskie expends to maintain or
repair the siniclural 13A4Ps or to correct any operational deficiencies. failure
to pay the Town of Ahoskie all of its expended costs, after forty-five days
written notice, shall constitute a breach of the agreement. ]n case of a
deficiency, the Town of Ahoskie shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the
lien hereby authorized by the agreement against the property, or both..
Interest, collection costs, and attorney fees shall be added to the reeoven,.
(7) A statement that this agreement shall not obligate the 'Town of Ahoskie to
maintain or repair any slmaural $A4Ps, and the Town of Ahoskie shall not
be liable to any person for the condition or operation of s mural BA4I1s.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the night of the ']'own of Ahoskie to enforce any of its ordinances as
authorized by law.
(9) A provision indemnif�,ing and holding harmless the Town of Ahoskie for
any costs and injuries arising from or related to the structural 13h-113, unless
the 'Town of Ahoskie 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.
27

xx-403 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Ahoskie may be conducted or
established on any reasonable basis, including but not limited to routine inspections;
randorn 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 BN,fPs; and evaluating the condition of BN,[Ps.t(-
if the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere ,with the Stonnwater Administrator while carrying out his or her official
duties.
xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required'?
The Town of Ahoskie 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 slivatrral 13MAs are
(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) maintained by the owneras 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 B II's approved under the perrrut, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value
of an annuity of perpetual duration based on a reasonable estimate of the annual
cost of inspection, operation and maintenance of the BN41's approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
16 Adapted from Stormwater Center/EPA and Metro North Georgia Water Management District Model
Ordinances.
17 From Virginia Model Ordinance for Stormwater Management.
28

Commentary: Use of this approach to maintenance security creates an incentive to choose the structural
BMPs that are expected to have the least costly maintenance. An example for calculating the amount of
maintenance performance security is as follows: suppose the expected annual cost of inspection, operation
and maintenance of the BMPs covered by the permit is $500 in current dollars. The security amount is (lie
present value of a perpetuity in the amount of $500, which is simply $500 divided by the real (inflation
adjusted) discount rate. The real discount rate, for these purposes, is calculated by taking a reasonable
estimate of the jurisdiction's expected return on moderately risky investments, such as the return on
corporate bonds rated Aa by Moody's, and subtracting; the expected rate of inflation. So if the jurisdiction's
expected return on moderately risk investments is 7% and a reasonable estimate of long term inflation is
2%, then the maintenance security amount would be: $500/(.07-.02) _ $500/.05 = $10,000.
Some annual maintenance cost estimates for BMPs in North Carolina are available in Wassick and Hum,
"An Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North
Carolina;" N.C. Extension Service, available online as of 3/16/05 at
http://www.bae.ncsu.edu/people/faculty/liunt/bnii2costs&bcnefits.pdf. The authors find a range from $4,41 1
annually for wet ponds to $583 for bioretention in clay or sandy soils for BMPs controlling a 10-acre
watershed, presumably in 2003 dollars. The jurisdiction should evaluate whether it will have additional
costs for inspection time and possible operation of the BMP should the owner fail to maintain the BMP.
(C) Uses of Performance Security
(1) Forfeiture Provisions
`1'he performance security shall contain forfeit -Lire provisions for failure, after
proper notice, to complete work within the time specified, Or to initiate or
maintain any actions which mav be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this ordinance, or
an operation and maintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the owner to constrict, maintain, repair and, if necessary,
reconstruct any strua vrul 13AIP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the "Town of Ahoskie 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 of Ahoskie takes action upon such failure by the applicant or owner,
the Town of Ahoskic may collect from the applicant or ownerthe difference
between the amount of rile reasonable cost of such action and the amount of
the security held, in addition to any other penalties or damages due.
's From Town of Cary Watershed Protection Ordinance.
M]

(4) Refund
\Vithin sixty (60) days of the final approval, the installation performance security
shall be refiutded to the applicant or terminated, except any amount attributable
to the cost (I-)lus 25%) of landscaping installation and ongoing maintenance
associated with the 13MI's covered by the security. Any such landscaping shall
be: inspected one (1) year after installation NN"Ith replacement for compliance with
the approved plaits and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
xx-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement , conservation casement, or
dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every struelural BAIP shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement, conservation easement, or dedication and acceptance into public
maintenance, whichever is applicable shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
\\'here appropriate in the determination of the Stormwater Administrator to assure
compliance x6th this ordinance, sinecluiUl Br1.1Ps 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.
Commentary: The intent of discretionary provision (B) is to create actual notice whenever reasonable and
useful, rather than relying solely on constructive or record notice.
xx-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The onwer of each slruilurul B11,111 shall keep records of inspections, maintenance, and repairs
for at least five (5) years from the date of creation of the record and shall submit the same
upon reasonable request to the Stormwater Administrator.19
xx-407 NUISANCE
The owner of each stormwater 13N,113, whether .slrrretural or non-struelural BA413, shall maintain it
so as not to create or result in a nuisance condition.
xx-408 MAINTENANCE EASEMENT
1?very rlm lural BMP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair by a maintenance easement. hfhe casement shall be
19 Adapted from Metro North Georgia Water Management District Model Ordinance.
30

SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the 'fown of Ahoskie.
Whenever this section refers to the Stor nwater Administrator, it includes his or her
designee as well as any authorized agent of the 'Town of Ahoskic.
(B) Violation Unlawful
Any failure to comply- with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development or i-edevelopment approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance.20
(C) Each Day a Separate Offense
teach day that a violation continues shall constitute a separate and distinct violation
or offense.71
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. persons subject to the remedies and penalties set forth herein may include
any architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner; any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or developrrmenl of the property on which the violation occurs.22
For the purposes of this article, responsible person(s) shall include but not be
limited tor23
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
20 From Town of Apex Unified Development Ordinance.
21 Adapted from Town of Cary Land Development Ordinance.
22 Adapted from Hall County, Georgia, Unified Development Ordinance.
23 An inclusive approach to "responsible persons" drawn from the Town of Apex UDO.
32

(2) Responsibility For Land or Use of Land
The oviierof the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwatcr controls or
practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, development or i-edeielopmew of
the property.
xx-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Storimvater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served by the storinwater practices in question
until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has othemise cured the violations
described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
Planning Board may disapprove, any request for permit or deielopmenl approval
or authorization provided for by this ordinance or the zoning, subdivision, and
or building regulations, as appropriate for the land on which the violation
occurs.
(3) Injunction, Abatements, etc.
1'hc Storrnwater Administrator, with the written authorization of the'l'own
Council may institute an action in a court of competent jurisdiction for a
mandatory or prohibitory injunction and order of abaternent to correct a
violation of this ordinance. Any person violating this ordinance shall be subject
to the frill range of equitable remedies provided in the General Statutes or at
common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. g
160A-193, the Sto rmwater Administrator, with the written authorization of the
'I'own Council, may cause the violation to be corrected and the costs to be
assessed as a lien against the property.
33

(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the persons)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
order may be withdrawn or modiFied to enable the person to take the necessanr
remedial measures to cure such a violation or violations.24
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the stature of a debt if the violator does not pay the
penalty W11thin 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
which Town of Ahoskie is subject for violations of its USNIP Stormwater permit, or
if no USINIP Stormwater permit exists for the jurisdiction, civil penalties mat be
assessed up to the full amount allowed by law.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
VIhenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state frilly the alleged
violation and the basis thereof, and shall be fled with the Storrrnvat.er
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.25
(C) Notice of Violation and Order to Correct
\X1hen the Stormwater Administrator finds that any building, stricture, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property owner or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessary* action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
24 Adapted from Metro North Georgia Water Management District Model Ordinance.
25 From Town of Cary Land Development Ordinance.
34

to be assessed, the time of their accrual, and the time within which they trust be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the Ahoskie Police Department, by certified or registered mail,
return receipt requested, or by any means authorized for the service of documents
by Rule 4 of the North Carolina Rules of Civil Procedure.21'
If a violation is not corrected ,xithin a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the omaer of the
land on which the violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the violation. On
determining that the request includes enough infornation to show that the violation
cannot be corrected within the specified tithe limit for reasons beyond the control
of the person requesting the extension, the Storm.,vater Administrator may extend
the time limit as is reasonably necessary to allow timely correction of tine violation,
up to, but not exceeding 120 days. ]'he Stormwater Administrator may grant one 60
day extension in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction order.27
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance.28
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safcty, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation irtunecliatcly. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
26 From Town of Apex Unified Development Ordinance.
27 From Town of Apex Unified Development Ordinance.
28 From Town of Apex Unified Development Ordinance.
35

SECTION 6: DEFINITIONS
xx-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
othcnvisc.
Built -upon area (BUA)
'That portion of a demlopmenl project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does
not include a wooden slatted deck, the xvatcr area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material.29
Department
The North Carolina Department of 1?nvironment and Natural Resources.30
Design Manual
The stormwater desi6rn manual approved for use in Phase II jurisdictions by the Deparlment
and certified by this jurisdiction and is at least as stringent as the stormwater design manual
approved for use in Phase 11 jurisdictions by the Depar?menl for the proper implementation
of the requirements of the federal Phase II stormwater program. All references herein to the
Oes,rn �Vlanlral are to the latest published edition or revision.31
Development
Any land -disturbing activity that increases the amount of buill-upon area or that otherx6se
decreases the infiltration of precipitation into the soil, 32
Division
The Division of \eater Quality in the Deparimenl.33
Floodplam
The one percent Annual Chance Floodplain as delineated by the North Carolina Floodplain
,jMapping Program in the Division of 1 mergency Management.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
29 From S.B. 1210.
"From temporary rule.
31 Adapted from North Georgia M.O.
32 From North Carolina Model Ordinance for Water Supply Watershed Protection and 15A NCAC
2B.0202(23).
33 From S.B. 1210.
37

(including but not limited to boundan, signs, lot stapes, or surveyor markings) indicating that
construction activities maN occur on a specific plot.34
1-year, 24-hour stoma
'flue 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.35
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 proper", or having legal power of
management and control of the property. "Owner" shall include long-term commercial
tenants; management entities, such as those charged NVith or engaged in the management of
properties for profit; and ever}- 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
riny development on previousl}-developed land , other than a rebuilding activity that results in
no net increase in Guilt-mpon anea and provides equal or greater stormwater control than the
previous development.
Structural Best Management Practices (BMP)
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-eevelopment hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BMP" is synonymous with "structural practice,"
"stormwater control facility," "stormwater control practice," "stormwater treatment
practice," "stormwater management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
Substantial progress
1~or the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and
approval of on -site infrastructure; or obtaining a building permit for the construction and
approval of a builchng 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. 36
3' Definition adapted from EPA Storm Water Phase 1I Compliance Assistance Guide.
35 From S.B. 1210.
36 Adapted from Town of Cary Land Development Ordinance.
38

SECTION 7: ILLICIT DISCHARGES
xx-701 ILLICIT DISCHARGES AND CONNECTIONS31
Commentary: The federal Phase 11 rule specifies that local communities shall prohibit any discharge to a
municipal separate storm sewer unless it:
-consists of a discharge pursuant to an NPDES permit; or
-consists of a discharge from fire fighting activities; or
-consists of a discharge in any of the following categories, and the operator of the small MS4 has
not identified that category as a significant contributor of pollutants to its small MS4:
Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated
ground water infiltration (as defined at 40 CFR 35.2005(20)); uncontaminated pumped ground water;
discharges from potable water sources; foundation drains; air conditioning condensation; irrigation water:
springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing;
flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; and street wash water.
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping
directly or indirectly to any stormwater conveyance, the waters of the State, or upon the land
to manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than stormwater;
provided that non-stormwater discharges associated with the following activities are allowed
and provided that they do not significantly impact water qualify:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CI'R 35.2005(20));
(0) Uncontaminated pumped ground water.;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
37 Drawn from Raleigh and Greenville ordinances.
39

(12) Water from crawl space pumps;
(13) Footiug drains;
(14) Lawn watering,
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges,
(1 8) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDLS discharge permit has
been approved and issued by the State of North Carolina, and provided that any such
discharges to the municipal separate storm sewer system shall be authorized by the "Town of
Ahoskie.
Prohibited substances include but arc not hinited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(13) Illicit Connections
(1) Connections to a stormwater conveyance or stonnwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in subsection (A)
above, are unlawful. Prohibited connections include, but are not limited to: floor drains,
waste water from washing machines or sanitary sewers, wash water from commercial vehicle
washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or any other ordinance prohibiting such
connections, the property owneror the person using said connection shall remove the
connection N6thin one year following the effective date of this ordinance. However, the
one -rear grace period shall not apple to connections which may result in the discharge of
hazardous materials or other discharges which pose an immediate threat to health and safety,
or are likely to result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. Mav result in the discharge of hazardous materials or may pose an immediate threat
to health and safety, or is likely to result in immediate injury and harm to rcai or
personal property, natural resources, wildlife, or habitat, or
b. Was made in violation of any applicable regulation or ordinance, other than this
section;
The Stormwater Administrator shall designate the time %vithin which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take
into consideration:
I. The quantity and complexity of the work,
40

2. The consequences of delay,
3. The potential harm to the environment, to the public health, and to public and
private property-, and
4. The cost of remedying the damage.
(C} Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their release or discharge,
and persons owning the property, on .which the substances were released or discharged, shall
immediately notify the Dire Chief of the release or discharge, as well as making any required
notifications under state and federal law. Notification shall not relieve any person of any
expenses related to the restoration, loss, damage, or anv other liability which may be incurred
as a result of said spill or leak, nor shall such notification relieve any person from other
liability .which ►nay be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist x6thin the cite limits or planning
jurisdiction are hereby found, deemed, and declared to be dangerous or prejudiced to the
public health or public safety and are found, deemed, and declared to be public nuisances.
Such public nuisances shall be abated in accordance with the procedures set forth in the
Ahoskie Code of Ordinances.
41

Appendix: Sources consulted or from which provisions were drawn for this Model Ordinance
Model Ordinance for Post -Development Stormwater Management for New Development and
Redevelopment (Metropolitan North Georgia Water Management District)
Model Ordinance for Water Supply Watershed (NC Division of Water Quality)
Neuse River Basin Model Stormwater Program for Nitrogen Control
Tar -Pamlico Basin Nutrient -Sensitive Waters Management Strategy
Model Stormwater Ordinance (Center for Watershed Protection, Inc. ["Stormwater Center"])
Model Stormwater Ordinance (US EPA)
Unified Development Ordinance (Hall County, Georgia)
Unified Development Ordinance (Town of Apex, NC)
Land Development Ordinance (Town of Cary, NC)
Watershed Protection Ordinance (Town of Cary, NC)
Stormwater Management Model Ordinance (State of Virginia)
Town Code of Wrightsville Beach, NC
Illicit discharge provisions: Raleigh, NC; Greenville, NC; Franklin, TN
Stormwater Management Ordinance (Wake County, NC)
This policies shall become effective May 12, 2009.
Date: 02 oZ DG 9
il
ATTEST:
Evelyri4ioward, Town Clerk
.-
r
W_2_
...
wW_�
42

4�� w A
Mr. Charles A. Hammond, Town Manager
Town of Ahoskie
Post Office Box 767
Ahoskie, North Carolina 27910
Dear Mr. Hammond:
�7�YhCarolina t
Michael F. Easley, Governor
William G. Ross Jr., Secretary
No Department of Environment and Naturil Resources
Coleen 11. Sullins, Director
Division of Water Quality
May 5, 2008
Subject: Town of Ahoskie Resolution adopting the
Universal Stormwatcr Management Program
Thank you for your letter of April 8, 2008, concerning the Town of Ahoskie resolution adopting
a stormwater policy to be based on the Universal Stormwater Management Program (USMP), begun by
the State on January 1, 2007, and available to North Carolina local jurisdictions on that day.
have also spoken with Lee Campbell of the Wooten Company concerning your program.
Ahoskie is on the right track towards establishing a USMP-compliant stormwater ordinance.
The next step in that process is for Ahoskie to adopt a USMP-compliant stormwater ordinance,
as required by the state USMP final rule. The state model USMP ordinance is found at:
http://h2o.enr.state.ne.us/su/usmp,htm. Once this model ordinance or an acceptable, similar ordinance
incorporating the provisions of the USMP final rule is adopted, we can approve the Ahoskie USMP
stormwater program. Ahoskie can then begin to issue stormwater permits for developments whose
stormwater management plans and post -construction operation and maintenance plans are in compliance
with the adopted Ahoski�SMP ordinance.
Sincerely,
William H, Diuguid, AIC
Staff Planner, Stormwater Pennitting
cc: Al Hodge, Washington Regional Office
Lee Campbell, The Wooten Company
No tliCarolina
�1VaIIIrrr11!1
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwalcruualitv.ork Location: 512 N, Salisbury St. Raleigh, NC 27604 Fax [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

1l ®wn 0f Alrll®skie
201 West Main Scrcet
Posr Office Box 767
Ahoskie, North Carolina 27910
April 8, 2008
Mr. William 1-I. Diuguid
North Carolina Division of Water Quality
Stormwater Permitting Unit
S 12 N. Salisbury Street
Raleigh, NC 27604
Re: Sewer System Improvements
Ahoskie, North Carolina
TWC No. 2277-IE
Dear Mr. Diuguid:
Phone (252) 332-,5146
Fax [phone]
The Town of Ahoskie adopted a stormwater policy August 14, 2007 which adopted new design standards
for stormwater runoff from new developments within the Town limits. The policy adopts the Universal
Stormwater Management Program (USMP) Rules to be the standard for all new developments, and states
that the peak runoff for developed land cannot exceed the pre -developed runoff for the 10 year storm.
The Town is hereby requesting from the North Carolina Division of Water Quality the authority to review
and issue permits for stormwater controls for new development within the Town Limits.
Attached to this letter are copies of the policy adopting the USMP Rules.
If you should have any questions, or require further information, please contact us.
Sincerely,
213Wammond
Town Manager
Enclosures
e z 8 — 0 5 3 /

RESOLUTION No. 2006-2007 —12
RESOLUTION TO ADOPT STORMWATER CONTROLS
FOR THE TOWN OF AHOSKIE
WHEREAS, the Town of Ahoskie is authorized to make rules and regulations
governing the control and discharge of stormwater from developments into the stormwater
system of the Town and waters of the State; and
WHEREAS, the Town of Ahoskie has recognized the need to further control
stormwater from newly developing sites within the town and Extra Territorial Jurisdiction
(ETJ) of the Town; and
WHEREAS, the State of North Carolina is in the process of developing a universal
stormwater rule and guidance manual, and the rule is currently being reviewed by the
Rules Review Commission; and
WHEREAS, this rule applies to the twenty CAMA counties within eastern North
Carolina, and the Town of Ahoskie lies within Hertford County, which is designated as a
CAMA county;
NOW, THEREFORE, BE IT RESOLVED:
That the Town Council of Ahoskie adopts, and makes it part of the stormwater
requirements, the provisions of the Universal Stormwater Rule under the consideration by
the Rules Review Commission as it applies to the Town of Ahoskie; and
That the Town of Ahoskie further requires that all new developments control the
stormwater exiting the site to a maximum discharge from the site being no greater than the
predevelopment discharge from the site using a statistical storm that has the frequency of
occurring once in a ten-year period and the storm facilities needed to achieve this be
designed in accordance with the Best Management Practices as published by the State of
North Carolina, Division of Water Quality; and _
That the Developer of the site consider the Flooding potential in a ten-year storm of
all the facilities downstream of the discharge point to a point where the area of the new
development is less than ten percent of the total area considered and has no negative
impact on upstream properties; and
That the Developer pay all fees and reimburse the Town for legal, engineering, and
other fees associated with the review, permitting, and administration of the site stormwater
approval; and
That all facilities constructed by the Developer be operated and maintained by the
owner of the facility. If maintenance is not followed through with, then the Town may back -
charge the owner of the facility to maintain the facility on behalf of the owner.
ADOPTED this the 5"' day of September 2006 on a motion made by Councilwoman
Elaine Myers, seconded by Councilman Malcolm Copeland and unanimously passed
r
i
UNDA L. LACKBURN, Mayor
ATTEST:
EVEL - HOWARD, Town Clerk

TOWN OF AHOSKIE
STORM WATER
POLICY
Adopted 8/14/07
ORGANIZATIONAL RESPONSIBILITY
Until a separate storm water division is developed, the Public Works Director will be responsible
for implementation of the Storm Water Policy including; the review of requests for service on
either private or public property. The term Public Works Director as used in this policy shall
mean the Public Works Director or his designee.
Resolution of matters beyond the Public Works Director will be made by the '[own Manager
pursuant to the general directives presented by the Town Council.
SECTION i- GENERAL
(1) The "Town shall maintain only the storm water drainage facifities which are in "town
maintained street rights -of -way; storm water drainage facilities which are in permanent storm
water drainage casements conveyed to and accepted for maintenance by tllc Town; and storm
water drainage facilities which are on Town property_ All other storm water drainage
Facilities shall be the responsibility of the property owner(s) except as provided in Section 2.
(2) `file Town of Ahoskie will not allow any work by others 'Including connections or
attachments to any Town maintained storm water drainage structure or ditch without prior
pernil and approval by the Public Works Director. All proposed new installations of or
unprovernents to driveway pipes or aprons, ditches, channels, storm drainage structures, or
diversions running immediately to, frorn, or in Town maintained rights of way or any Town
maintained storm water drainage; structure; or ditch must be reviewed by the "Down and, if
approved, installed in accordance with Town Standards and Spec]flcatlons. All permitted
improvements must be inspected by the Public Works Director prior to final approval.
(3) Where storm water drainage facilities have been placed by others within Town maintained
rights of way or within other "Town maintained storm water drainage: areas, and the Facilities
do not meet "Town Standards and Spccif'Icat'Ions, and where it is determined by the Public
Works Director that these facifilics endanger the Public or cause frequent maintenance
prob[cnis, the Public Works Director may direct that such improper facilities be removed and
that the stone water drainage facilities be brought up to nnn'Imurn Town Standards and
Specifications. In both the case of existing improper facilities constructed prior to this policy
adoption and those cases whcre improper facilities were constructed aflcr policy adoption,
the Town may require the responsible parties to remove and replace the facilities to nainimurn
Town Standards and Specifications at their sole expense and responsibility. For example,
where improper facilities were constructed prior to adoption of tills policy in a manner in
which it is unreasonable to expect that adequate drainage could be maintained as determined
by the Public Works Director or where improper facilities were constructed after the
adoption of this policy without approval of tlae Public Works Director as required by this
policy, the responsible parties shall be required to bear the expense of improvements
necessary to bring the storm water drainage fac'Illt'Ics up to gown Standards and
Specifications_

(4) New driveway aprons or driveway pipe culverts are to be installed by others in accordance
with Section 1(2) above. The Town will provide curb cuts for driveway aprons on curb and
gutter streets upon permit approval as required in Section 1(2).
(5) The North Carolina Department of Transportation (NCDOT) is responsible for
storm water drainage facilities on NCDOT rights of way, easements, or property.
(6) Erosion and sedimentation control laws of the North Carolina Pollution Control Act of 1973,
as amended, are enforced by the Washington Regional Office of the North Carolina
Department of Environment and Natural Resources (NCDENR), Land Quality Section.
(7) The prioritization of' corrective measures for the storm water problems which are the
responsibility of the Town will be based upon the following criteria:
. Loss of Life or Reduction in Public Safety
2. Major Property Damage
3_ Potential for Major Property Damage
4. Minor Property Damage
S_ Potential for Minor Property Damage
6. Minor Nuisance Flooding
(8) Where there exists a storm water drainage problem which needs to be corrected, as
determined by the Public Works Director, on public rights of way or on other "[-own
maintained storm water drainage facilities, and the adjacent property owner(s) requests
improvements over and above the minimum improvements which would be necessary to
mitigate said problem as determined by the Public Works Director, then the Public Works
Director may direct that the additional improvements be made provided that the conditions
and standards of Section 2 are met except that the property owner(s) shall be responsible for
all additional costs associated with the improvements over and above the minimum necessary
improvements. For example, where the Public Works Director proposes to correct erosion on
a street side ditch on public right of way with matting, and where the property owner prefers
that the ditch be piped, (lie Public Works Director may approve such additional work
provided the requirements of this Policy are met including the property owner(s) being
responsible for all additional costs associated with piping as opposed to matting-
(9) The Town's acquisition of Town maintained storm drainage easements and/or the cleaning,
construction, or repair by the Town of'storm water drainage facilities does not constitute a
warranty against storm water hazards, Including, but not limited to, flooding, erosion, or
standing water_
SECTION 2 - WORK ON PRIVATE PROPERTY
The Town will clean, repair, or construct storm wafer drainage facilities on private property only
when their is imminent public danger as determined by the Publie Works Director or when there
is sonic public benefit as determined by the Alioskie Town Council_
The following conditions and standards shall apply to all such work:
Owners of all property on which the stream or ditch lies or which is adjacent to that
portion on which the work is to be performed must Sion a petition, oil a form prescrii}ed

by the Public Works Director, requesting the work and giving permission to enter their
property for such purpose. The `town shall determine on what portion of the stream or
ditch the work shall be performed to effectuate the efficient and safe flow of water.
All such owners of property shall be responsible for removing any obstructions, objects,
or vegetation that the Town deems necessary or convenient to perform the work_
Alt such owners shall agree to hold harmless the Town and its agents, employees, or
contractors from any and all liability of any nature for personal injury, property damage,
or any other form of damage arising out of the work_
The Town will be responsible for all engineering and plans for the work, including scope
of the work, means of performing it, schedule, and size and type of any materials
necessary to perform the work.
The property owner(s) shall be responsible for providing all materials deemed necessary
to perform the work.
The maximum size of any pipe installed under this policy shall be 42 inches RCI'
Phis service shall not apply to new construction projects or developments.
This service shall not apply to improvements proposed to be made within Special Flood
! lazatrd Areas as identified by the Flood Insurance Rate Maps for the'fown ol'Ahoskic.
'Phis service does not constitute acceptance of responsibility by the 'Down for the
existence of particular storm drainage problems, or acceptance of dedication, ownership,
or future maintenance responsibility concerning any stream or ditch or any other area of'
private property. This service by the "town is for the assistance of' private property
owners concerning storm drainage problems on their property, which if improved, would
also have a public benefit.
SECTION 3 - INTERGOVERNMENTAL COORDINATION
It is the intent of this policy, as set forth, to complement and not to conflict with the requirements
of other local, state, or federal laws. In all cases the Most restrictive limitation or requirement or
the requirement causing the highest standard of improvement shall govern.
SI,CTI0N 4-SEVi?RABILITY
If any section or sections of this policy islare held to be invalid or uncnforccable, all other
sections shall nevertheless continue in frill force and remain in effect.
_ OL
ndy . Blackburn, Mayor Li
Attest-,
Evelyn F ward, "town Clerk