CASWELL BEACH_COMPLETE FILE - HISTORICAL_20120223

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_ S J j
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑ o�- C' ��- D�
YYYYMMDD

Srf
Universal Stormwater Management Program
Local Ordinance Provision Checklist
Z 2.3/%t-
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref.
1
Coastal:DWQ to administer coastal local USMP ordinance, in whole or in part? a
2
Non -Coastal:Application to Dev disturbing 1 ac or more, 1/2 non-resid or less than I ac but part of larger co on plan a 12
L
ASV
3
Coastal:Ap lication to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
4
Desi nation of Stormwater Administrator 24
X
5
Effective date of Stormwater Ordinance 17
6
Stormwater Permit Requirement /5 It Z PR 0C M.D24Af — EOS 20
.
7
BMP Desi n Manual ADS Ta R�FrE 1C,E NeE Gb ' 2 P A9 S/G MAAW L 15
8
Concept Plan and Consultation'Meetin 23
9
Non -coastal: Requires control of runoff from at least the first one inch of rainfall d 29
10
Coastal: Requires control of runoff from at least first one and one half inch of rainfall d 29
111130
foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 28
12
1 Non -Coastal: No development in the 1 % chance flood lain 28
)C
13
Coastal:36 percent impervious density limit within 575 feet of SA waters d 29
X
14
Removal of 85% Total Suspended Solids f 29
X
15
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 29
16
Post -development discharge rate equal to or less than pre -development rate for the 1 year, 24 hour storm f 29
17
Meets State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
>C
18
Time limitlex iration of approval 25
X
19
As -Built Plans a ent 25
20
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/approved plans h 29
*
21
Operation and Maintenance Plan and Deed Recordation and Indications On Plat 1 35,39
*
22
Annual Inspection Report Requirement i 34
A
1 23
Coastal:lf 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures (1) 31
x
24
Coastal -.No new sw discharge points to SA waters or expansion of existing sw conveyance s st. draining to SA waters j (2) 33
X
25
Coastal:Diffuse flow of stormwater providing eff. infiltration of 1 r, 24 hr storm not considered a direct point of sw discharge j (2) 33
Zip,
26
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
27
Stormwater Map showing eo ra hic ordinance covers ge & location of all structural BMPs permitted under ordinance 13
28
Definitions Section 'TO M c-M J>W .SW P9 Fjkl 11-1-0&I-S 46

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for r6view only do not copy or
distribute without express authorization
Universal Stormwater Model Ordinance for North
Carolina
By Richard Whisnant
UNC School of Government
LJNC
,�� ENVIRONMENTAL FINANCE CI'sNTrR

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
Revision history
This model ordinance implements the Stormwater standards in the Universal Stormwater Management
Program, 15A N.C.A.0 21-1.1020, as passed by the Environmental Management Commission in November
2006. It follows the administration process, maintenance and enforcement requirements of the Phase 11
Stormwater Model Ordinance, 1/1/2007 version.

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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Table of Contents
Universal Stornnvater Model Ordinance for North Carolina .......................................... 1
SECTION 1: GENERAL PROVISIONS ..........................................................................
8
.rr-101
Title.....................................................................................................................8
x_r-102
Authority.............................................................................................................8
.-r-103
Findings..............................................................................................................9
.rx-104
Purpose...............................................................................................................9
(A)
General...............................................................................................................9
(H)
Specific.............................................................................................................l0
.ter-105
Applicability and Jurisdiction..........................................................................
11
(A)
General.............................................................................................................12
(B)
Exemptions......................................................................................................
12
(1)
'Thresholds.....................................................................................................
12
(2)
General exemption........................................................................................
13
(C)
No Development or Redevelopment Until Compliance and Permit...........
13
(D)
Map...................................................................................................................13
.rx-106
Interpretation...................................................................................................
13
(A)
Meaning and Intent.........................................................................................
13
(B)
'Text Controls in Event of Conflict................................................................
14
(C)
Authority for Interpretation..........................................................................
14
(D)
References to Statutes, Regulations, and Documents ..................................
14
(E)
Computation ofTime ......................................................................................
14
(F)
Delegation of Authority..................................................................................
14
(G)
Usage................................................................................................................
14
(1)
Mandatory and Discretionary Terms............................................................
14
(2)
Conjunctions.................................................................................................
14
(3)
Tense, Plurals, and Gender...........................................................................
15
(II)
Measurement and Computation....................................................................
15
rr-107
Design Manual.................................................................................................
15
(A) Reference to Design Manual........................................................ ..................
15
(B) Relationship of Design Manual to Other Laws and Regulations ............... 15
(C) Changes to Standards and Specifications..................................................... 15
(D) JAmendments to Design Manual]................................................................. 16
.vw-108 Relationship to Other Lam, Regulations and Private Agreements ............... 16
3
1

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(A) Conflict of Laws.............................................................................................. 16
(B) Private Agreements......................................................................................... 17
xx-I09 Severahility.......................................................................................................17
xx-110 Effective Date and Transitional Provisions.................................................... 17
(A) Effective Date.................................................................................................. 17
(B) Final Approvals, Complete Applications...................................................... 17
(C) Violations Continue........................................................................................ 18
SECTION 2: ADMINISTRA TION AND PROCEDURES ............................................ 19
x-r-201 Review and Decision -Making Entities............................................................ 19
(A) Stormwater Administrator............................................................................ 19
(1) Designation................................................................................................... 19
(2) Powers and Duties......................................................................................... 19
xx-202 Review Procedures........................................................................................... 20
(A)
Permit Required; Must Apply for Permit ....................................................
20
(B)
Effect of Permit...............................................................................................
20
(C)
Authority to File Applications.......................................................................
20
(D)
Establishment of Application Requirements, Schedule, and Fees .............
21
(1)
Application Contents and Forrn....................................................................
21
(2)
Submission Schedule....................................................................................
21
(3)
Permit Review Fees......................................................................................
21
(4)
Administrative Manual.................................................................................
22
(E)
Submittal of Complete Application...............................................................
22
(F)
Review..............................................................................................................
22
(1)
Approval ......................................................................................................
22
(2)
Fails to Comply.............................................................................................
22
(3)
Revision and Subsequent Review.................................................................
23
.rx-203
Applications for Approval................................................................................
23
(A)
Concept Plan and Consultation Meeting ......................................................
23
(1)
Existing Conditions / Proposed Site Plans ....................................................
24
(2)
Natural Resources Inventory.........................................................................
24
(3)
Stormwater Management System Concept Plan ...........................................
24
(B)
Stormwater Management Permit Application .............................................
24
(C)
As -Built Plans and Final Approval...............................................................
25
(D)
Other Permits..................................................................................................
25
xx-204
Approvals..........................................................................................................25
(A)
Effect of Approval...........................................................................................
25
4

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(B)
Time Limit/Expiration....................................................................................
25
xr-205
Appeals.........................................................................................................:...
26
(A)
Right of Appeal...............................................................................................
26
(B)
[Filing of Appeal and Proceduresl.................................................................
26
(C)
[Review by Superior Court[...........................................................................
26
SECTION3: STANDARDS............................................................................................
28
-cr-301
General Standards............................................................................................
28
--r-302
impervious surface requirements....................................................................
28
(A)
Setback requirement.......................................................................................
28
(B)
No new impervious or partially pervious surface in floodplain .................
28
(C)
[Land draining to shellfish waters.................................................................
28
(D)
[Development in Critical Area of Water Supply Watersheds ....................
29
.v.r-303
structural storinwater control requirements...................................................
29
.v.r-305
Standards for Storm water Control Measures .................................................
29
(A)
Evaluation According to Contents of Design Manual .................................
29
(B)
Determination of Adequacy; Presumptions and Alternatives ....................
30
(C)
Separation from Seasonal High Water Table ..............................................
30
.v-r-306
Dedication of BMPS, Facilities & Improvements ..........................................
30
.r_r-307
Varian:ceS.........................................................................................................30
.r.r-308
Additional standards for special situations.....................................................
31
(A)
[SA Waters [....................................................................................................
31
(1)
[Pet waste].....................................................................................................
32
(2)
No Direct Discharge or Expansion of Discharges to SA Waters ..................
33
(B)
[Trout Watersj................................................................................................
33
SECTION 4: MAINTENANCE.......................................................................................
34
,v-r-401
General Standards for Maintenance...............................................................
34
(A)
Function of BMPS As Intended......................................................................
34
(B)
Annual Maintenance Inspection and Report ...............................................
34
.rx-402
Operation and Maintenance Agreement.........................................................
35
(A) In General........................................................................................................ 35
(B) Special Requirement for Homeowners' and Other Associations ............... 35
v-403 Inspection Program.......................................................................................... 37
.rr-404 Performance Security for Installation and Maintenance .............................. 37
5

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(A) May Be Required............................................................................................ 37
(B) Amount.............................................................................................................37
(1) Installation..................................................................................................... 37
(2) Maintenance..................................................................................................37
(C) Uses of Performance Security........................................................................ 38
(1) Forfeiture Provisions..................................................................................... 38
(2) Default...........................................................................................................38
(3) Costs in Excess of Performance Security ..................................................... 38
(4) Refund...........................................................................................................39
xx-405 Notice to owners............................................................................................... 39
(A) Deed Recordation and Indications On Plat .................................................. 39
(B) Signage............................................................................................................. 39
.vx-406 Records of Installation and Maintenance Activities ....................................... 39
xr-407 Nuicance...........................................................................................................39
xx-408 [Maintenance Easement.................................................................................. 40
SECTION 5: ENFORCEMENT AND VIOLA TIONS................................................... 41
xx-501 General.............................................................................................................41
(A) Authority to Enforce....................................................................................... 41
(B) Violation Unlawful..........................................................................................41
(C) Each Day a Separate Offense......................................................................... 41
(D) Responsible Persons/Entities.......................................................................... 41
(1) Person Maintaining Condition Resulting In or Constituting Violation ........ 42
(2) Responsibility For Land or Use of Land ....................................................... 42
x_r-502 Remedies and Penalties................................................................................... 42
(A) Remedies.......................................................................................................... 42
(1) Withholding of Certificate of Occupancy..................................................... 42
(2) Disapproval of Subsequent Permits and Development Approvals ............... 42
(3) Injunction, Abatements, ctc.......................................................................... 42
(4) Correction as Public Health Nuisance, Costs as Lien, etc ............................ 43
(5) [Stop Work Order......................................................................................... 43
(B) Civil Penalties.................................................................................................. 43
(C) Criminal Penalties........................................................................................... 44
xx-503 Procedures........................................................................................................44
(A) Initiation/Complaint....................................................................................... 44
(B) Inspection.........................................................................................................44
(C) Notice of Violation and Order to Correct ..................................................... 44
0

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(D) Extension of Time ........................................................................................... 45
(E) Enforcement After Time to Correct.............................................................. 45
(1+) Emergency Enforcement................................................................................ 45
SECTION 6: DEFINITIONS......................................................:................................... 46
-v.C-601 Terms Defined..................:............................................................................... 46
Built -upon area (BUA)............................................................................................... 46
Department.................................................................................................................. 46
DesignManual............................................................................................................. 46
Development........................................................................:........................................ 46
Division......................................................................................................................... 47
Floodplain.................................................................................................................... 47
Larger common plan of development or sale........................................................... 47
1-year, 24-hour storm................................................................................................. 47
Owner........................................................................................................................... 47
Redevelopment............................................................................................................ 47
StructuralBMP...........................................................................................................47
Substantialprogress.................................................................................................... 48
/SECTION 7: Illicit Discharges...................................................................................... 49
rv-701 Illicit Discharges and Connections................................................................. 49
(A) Illicit Discharges.............................................................................................. 49
(B) Illicit Connections........................................................................................... 50
(C) Spills..............................................................................:.................................. 51
(D) Nuisance...........................................................................................................51
7

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SECTION 1: GENERAL PROVISIONS
Commentary: Throughout this model ordinance, the bold underlines serve as prompts where text that is
appropriately customized for the locality should be inserted. For example, where "name of eovemine
board" is indicated in the blank, the name of the local governing body — for example, "Tarheclville City
Council" or "Dogwood County Commission" — should be inserted.
Commentary from the drafters of the model ordinance are placed in boxes such as this. These comments
should be removed from the ordinance text actually adopted; they arc not part of the ordinance itself.
Optional provisions are provided throughout this document and are intended to address the diverse needs of
local government depending on characteristics such as population, financial resources, and staffing
resources. Optional provisions are shown in [brackets] and generally are accompanied by some explanation
in the commentary.
f adopted in its entirety, either with or without the optional provisions, this ordinance is designed to ensure
that communities comply with Phase II post -construction requirements along with the other North Carolina
state stormwater requirements listed in the Universal Stormwater Management Program (USMP) rule, 15A
N.C.A.C, 2".1020(b). Local governments may make changes to or omit any of the model's provisions, but
the resulting non-standard ordinance will have to be reviewed and approved by the Division of Water
Quality of the North Carolina Department of Environment and Natural Resources before USMP
compliance is assured.
Defined terms are shown in italics. The definitions section of the ordinance is at the end.
Footnotes give information on the original source of the text language. Note that changes may have been
made in the source language to better match North Carolina's needs.
xx-141 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 (name of govemi% bouWl 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;(name of mwiici charter, relev ; North Carolina General Statutes 143-214.7
and rules promulgated bythe Environmental Management Commission thereunder, Session
Law 2006-246; Chapter 160A, §§ 174, 185 and (cite any special legislation a12121icable to the
specific local government. [; as well as Chapter 113A, Article 4 (Sedimentation Pollution
Contro1j; Article 21, Part 6 (FloodwayRegulation) [; Chapter 160A, Article 19 (Planning
and Regulation of Development); Chapter 153A, Article 18].
Regarding this section which recites authority for this ordinance: Some jurisdictions may wish to integrate
this ordinance with a local erosion and sediment control ordinance, in which case adding the reference to
Chapter 113A is appropriate. Some jurisdictions may wish to integrate this ordinance with existing
floodway regulations, in which case adding the reference to Chapter 143, Article 21, Part 6 is appropriate.
Note that both the erosion and sediment control and floodway regulations are appropriate for integration
with USMP stormwater controls, but each of these programs has particular requirements (bat are not
covered in this model ordinance.
0

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Local governments that anticipate including a program of open space acquisition as part of their stonmwater
program should include a reference to statutory authority for that function here as well (Article 19, Part 4,
Chapter 160A, as well as G.S. 160A-372).
Jurisdictions that are adopting this ordinance as part of a land use ordinance or unified development
ordinance should include a reference to statutory authority for planning and regulation of development
(Chapter 153A, Article 18 (Parts 1, 2, and 3), including particularly but not limited to G.S. 153A-324
(enforcement), G.S. 153A-330 and 331 (subdivision), and G.S. 153A-340 (zoning),
Whether or not this ordinance is adopted as part of land use regulations, local governments should follow
the standards for adoption/amendment of such ordinances set out in G.S. 153A-323 (for counties) and G.S.
160A-364 (for cities) (requiring a public hearing)
xx-103 FINDINGS
It is hereby determined that:
Deu ,rrt and nxleuhpau 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 stonnwater runoff from dezeigvL-u sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase I I Stonnwater 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
stormwater controls such as those included in this ordinance.
The preceding paragraph should not be included by a jurisdiction that is adopting this ordinance without
having been designated as subject to the Phase 11 state and federal stormwater requirements.
I'llerefore, the (name of governing board) establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge. t
xx-104 PUIU'OSF
(A) General
The ptupose 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-&-akrnrx7u stormwater
runoff and nonpoint and point source pollution associated with new ck-z�,w and
t Adapted from Stormwater Center/EPA Model Ordinance.
(i

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rtkm&pnrrn [as well as illicit discharges into municipal stormwater systems]. It has
been determined that proper management of construction -related and post-
dezcpn�;,u 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.
Commentary: The optional reference to illicit discharges should be included only if the jurisdiction is
using this ordinance to add to or integrate its powers to regulate illicit discharges into the municipal
stormwater system. Illicit discharge control is one of the six required minimum measures of Phase II
stormwater programs; Phase II communities must implement an illicit discharge program. But the timing
and approach to illicit discharge controls may vary from the timing and approach to post -construction
stormwatcr control, which is the required Phase II minimum measure at which this model ordinance is most
directly aimed. A separate set of model provisions for illicit discharge control is provided in optional
section 8 of this ordinance.
The other minimum measures mandated in Phase II stormwater programs — public education and outreach;
public participation and involvement; construction site runoff control; and pollution prcventionlgood
housekeeping — should also be pursued by the jurisdiction as part of its Phase II program.
(B) Specific
Commentary: The locality adopting the ordinance may wish to supplement the objectives included below,
depending on the nature of its stormwater program and specific local needs. This list is a general set of
objectives to reduce the impacts of post -development stormwater runoff quantity and quality from land
development activities. More specific objectives might be included by the locality adopting the ordinance
based upon a watershed management plan, impervious surface targets, the findings of a watershed
assessment or study, a local water quality problem or Total Maximum Daily Load ("fMDL) requirement.
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for deuioprav that protect the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new &ukpm�,n and nykviepmv maintain the pre-dezdgwrr&
hydrologic response in their post-deuigp,r� state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minimum post-dezdop ra 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 strzrcrwal stonrmterBMA that may be used to meet the minimum post-
&x4pm-7g 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;
10

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Commentary: The term "maximum extent practicable" is not defined in the federal Phase 11 rule or the
temporary state rule. However, the commentary accompanying the federal rule clarifies that the "maximum
extent practicable" standard should be applied in a site -specific manner taking into account cost
considerations as well as protection of water quality. It appears, therefore, that a site -specific review should
be performed to ensure that vegetated conveyances in low -density projects meet this standard.
6. Establishing provisions for the long-term responsibility for and maintenance
of stnurural and m9zmarura1sumrneauerBMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval
and disapproval of sto nzwerrmnaFrrru plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
[8. Coordinating site design plans that include open space and natural areas with
the (name of the open space and natural areas protection plan of the local
Eovernment, or the section of its comprehensive plan dealing with open
space/ natur-►l areas, if applicablel.]a
[9. Controlling illicit discharges into the municipal separate stormwater system.]
[10. Controlling erosion and sedimentation from construction activities.)
[11. Assigning responsibility and processes for approving the creation and
maintenance of adequate drainage and flood damage prevention measures.]
Commentary: Optional provisions 8, 9, 10 and l 1 are appropriate only if the jurisdiction is integrating this
model ordinance with existing programs for open space protection, illicit discharge control, erosion and
sediment control for construction, and/or fioodway and related drainage regulation. Any such existing
programs may be good candidates for inclusion in an integrated stormwater ordinance, which would have
the advantage of collecting most or all the relevant stormwater-related development requirements in a
single place. However, this model ordinance does not attempt to provide comprehensive substantive
provisions for these programs.
xx-105 APPLICABILITY AND JUKISDICfION
Commentary: The applicability mandate in the IJSMP rule (15A NCAC 2H.0120) varies for counties
within versus outside the twenty -county Coastal Area Management Act jurisdiction.
Vested rights should be determined as provided in G.S. 160A-385.1, G.S. 153A-344.1, and other
applicable provisions of statutory and common law. To the extent that post -construction measures are
implemented by means other than a zoning ordinance, vested rights should be determined as provided by
applicable statutory and common law.
2 Adapted from Metropolitan North Georgia Water Planning District Model Ordinance.
11

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(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all &uAp=n and n &a&pm?r, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
(1) Thresholds
[The first set of exemptions given below is for development within the twenty -county Coastal Area
Management Act jurisdiction. Units adopting this ordinance should choose either these first exemptions, if
they are within the CAMA counties, or the second exemptions, if they are outside the CAMA counties:
[Dew&pr1r t that cumulatively disturbs less than ten thousand square feet of land and
is not part of a la7r autumn plan qfck-dopm3, t or sale is exempt from the provisions of
this ordinance.
Radez� that results in no net increase in built -upon arw and provides equal or
greater stormwater control than the previous development is exempt from the
provisions of this ordinance]
The second set of exemptions given below are for development outside the twent}-county Coastal
Area Management Act jurisdiction. The adopting unit should choose either the first (above) or
second (below) set of exemptions.
(Residential &uYgvnm7n that cumulatively disturbs less than one acre and is not part
of a &7Wr c man plan g{&ulgc r r orsA and non-residential &uigpm?�u that
cumulatively disturbs less than one-half acre and is not part of a largrr avrmzm plan cf
dez&pn orsale is exempt from the provisions of this ordinance.
Rakzelgtrrrrru outside the f lain that results in no net increase in built -upon arm and
provides equal or greater stormwater control than the previous development is
exempt from the provisions of this ordinance
Re kz n of residential structures that results in no net increase in built-uponarw
and provides equal or greater stormwater control than the previous development is
exempt from the provisions of this ordinance whether or not within the flwrlplaIM
R&kz� of non-residential structures that disturbs less than one-half acre, that
is not part of a larger c rwm plan of &uloprmr or salt that is within the flmc lain, and
that results in no net increase in built -upon area and provides equal or greater
stormwater control than the previous development is exempt from the provisions of
this ordinance.
Dezelopnx-rn and rr iu&pnvr that disturb less than a stated area threshold are not
exempt if such activities are part of a la7rctp rwi plan g(&v vpmir orsale that
12

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exceeds the area threshold, even though multiple, separate or distinct activities take
place at different times on different schedules.3
(2) General exemption
Activities that are exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 C7~R 232 (primarily, ongoing fanning and
forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No &ukpmir or nykuiq�v� shall occur except in compliance with the provisions
of this ordinance or unless exempted. No do zwrn for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the perrnit.
(D) Map
Commentary: The geographic coverage area is determined by reference to the standards in Session Law
(SL) 2006-246., The Division has created a geographic information system (GIS) that can be used in
conjunction with local GIS data to show jurisdictional limits. Local governments that adopt this ordinance
in whole or part should consider designing their maps so as to integrate easily with this Division GIS.
The provisions of this ordinance shall apply within the areas designated on the map
titled "USMP Stormwater Map of name of local govemmentl, North Carolina"
("the Stormwater Map"), which is adopted simultaneously herewith. The
Stormwater Map and all explanatory matter contained thereon accompanies and is
hereby made a part of this ordinance 4
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all smiaural BMPs permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or BMP shall be detennined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
Commentary: Each local government should consider whether to use existing rules of interpretation, if any
are in current use for other ordinances, or whether to adopt the ones provided here. If the local government
uses existing rules, they should be fully reviewed for their potential effect on the application of this
ordinance.
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in (name of mtmicipalit, s or counts code of ordinances), the meaning
" Adapted from the North Georgia Model Ordinance.
4 Adapted from North Carolina Model Watershed Protection Ordinance.
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and application of the term in this ordinance shall control for purposes of
application of this ordinance.5
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
ordinance. Any person may request an interpretation by submitting a written request
to the Stormwater Administrator, who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the DesignMar4, 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.
(F-) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the (aamm 2LLcal,zovemment), the deadline or
required date of action shall be the next day that is not a Saturday, Sunday or holiday
observed by the (name of local government.. References to days are calendar days
unless otherwise stated.
(F) Delegation of Authority
Any act authorized bythis Ordinance to be carried out by the Stormwater
Administrator of (name of local government) may be carried out by his or her
designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "may"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
5 Provisions A through H were adapted from Town of Cary Land Development Ordinance.
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conditions, provisions and events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
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 DaignMamral as the basis for
decisions about stormwater pennits and about the design, implementation and
pe rformance of str iawal and mn-structural stom=ter BMPs.
The Da,gnMamd includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these.
design and sizing criteria will be presumed to meet the minimum water quality
perfonnance standards of the Phase I and other applicable stormwater laws 6
(B) Relationship of Design Manual to Other Laws and Regulations
Commentary: This provision is intended to prevent a situation where another, less stringent standard has
the force of law, and might be interpreted as overriding the design manual if the manual does not have the
force of law — for example, where a community has an enacted standard for storm sewers that are to be
accepted into the public maintenance system, and this enacted standard is less stringent than the guidelines
in the design manual.
If the specifications or guidelines of the DcsignMarmal are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the DaignMamial.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the DcsignMarnral are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
control and shall be utilized in reviewing the application and in implementing this
ordinance with regard to the application.
G From Stormwater Center/EPA Model Ordinance.
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(D) [Amendments to Design Manual]
Commentary: This optional section would be relevant if a special local design manual is in use.
[The Design Manual maybe updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local
conditions, or local monitoring or maintenance experience?
Prior to amending or updating the DesimManual, proposed changes shall be
generally publicized and made available for review, and an opportunity for comment
by interested persons shall be provided.]
xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
Commentary: This is a standard legal provision that generally provides that the stricter law or regulation
will control in the event of conflict.
From a policy rather than a legal perspective, it should be noted that ordinances and standards in many
communities may interfere with effective site design and planning for stormwater management. Some
examples may include:
Excessive curb & gutter requirements that increase directly connected impervious areas
discharging directly into the stormwater conveyance system
• Street design standards that provide for overly generous pavement widths in low -traffic areas
• Minimum residential lot sizes and other ordinance provisions that hinder sensitive site layout designed
around riparian buffers, conservation of open space and clustered development.
• Oversized minimum parking requirements that result in large paved parking lots
• Building codes that add to the cost of rehabilitating older buildings, prevent adaptive re -use in existing
urbanized areas or promote greenfield development
• Nuisance code provisions that limit vegetation height and restrict wildlife habitat
Thus, many common development standards tend to promote the creation of impervious surface and
encourage sprawling, low -density land use patterns that actually worsen stormwater problems, especially
when viewed at the watershed scale.
Each jurisdiction will need to consider its standards and ordinances in light of their effects on stormwater
runoff. For example, curb & gutter policies may need to be reformulated to allow alternatives that let
stormwater flow across vegetative strips before it is sent to the stormwater conveyance system; planting
islands may be required to limit the impervious surface in cul-de-sacs; and smaller lot sizes with cluster
provisions can permit open space in yards to be reconfigured as preserved common open space. A number
of North Carolina cities and counties have adopted the new "Rehab Code" which provides adjusted
building code standards to promote the re -use of older buildings (information available at
www.ncrehabcode.com).
If possible, communities should undertake a comprehensive review of their policies and standards with the
involvement of planning and zoning staff, public works or engineering personnel, and the Stormwater
Administrator, with the goal of reducing regulatory barriers and enabling designers to develop plans that
deal with stormwater in the most environmentally sound and cost-effective ways.
7 Adapted from Metro North Georgia Water Management District and Stormwater Center/EPA Model
Ordinances.
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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. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control s
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
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 (name of local P-overnment) be
obligated to enforce the provisions of any easements, covenants, or agreements
between private partiesy
xx-109 SE VE RABILITY
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 200_
(B) Final Approvals, Complete Applications
All &bdgprrrcrrt and rA-zdopn= projects for which complete and full applications
were submitred and approved by the (name of local government) prior to the
effective date of this ordinance and which remain valid, unexpired, unrevoked and
not otherwise terminated at the time of &uigpr t t or nTk-aYqprm-nt shall be exempt
from complying with all provisions of this ordinance dealing with the control
ion runoff, but shall be required to comply
and/or management of post-construct
with all other applicable provisionsG including but not limited to illicit discharge
provisions].
Commentary: As noted, illicit discharge provisions are optional for this ordinance, although a Phase I1
community must address illicit discharges through a legal mechanism as one of the six minimum measures
required by Phase 11. If included in this ordinance, then the last phrase should be added. If the ordinance is
adapted by the local jurisdiction to incorporate additional components in addition to post -construction
B from Metro North Georgia Water Management District Model Ordinance.
4 Adapted from -town of Cary Land Development Ordinance.
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runoff control and illicit discharge, the paragraph above should be revised to reflect the applicable
provisions (as in the case of illicit discharge) regardless of when a complete application was submitted and
accepted.
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a mittimum, the boundaries of the project and
a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.10
(C) Violations Continue
Anyviolation 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, chuioprtm, construction, or other
activity complies with the provisions of this ordinance."
10 SL 2006-246.
" Adapted from Town of Cary Land Development Ordinance.
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SECTION 2: ADMINISTRATION AND PROCEDURES
Commentary: Jurisdictions should consider how to coordinate the stormwater review process with local
land development approval procedures. Activities that trigger stormwater review can occur earlier than
activities that trigger a zoning permit or preliminary subdivision plat, and so the stormwater permit review
should occur earlier than a building permit or a zoning permit (sometimes called a "change -in -use
approval," "certificate of zoning compliance" or similar name). Communities that administer their own
grading permit, or that rely on a state -issued erosion and sedimentation control plan approval, should
ensure that stormwater permit review occurs prior to or in conjunction with that grading or sediment and
erosion control plan approval.
In some cases, a stormwater plan for a subdivision may require revision when the preliminary subdivision
plan is finalized. One approach to managing the process would be to require an initial stormwater approval
as a prerequisite for preliminary plat approval; then after the preliminary plat has been approved, the final
stormwater permit can be approved, provided that nothing has happened in the preliminary plat stage to
compromise the stormwater design. Alternatively, the final stormwater permit could be obtained in
advance, and the subdivision review process could require a signoff from the Stormwater Administrator
affirming that the plat is consistent with approved stormwater plans.
xx-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Adtninistr for shall be designated by the (name of governing
board) to administer and enforce this ordinance.
Commentary: The person designated as the Stormwater Administrator will need to have the technical
background and expertise to carry out the duties outlined in the ordinance. It may be necessary for some
communities to contract out the position either to another local government or possibly to a private entity.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the (name of local municipal or county code) and other laws, the Stormwater
Administrator shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the (name of governing board) on applications for
derelop or a TL&prrxzr2 approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
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e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the (name of governing
board and, if a stormwater board is gstablfished. the name ,of,that board
as well), upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
xx-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all dezdopmr,z and rakukpnzyn unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(B) Effect of Pen -nit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including stnxuffal BMA
and elements of site design for stormwater management other than stma=al BMPs.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the deziTrr�7z or mi-zdq�r� site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured bythe maintenance provisions of this ordinance.
Commentary: This provision mandates a permit for stormwater management on all non-exempt sites. Both
structural BMPs and site design are covered by the permit review and approval. For example, if a site uses
primarily low -impact development rather than specific BMPs to manage and control stormwater runoff, the
design and layout are subject to review and approval under a stormwater permit, just as are the design and
layout of BMPs.
However, as the provision makes clear, the permit is for the construction period only and does not normally
endure past post -inspection approval. Ongoing maintenance of BMPs is ensured by Section 4,
Maintenance, which gives specific requirements for ongoing operation and maintenance, including a
recorded O&M agreement that is binding on subsequent owners, annual inspections, reporting, and record -
keeping requirements.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land azurr or the land uzenL7's duly authorized agent.
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Commentary: The local government may choose to treat stormwater applications by persons other than the
owner/sole owner in the same way that other such applications (such as zoning requests and variances) are
treated.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator [Stormwater Advisory Board] shall establish
requirements for the content and form of all applications and shall amend and
update those requirements from time to time. At a minimum, the stormwater
permit application shall describe in detail how post-ck-ue gpnz-a stormwater
runoff will be controlled and managed, the design of all stormwater facilities
and practices, and how the proposed pro)ect will meet the requirements of this
ordinance.
(2) Submission Schedule
The Stormwater Administrator [Stormwater Advisory Board] shall establish a
submission schedule for applications. The schedule shall establish deadlines by
which complete applications must be submitted for the purpose of ensuring
that there is adequate time to review applications; and that the various stages in
the review process are accommodated.
[Optional pn nrsiorz Replace first sentence with "The Stormwater Administrator
shall establish a submission schedule for applications, which shall be reviewed
and approved bythe (name of governing board) fStormwater Advisory Board].]
(3) Permit Review Fees
The (name of governing board) 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 f rom time to time.
Commentary: l-ces for State stormwater permits are limited under G,S. 143-215.3D to $420. The
jurisdiction should consider whether to use this same limit in order to be consistent with state -issued
permits. Alternatively, under the reasoning of Homebuilder's Association v. Charlotte, 336 N.C. 37 (1994),
which upheld the inherent power of North Carolina local governments to charge fees to cover the costs of
regulatory programs, the jurisdiction could analyze the full costs of its Universal and set its ices at some
reasonable level that is expected to cover those costs.
Commentary: fees for application review should be distinguished from fees or user charges that a
jurisdiction may want to impose as a means of paying for its ongoing stormwater program as a "public
enterprise" (also known as a "stormwater utility"). North Carolina law allows the imposition of'such fees
and charges, but only with the process and limits set out at G.S. § 160A-314. The best practice for all
jurisdictions adopting this ordinance or similar Phase II ordinances would be to schedule and hold a public
hearing in accordance with § 160A-314, whether or not user fees will be assessed to pay for the stormwater
program. This ordinance does not attempt to set out the additional provisions that would be needed to
create a stormwater utility.
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(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
Commentary: The Administrative Manual may be as simple as a three-ring binder containing in one place
the updated master versions of the ordinance, fee schedule, application requirements, submission schedule,
and so on. Copies of the information can be made available to the public as photocopied handouts or simple
brochures at the permit counter, clerk's office, or other convenient location.
(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
[Within _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.
Commentary: The time limitation here and in subsection (3) below is optional. The adopting local
government may wish to consider allowing increased flexibility in review times for a period of time
immediately following adoption of the ordinance, as both staff and applicants adjust to the new
requirements.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) 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.
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(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator [within working days] after its re -submittal and shall be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee for a new submittal.
One re -submittal of a revised application maybe submitted without payment of
an additional permit review fee. Any re -submittal after the first re -submittal
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
Commentary; Some local governments may prefer not to allow the first re -submittal without requiring the
additional fee. The policy choice is up to the local government and may be adjusted to be consistent with
re -submittal policies for other types of permit applications.
xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Commentary: This section allows a pre -application conference and conceptual discussion between the
developer and the Stormwater Administrator, at the discretion of the Stormwater Administrator. It creates
some additional steps in the review process, thus imposing costs, and so may not be appropriate for all
applications and for all time. However, for large development projects, those with substantial impact, or for
developers, engineers or stormwater administrators who are new to the jurisdiction's processes and rules
for handling Stormwater, the conference may be a useful way to focus and improve the application and the
project itself.
Smaller communities or those with fewer staff resources may feel that providing the option of concept
plans and consultation meetings would be unduly burdensome, given their present limitations. However,
the option may become useful as the community grows or adds staff— even if it is rarely utilized in the
beginning. Also, concept plan review may be kept very informal if this would help to limit costs. For this
reason the provision should be included in the adopted ordinance. Mote that the suggested submittal of
materials outlined in (1), (2), and (3) below is permissive, not mandatory.
Finally, because stormwater management is best addressed as early as possible in the site design and
approval process, communities withmore staff resources should consider whether an informal consultation
meeting should be mandatory or at least strongly encouraged. This would allow dialogue and information
sharing before "hardlining" of site design begins. It could result in cost savings to applicants in terms of
more efficient site design (working with a site's existing vegetation or topography, for example, as
stormwater management components).
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed cdeu&pmd project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the rlkdgnrLnn process.
The PLLpose of this meeting is to discuss the post -construction stormwater
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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, the (name of locality's open space or naturalarea protection plan,
or section of its comprehensive plan dealing with open space/natural resources. if
al2plicable , 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 opportunities
or constrvnts for &wlqp"2�7g and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-deuioprrc& stormwater
management system including: pretim nary selection and location of proposed
structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-&wAprr-a
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina 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 verifythat the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the
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designs and plans are sufficient to comply with applicable standards and policies
found in the DaignMamral, 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 StormwaterAdministrntor. Incomplete submittals shall be treated
pursuant to Section xx-202p).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with
the approved stormwater management plans and designs, and shall submit actual "as
built" plans for all stormwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any perfonnance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the (insert name of
local official, department, or agency responsible for issuing building permits and
certificates of occupanevi without final as -built plans and a final inspection and
approval by the Stormwater Administrator, except Where multiple units are served
by the stormwater practice or facilities, in which case the (name of local official.
department, or agencythat issuesbuilding-pert-nits)mayelect 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.
(B) Time Limit/ Expiration
Commentary: An expiration date or validity period for permits/approvals to require that construction begin
and be completed within certain time periods should be included for a number of reasons, such as
preventing obsolete approvals from persisting indefinitely. This ordinance allows for a single, one-year
extension upon written request. Where possible, the time limit should run concurrently with the erosion and
sedimentation control plan approval to avoid staggered expirations.
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An approved plan shall become null and void if the applicant fails to make substawul
prngrtss on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 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 bythe
Stormwater Administrator, may file an appeal to the (Board of Adjustment or
governing board) within 30 days.
Commentary; We recommend that appeals be routed to Board of Adjustment if the community has one,
and the procedures for stormwater appeals dovetailed as far as possible with procedures for handling other
kinds of appeals to that board (such as appeals of zoning determinations). This recommendation is for both
policy and legal reasons: (1) it avoids the problem of creating and managing another specialized board; and
(2) Boards of Adjustment are accustomed to conducting quasi-judicial procedures, which must also be
applied to stormwater appeals.
If the community does not have a Board of Adjustment, appeals should be routed to the same board to
which other appeals -from decisions of administrative staff are sent (which may be the governing board, as
long as it is acting in a quasi-judicial capacity). For those communities which do not have an existing quasi-
judicial procedure that is already being followed by a Board of Adjustment or other body, optional
subsections (B) and (C) below should be added to provide basic procedural rules.
(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 forms provided by (name_of local
v rnm nt . The Stormwater Administrator shall transmit to the (name of board
that will hear apeolsl all documents constituting the record on which the decision
appealed from was taken.
The hearing conducted by the (name of board th-at_will hear 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]
[Every decision of the (name of board that will hear aooeals) shall be subject to
Superior Court review by proceedings in the nature of certiorari. Petition for review
by the Superior Court shall be filed with the Clerk of Superior Court within thirty
(30) days after the latter of the following:
(1) The decision of the name and that will hear e is filed; or
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(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the {Chair or Secretary of the board that
will hear appeals at the time of its hearing of the case.]
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SECTION 3: STANDARDS
xx-301 GENERAL STANDARDS
All deu&pnrrn and rEi4qprrm to which this ordinance applies shall comply with the
standards of this section.
xx-302 IMPERVIOUS SURFACE REQUIREMENTS
(A) Setback requirement
All impervious surfaces, except for roads, paths, and water dependent structures,
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 2B .0233
(3)(a) or similar site -specific determination made using Diu' iortapproved
methodology.
Commentary: The cited portion of the riparian buffer rule provides, "When a landowner or other affected
party believes that the maps have inaccurately depicted surface waters, he or she shall consult the Division
or the appropriate delegated local authority. Upon request, the Division or delegated local authority shall
make on -site determinations" regarding whether the stream depicted is subject to the rule. If the USMP
community has a riparian buffer program in place, it may be able to obtain delegation from the State to
make "stream calls." If a buffer program is not already in place, the USMP community may be able to get
training for its Stormwater Administrator to make stream determinations tbrough the Division or the
Cooperative Extension Service.
(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 within the
floodplain
"The following additional impervious surface limitations should be included in ordinances for jurisdictions
in the twenty -county CAMA jurisdiction or with water supply watershed critical areas in their jurisdictions.
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(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 within the area designated by the
Environmental Management Commission, -Ls 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
D mn; of property subject to this ordinance and required to install structural stormwater
control measures shall implement those measures in compliance with each of the following
standards:
(A) The measures shall control and treat runoff from the first inch of rain [and,
for projects in areas subject to the Coastal Area Management Act of 1974,
the measures shall control and treat runoff from the first one and one-half
inches of rain. Runoff volume drawdown time for wet detention ponds
shall be a minimum of 48 hours, but not more than 120 hours.
(B) All structural stonnwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
removal for Total Suspended Solids (TSS);
(q General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the DestbmManwl;
(D) The measure shall discharge the storage volume at a me equal or less than
the pre -development discharge rate for the 1-year, 24-hour 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 cleulopnra and
rekuYgpnrnt 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 measures and stonmwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice, in the DaignMarmd. The Stormwater
Administrator shall determine whether proposed BM.Ps will be adequate to meet the
requirements of this ordinance.
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(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, Rad constructed, and maintained
in accordance with the criteria and specifications in the DesignMamral will be
presumed to meet the minimum water quality and quantity perforamance standards
of this ordinance. Whenever an applicant proposes to utilize a practice or practices
not designed and constructed in accordance with the criteria and specifications in
the Design Mantig the applicant shall have the burden of demonstrating that the
practice(s) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for
the Stormwater Administrator to determine whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
For BMPS that require a separation from the seasonal. high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.12
xx-306 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
Commentary: If the local government accepts any BMPS into public maintenance pursuant to this section,
at the time of acceptance a binding agreement or process should be established by which the locality will
recover costs from the owner for carrying out maintenance activities on the BMPS. Before accepting BMPS
for maintenance, the jurisdiction should weigh the costs and benefits of so doing and identify a way to pay
for maintenance.
The (name of local government) 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.13
xx-307 VARIANCES
Commentary: This provision is adapted from the Coastal Area Management Act, N.C. Gen. Stat. § 1 l 3A-
120A
(A) Any person may petition the (name of local governments for a variance granting
permission to use the person's land in a manner otherwise prohibited by this ordinance. To
qualify for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
12 from SL 2006-246, § 9(k).
13 From Virginia Stormwater Management Model Ordinance.
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(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(B) I'lie (narne_of local government), may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding 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) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utilitycrossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximwn nutrient
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BMPs.
(2) When there is a lack of practical alternatives for a stonnwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it is
located, designed, constructed,and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect water quality to the
rriaxiinum extent practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in sire, configuration, or dens ityof 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.
These statutory exceptions were included in S1_ 2006-246, § 11.
xx-308 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS
Commentary The USMI' requires special, additionai stormwater protection in areas that drain to certain
classes of water: shellfish waters (SA) and trout waters (TR)). Each jurisdiction adopting this model
ordinance should determine whether it is responsible for development or redevelopment in one of these
areas. If so, it should adopt the following provisions, as appropriate.
(A) [SA Waters )
[In addition to the standards for stormwater handling set out in the c(esign rmmial,
dc4oprrrr& and 7ukvA `nzv 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 coliform
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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) [Petwaste]
Commentary: Some jurisdictions have existing pet waste ordinances, or cover pet waste in their littering
ordinance. if the jurisdiction does not have a pet waste program or an ordinance regarding pet waste, and
has development or redevelopment draining to class SA waters, the following language should be
considered for adoption..
(a) Dogs At Large Prohibited14
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 (name of local government).
(b) Restrictions on Pet Waste
(i) It shall be unlawful for the owner or custodian of any dog to take it
off the owner's own property limits without the means to properly remove
and dispose of the dog's feces from any public or private property.
(it) 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) "Means 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.
(iv) This provision shall not apply to handicapped persons assisted by
trained guide or assistance dogs.
(v) "Public nuisance" is defined to include "a dog 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 apply to any dog assisting a handicapped
person.
14 Adapted from the Town of Wrightsville Beach.
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(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 outfalb 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,15]
(B) [Trout Waters]
[In addition to the standards for handling stormwater set out in the (Lign rMntazl,
clew trrrxm and nYkuYOprrrru that drains in whole or part to class 'I'R waters shall
design and implement the best stormwater practices that do not increase receiving
water temperature, while still meeting the other requirements of this ordinance.]
" SL 2006-246, §9(h).
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SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
Commentary: The long-term effectiveness of any structural BMP relies, above all, on appropriate
maintenance. This section is intended to provide a full array of provisions to ensure that such maintenance
occurs, including identifying who will be responsible for maintenance over the long term as well as during
development, and ensuring that funds for maintenance and repair are available when appropriate.
(A) Function of BMPs As Intended
The owrr of each structural BMP installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stormwater
quality and quantity at the degree or amount of function for which the stn&vtral
BMP was designed.
(B) AnnuaI Maintenance Inspection and Report
The person responsible for maintenance of anystnatural BMP installed pursuant to
this ordinance shall submit to the Stormwater Administrator an inspection report
from one of the following persons performing services only in their area of
competence: a qualified. registered North Carolina professional engineer, surveyor,
landscape architect, soil scientist, aquatic biologist, or person certified by the North
Carolina Cooperative Extension Service for stormwater treatment practice
inspection and maintenance. The inspection report shall contain all of the following:
{1) The name and address of the land ourier;
(2) The recorded book and page number of the lot of each stnutural BMP;
(3) A statement that an inspection was made of all stngwral BMA;
(4) The date the inspection was made;
(5) A statement that all inspected stmctural BMA are performing properly and
are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certification.16
16 Drawn from Wake County stormwater ordinance (based on Neuse Urban Stormwater program).
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xx-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or tr.trtsfer of any lot or building site to be served by a
stnutural BMP pursuant to this ordinance, and prior to issuance of any permit for
tl aq wrnt or ru'%d4m2d requiring a structural BMP pursuant to this ordinance, the
applicant or owxr of the site must execute an operation and maintenance agreement
that shall be binding on all subsequent ozoxrs of the site, portions of the site, and
lots or parcels served by the stmawal BMP. Until the transference of all property,
sites, or lots served by the strzawal BMP, the original ors or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the uwrror ourx--n to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the
terms, conditions, and schedule of maintenance for the structural BMP. In addition, it
shall grant to (mane of local government) a right of entryin the event that the
Stormwater Administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in no case
shall the right of entry, of itself, confer an obligation on (name of local government)
to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval.17 A
copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation. 16
(B) Special Requirement for Homeowners' and Other Associations
For all structural BMP 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 facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, stntctural, biological or vegetative replacement, major
repair, or reconstruction of the structural BMP!;. If structural BMA are not
performing adequately or as intended or are. not properly maintained, the
(name of local government), in its sole discretion, may remedy the situation,
and in such instances the (name of local government) shall be fully
17 Adapted from Metro ]north Georgia Water Management District and Stormwater Centerlla'A Model
Ordinances. 'rhe requirement that owner maintain the BMP is adapted from the Town of Cary Watershed
Protection Ordinance.
18 Most of the following homeowners' association requircments are adapted from Neuse model program
provisions as adopted in Wake County.
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reimbursed from the escrow account. Escrowed funds may be spent by the
association for sediment removal, structural, biological or vegetative
replacement, major repair, and reconstruction of the stntuffal BMA,
provided that the (name of local government) shall first consent to the
expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial construction
cost of the stmawal BMA. Two-thirds (213) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited within ten (10) years
following initial construction of the stnrrtural BMA. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Game of local government)
depending on the design and materials of the stormwater control and
management facility.
(5) Granting to the (name qf 1 cal goverri n nt a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMA.
(6) Allowing the (name of lgral government) to recover from the association
and its members any and all costs the f local overnmen expends
to maintain or repair the stnutural BMA or to correct any operational
deficiencies. Failure to pay the (name of local government) all of its
expended costs, after forty-five days written notice, shall constitute a breach
of the agreement. In case of a deficiency, the (name of local government)
shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both.. Interest, collection costs, and
attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the (name of local
governme to maintain or repair any stnutural BMPs, and the name f
localgovernment) shall not be liable to any person for the condition or
operation of structural BMPs.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the (name of local government) to enforce any of its
ordinances as authorized bylaw.
(4) A provision indemnifying and holding harmless the (name of local
governmeno for any costs and injuries arising from or related to the
structural BMW, unless the (name of local government.) has agreed in
writing to assume the maintenance responsibility for the BMP and has
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accepted dedication of any and all rights necessary to carry out that
maintenance.
xx-403 INSPECTION PROGRAM
Inspections and inspection programs by (name of local government) may be
conducted or established on any reasonable basis, including but not limited to
routine inspections; random inspections; inspections based upon complaints or
other notice of possible violations; and joint inspections with other agencies
inspecting under environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges, surface
water, groundwater, and material or water in BMPs; and evaluating the condition of
BMPs.19
f the curaer or occupant of any property refuses to permit such inspection, the
Stonmwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required20
The (name of local govemment) may, at its discretion, require the submittal of a
perfonnance security or bond with sm-ety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a pen -nit in order to ensure
that the sn xtural BMA are
(1) installed by the pennit holder as required by the approved stonnwater
management plan, and/or
(2) maintained by the ourrras required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
'Ile 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
19 Adapted from Stormwater Center/EPA and Metro North Georgia Water Management District Model
Ordinances.
20 From Virginia Model Ordinance for Stormwater Management.
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cost of inspection, operation and maintenance of the BMPs approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus
a reasonable estimate of long-term inflation.
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 the
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 Hunt,
"An Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North
Carolina," N.C. Extension Service, available online as of 3/16105 at
http:l/www.bae.ncsu.edu/people/faculty/huiiUbmpcosts&,benefits.pdf. The authors find a range from $4,411
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
The performance securityshall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owl-r 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 orvrrto construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or anyportion of the securityto make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the curer to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the (name of local government) shall not
return anyof the unused deposited cash funds or othersecurity, which shall be
retained for maintenance?t
(3) Costs in Excess of Performance Security
If (name of local coven- ment) takes action upon such failure by the applicant or
owner, the (name of local government) may collect from the applicant or owner
21 From Town of Cary Watershed Protection Ordinance.
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the difference between the amount of the reasonable cost of such action and
the amount of the security held, in addition to any other penalties or damages
due.
(4) Refund
Within sixty days of the final approval, the installation perfonnance security
shall be refunded to the applicant or tenninated, except any amount attributable
to the cost (plus 25%) of landscaping installation and ongoing maintenance
associated with the BMPs covered bythe security. Any such landscaping shall
be inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
xx-405 NOTICE TO OIUVf h'S
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement [, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable)]
pertaining to every structural BMP shah be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement[, conservation easement, or dedication and acceptance into public
maintenance, whichever is applicable] shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
Where appropriate in the detennination of the Stormwater Administrator to assure
compliance with this ordinance, structural BMPs shall be posted with a conspicuous
sign stating who is responsible for required maintenance and annual inspection.1'he
sign shall be maintained so as to remain visible and legible.
Commentary: The intent of discretionary provision (I3) is to create actual notice whenever reasonable and
uselul, rather than relying solely on constructive or record notice,
xx-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The om r of each stmaural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.22
xx-407 NUISANCE
The uum-r of each stormwater BMP, whether stnatural or non-stnutural BMP, shall maintain
it so as not to create or result in a nuisance condition.
22 Adapted from Metro North Georgia Water Management District Model Ordinance.
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xx-408 [MAINTENANCE EASEMENT
Everyslautturrr! BMP installed pursuant to this ordinance shall be made accessible for
adequate maintenance and repair by a maintenance easement. The easement shall be
recorded and its terms shall specify who may make use of the easement and for what
purposes.]
Commentary: With regard to this optional provision for a maintenance easement, it is anticipated that few
local governments will opt to maintain BMPs that serve private property. In the case of any communities
that should wish to do so, those jurisdictions should carefully consider, in consultation with their attorney
and engineer, public works director or other person familiar with drainage maintenance, whether they wish
to have easements dedicated for the purpose of maintaining BMPs. While dedication in this manner
facilitates maintenance by the jurisdiction, it also raises the risk of governmental liability for problems
caused by flooding or other drainage issues, under North Carolina case law.
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
Commentary: Communities should consider whether a violation of the stormwater ordinance should also
constitute a violation of the zoning or building regulations, and may wish to make amendments to those
regulations accordingly. For example, the zoning code could specify that compliance with stormwater
regulations is required for issuance of any approvals issued under the zoning code, so that any development
not complying with the stormwater regulations is also prohibited under zoning.
(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 (name of local
government. Whenever this section refers to the Stormwater Administrator, it
includes his or her designee as well as any authorized agent of (name of local
government .
(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 deuloprrrau or rxlc-aiqv= approval or authorization granted pursuant to this
ordinance, is unlawful and shall constitute a violation of this ordinance.23
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation
or offense.24
(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 ourxr, any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or do-dopn t7rt of the property on which the violation occurs.25
23 From Town of Apex Unified Development Ordinance.
24 Adapted from Town of Cary Land Development Ordinance.
25 Adapted from Hall County, Georgia, Unified Development Ordinance.
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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For the purposes of this article, responsible person(s) shall include but not be
limited to:26
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The awxr of the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stonnwater controls or
practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, cbuigprvr or n� 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 Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served bythe sormwater practices in question
until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
(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
(name of planning board. govcmine board, and/or other boardb) that review
land d yYQ2= requests) may disapprove, any request for permit or &wkp wr
approval or authorization provided for by this ordinance or the (&oning
subdivision, and/or building regutlation5.,as appropriate) for the land on which
the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the insert title
of municipal or county manager, or, if there is no municipal manager. of the
26 An inclusive approach to "responsible persons" drawn from the Town of Apex UDO.
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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town clerk or the governing board), may institute an action in a tour of
competent jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies provided in the
General Statutes or at common law.
(4) Correction as Public Health Nuisance, 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. §
160A 193, the Stonnwater Administrator, with the written authorization of the
(title of municipal or county manager, or, if there is no manager, of the town
clerk or the governing board), may cause the violation to be corrected and the
costs to be assessed as alien against the property.
(5) [Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
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 necessary
remedial measures to cure such violation or violations. F
Commentary: A stop work order is an important tool where, as in the case of stormwater violations, the
consequences of delay in halting illegal activity can result in significant liarm to the environment and
public health, safety or welfare. However, the enabling authority for use of a stop work order by local
governments is unclear. As a practical matter, if a legal challenge is brought to a local government's use of
a stop work order, it is unlikely to result in negative consequences for the local government, since the legal
remedy would likely consist of the court's invalidation of the stop work order.
If a local government chooses to include this stop work provision, it should do so in consultation with legal
counsel, and an accelerated appeal process pursuant to Section xx-205, Appeals, should be provided for
situations where a stop work order is applied. One way to accelerate the appeal process is to shorten the
timeframe for review of appeals. A special or emergency Board of Adjustment meeting could be called, so
that a party seeking to challenge a stop work order would achieve a speedy resolution of the matter.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 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 (name of iurisdiction) is subject for violations of its USMP Stonnwater
permit, or if no USMP Stormwater permit exists for the jurisdiction, civil penalties
may be assessed up to the full amount allowed by law.
Commentary: Based on experience with enforcement of locally delegated erosion and sediment control
programs and other code enforcement experience, it would be a good practice for a jurisdiction to agree on
z7 Adapted from Metro North Georgia Water Management District Model Ordinance.
43

Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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a set of normal civil penalties to be assessed for any commonly experienced violations. This assists the
Stormwater Administrator and other officials in making reasonable and equitable penalty assessments.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine perrrissble under North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be fled with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance 28
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property ouri-r or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the (name of law enforcement or code enforcement personnel ,
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.29
Note that if the administering unit is adopting this stormwater ordinance under its planning and zoning
authority or is administering it as part of its building code enforcement program, it should consider whether
it needs to follow the notice and opportunity to respond procedure set out in G.S. 160A-44 l et seq. See
Newton v. Winston-Salem, 92 N.C. App. 446 (1988).
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
28 From Town of Cary Land Development Ordinance,
29 From Town of Apex Unified Development Ordinance
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
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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 ourxr 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 infonnation to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control
of the person requesting the extension, the Stormwater Administrator may extend
the time limit as is reasonably necessary to allow timely correction of the violation,
up to, but not exceeding ! days. The Stormwater Administrator may grant
_-day extensions in addition to the foregoing extension if the violation
cannot be corrected within the permitted time due to circumstances beyond the
control of the person violating this ordinance. The Stormwater Administrator may
grant an extension only by written notice of extension. The notice of extension shall
state the date prior to which correction must be made, after which the violator will
be subject to the penalties described in the notice of violation and correction
order.30
(E) Enforcement After Time to Conr-ct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
detennine 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 31
(F) Emergency Enforcement
If delay in correcting a violation would seriouslythreaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
1° Froni Town of Apex Unified Development Ordinance.
31 From Town of Apex Unified Development Ordinance.
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Universal Stormwater Model Ordinance (2-11-07) by Whisnant draft for review only do not copy or
distribute without express authorization
SECTION 6: DEFINITIONS
Commentary: Session Law 2006-246 states in "SECTION 2. Definitions" that "The following definitions
apply to this act and its implementation: (1) The definitions set out in 40 Code of Federal Regulations §
122.2 (Definitions) and § 122.26(b) (Storm Water Discharges) (l July 2003 Edition). (2) The definitions set
out in G.S. 143-212 and G.S. 143-213. (3) The definitions set out in 15A NCAC 214 .0103 (Definitions of
Terms)."
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
otherwise.
Bsri/t upon aced
That portion of a ck-x n pro)ect that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and grave! areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material?2
DDepartrrrent
The North Carolina Department of Environment and Nattu-al Resources.'
Design Manua!
The stormwater design manual approved for use in Phase II jurisdictions bythe Depnrt-a�
[developed by (name of )uri diction} and certified by this jurisdiction [approved by the
Diusion] as at least as stringent as the stormwater design manual approved for use in Phase II
jurisdictions by the Depam2x7r] for the proper implementation of the requirements of the
federal Phase II stormwater program. All references herein to the Design Manual are to the
latest published edition or revision?4
Commentary: USMP jurisdictions may develop their own Design Manual to more carefully tailor
stormwater management practices to local condition, or to explain to developers and engineers in a
practical way how to comply with a comprehensive local watershed plan. Jurisdictions wishing to pursue
this route should consult with the Division on necessary elements of the manual and the state approval
process. Jurisdictions should also consider and explain the process they will use to give notice and provide
an opportunity to comment on the original manual and any changes in it.
Dezwlopmew
Any land -disturbing activity that increases the amount of briih-upon araz or that otherwise
decreases the infiltration of precipitation into the soi135
32
From S.B. 1210.
33 From temporary rule.
J4 Adapted from North Georgia M.O.
35 From North Carolina Model Ordinance for Water Supply Watershed Protection and 15A NCAC
213.0202(23).
46

V I
NCDfNR
Memorandum of Agreement
Between
The State of North Carolina's Division of Water Quality
And the
Town of CASWELL BEACH, North Carolina
Effective:
January 1, 2012 through December 31, 2012
Town ofCASWELL BF.AC1-I MOA 11/18/11
Page of

T
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is made by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY (the DWQ) and the Town of CASWELL BEACH
(CASWELL BEACH), North Carolina concerning the implementation of the DWQ-
sponsored Universal Stormwater Management Program
The MOA includes all the attached appendices.
CASWELL BEACH proposes to adopt and implement the voluntary, state Universal
Stormwater Management program (USMP) on all new, proposed development projects
within the jurisdiction of CASWELL BEACH. CASWELL BEACH proposes to require
all developments disturbing 10, 000 square feet or more of land (CASWELL BEACH
may choose a lower square footage) to meet the stormwater requirements of the USMP.
Additionally, CASWELL BEACH proposes that all residential development shall control
stormwater through the design and installation of stormwater controls on a lot -by -lot
basis. CASWELL BEACH encourages the use of -Low Impact Development' techniques
to achieve this to the maximum extent practicable.
The USMP state rule is found in the North Carolina Administrative Code 15A NCAC
02H .1020 and is bound in Appendix A of this MOA.
The USMP requires that in the twenty coastal counties, new developments control and
treat the stormwater runoff from the first one and one-half inches of rainfall from rain
events. The USMP requires that new developments remove an 85 percent average annual
amount of "Total Suspended Solids. For detention ponds, the USMP requires the
stormwater treatment volume to be drawdown no faster than 48 hours, but no slower than
120 hours. The USMP requires that the storage volume of structural stormwater controls
required by this rule shall discharge at a rate equal to or less than the pre -development
discharge rate for the l-year, 24-hour storm. The USMP further mandates that structural
stormwater controls required by this rule shall meet the general engineering design
criteria found in 15A NCAC 02H. 1008 (c), found in Appendix A.
The USMP rule has other stormwater control design requirements, procedural and plan
requirements as outlined in the state rule and incorporated into the CASWELL BEACH
USMP ordinance.
CASWELL BEACH adopted a Universal Stormwater Management ordinance on
2011. The DWQ approved the CASWELL BEACH USMP ordinance on
.2011.
This MOA does not affect any of the existing Federal, State or local requirements of
CASWELL BEACH and owner/developers with respect to development review
requirements, except as outlined below. For example, any required CAMA reviews,
Town of CASWELL BEACH MOA 1 1/18/1 1
Page of.

Erosion and Sedimentation Control permits, and any other Federal, State or local
development review requirements shall still be required after the execution of this MOA.
CASWELL BEACH is exempted from the requirement of a separate state stormwater
permit for eligible construction projects within the jurisdiction of CASWELL BEACH,
beginning on the effective date of this MOA and continuing for the duration of
CASWELL BEACH's participation in this MOA.
Subsequent to the execution of this MOA, the DWQ will issue a letter to CASWELL
BEACH notifying them that the state stormwater permits requirements are not effective
for as long as this MOA is in place and CASWELL BEACH remains a party to this
MOA.
�L
The purpose of this MOA is to etablish a formal agreement between the DWQ and
CASWELL BEACH outlining aid' respective responsibilit jiof each party in
implementing and carrying out the duties of the Universal Stormwater Management
Program,
This MOA identifies the responsibilities of CASWELL BEACH and the DWQ in the
implementation of the USMP.
CASWELL BEACH'S responsibilities shall include the initial review of proposed
CASWELL BEACH development plans, the collection of stormwater permit fees, the
issuance of the stormwater permit under the USMP ordinance, administering the
procedural requirements required under the ordinance including but not limited to,
maintaining the stormwater map and as -built drawings, the receipt of annual inspection
reports, and issuing fines and enforcement of the ordinance if necessary. The CASWELL
13EAC1-I USMP ordinance is found in Appendix B of this MOA.
The DWQ's responsibilities shall include the review of the development plans to
determine if they meet the stormwater requirements of the CASWELL BEACH USMP.
The DWQ shall receive a portion of the stormwater permit fee for its review of the
development plans as outlined in CASWELL BE Administrative Manual and in the
CASWELL BEACH USMP Schedule of Fees.
The CASWELL BEACH USMP Administrative Manual is specified in Appendix C of'
this MOA.
The stormwater permit fee to be charged for CASWELL BEACH stormwater permits and
any sharing of fees by the DWQ for plan review by DWQ staff on behalf of CASWELL
BEACH are described in Appendix D — CASWELL BEACH USMP Schedule of Fees of
this MOA.
CASWELL BEACH shall review and comment on work, data or reports prepared by any
contractor on behalf of CASWELL BEACH and shall notify the DWQ of any objection
or disagreement with any portion of the work, data, or reports. Unless such notice is made
within 30 days of submission of the annual report or other reports to the DWQ, notice
Town of CASWELL BEACH MOA 1 1/18/11 �� Page of

shall be deemed to be waived and the work, data and reports submitted shall be deemed
to be approved by CASWELL BEACH.
CASWELL BEACH shall submit an annual written report that summarizes the year-'s �
new development approvals for the previous calendar year. The report shall include "
b� K-
information of the type and location of the new development, the amount of'runoff
controlled and the type of structural stormwater controls used to control and treat such
runoff, and documentation that USMP stormwater design standards have been met. The
annual report shall include the stormwater permit number ofeach new development
approved including a contact name and phone number for each developer.
The previous year's report shall be submitted no later than 30 days after the date of
execution of this MOA (30 days plus 12 months for the first report), each year that this
MOA is in effect.
CASWELL BEACH understands and agrees that CASWELL BEACH's administration
and implementation of the USMP is subject to a DWQ audit and to possible revocation of
the MOA and CASWELL BEACH USMP approval if findings result from such an audit
that are solely determined in the opinion of the DWQ to be significant enough to warrant
revocation of program approval.
Failure by CASWELL BEACH to submit the annual report described in this MOA or to
provide any other requested audit data to the DWQ in the required format may result in
the revocation of this MOA by the DWQ. Appendix E of this MOA describes the
required annual report content. One copy, signed by CASWELL BEACH, of these and
any other reports required herein, shall be submitted to The Division of Water Quality,
Attention: Supervisor, Stormwater Permitting; Unit, Wetlands and Stormwater Branch,
1617 Mail Service Center, Raleigh, NC 27699-1617
This MOA may be modified by the written consent of the DWQ and CASWELL
BEACH. The DWQ or CASWELL BEACH may determine that it is necessary to request
changes in this agreement. Any such changes can only be made by a written amendment
to this MOA agreed to by the DWQ and CASWELL BEACH. The amendment shall be
signed by CASWELL BEACH and by the DWQ. Such amendments may be entered into
at any time.
This MOA shall be effective from January 1, 2012 until December 31, 2012, unless
extended by the consent of the DWQ and CASWELL BEACH. Upon 90 days written
notice, the DWQ or CASWELL BEACH may terminate this MOA for any reason. Upon
termination of this MOA, any state stormwater requirements in existence at the time of
the termination shall be re -instated as a requirement for new developments proposed
within the jurisdiction of CASWELL BEACH and shall become effective immediately
upon such cancellation or termination.
IN WITNESS WHEREOF, the parties have caused the execution of this instrument by
authority duly given, to be effective as of the date executed by the DWQ.
Town of CASWELL BEACFI MOA 11/18/1 1 Page 0f

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
By:
Director, Division of Water Quality
Dated:
TOWN OF CASWELL BEACH
By:
Town Manager
Town of CASWELL BEACH
'town of CASWELL BEACH MOA 1 I/18/l l Page of'
�

APPENDICES:
A: Universal Stormwater Management Rule 15A NCAC 02H .1020
B: Caswell Beach Stormwater Ordinance
C: Caswell Beach Administrative Manual
D: Caswell Beach Stormwater Ordinance Schedule of Fees
E: Annual Report Format
Town ofCASWELL BEACH MOA l 1/18/1 1 Page of'

Diuguid, Bill
From:
Lewis,Linda ;
Sent:
Monday, November 14, 2011 12:43 PM
To:
Diuguid, Bill
Cc:
Gregson, Jim
Subject:
Caswell Beach Universal Meeting
M
I don't understand exactly what's going on, but I was told last week that you were not coming to this meeting?
Is that correct? It's been scheduled for 3pm on Wednesday, November 16 at the Caswell Beach Town Hall.
Directions From 1-40, take the bypass around Wilmington (follow signs for Shallotte or the Brunswick County
Beaches). Go over the skybridge and exit onto US 421 South. Follow the signs for US 17/74/76 Shallotte 1
Myrtle Beach. Take the NC 133 Leland exit and turn left onto NC 133.
Follow NC 133 to NC 211 (this will be 22.5 miles). At the stoplight, turn right onto Dosher Cutoff (NC 133) and
travel for approximately 0.6 miles and turn right onto NC 211,
Travel for 0.8 miles and turn left at the,stoplight onto NC 133 (Long Beach Road).
Go across the bridge and straight through the -stoplight: Th Tawn Hall is 3 blocks past the stoplight on the
right.
Linda Lewis
NC Division of Water Quality
127 Cardinal brive Ext.
Wilmington, NC 28405
910-796-7215
E-mail correspondence to and from this address maybe subject to'the North Carolina Public Records Law and may
be disclosed to third parties.
1

/tee #,/'A/2) z ? s f/
Universal Stormwater Management Program
Local Ordinance Provision Checklist
Prov
Used
M.O.
I
USMP Model Ord
Yes
LangL
No
I Rule Sect Page Ref
1
Coastal:DWQ to administer coastal local USMP ordinance, in whole or in art? a
t/
2
Application to Dev disturbing 1 acre or more, 1/2 non-resid or less than 1 acre but part of larger common plan a 12
✓
3
Coastal :Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
4
Designation of Stormwater Administrator 24
X
5
Effective date of Stormwater Ordinance 17
6
Stormwater Permit Requirement /� /2i2o G`- .•; - �, _r - �. S 20
a L4F
, ,
MP Design Manual 15
�C
8
Concept Plan and Consultation Meeting 23
9
Non-coastal:Requires control of runoff from at least the first one inch of rainfall d 29
10
Coastal: Requires control of runoff from at least first one and one half inch of rainfall d 29
s
:�
11
30 foot si�tbackfrom all perennial & intermittent surface.waters, except for roads, paths & water -de endent.structures d 28
12
No development.in the 1 % chance floodplain 28
57_�;K,
13
Coastal:36 percent impervious density limit within 575 feet of SA waters H; d 29
k
14
Removal of 85%-Total Suspended Solids ? f 29
15
Detention Pond Dfbwdown rate no faster than 48 hrs or slower than 120 hrs Z., f 29
✓
16
Post-devefop6t&—ti discharge rate equal to or less than pre -development rate fdf the 1 year, 24 hour storm f 29
17
Meets State, Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
18
Time limit/expiration of approval 25
>C
19
As -Built Plans Requirement 25
ly
20
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wlap roved plans h 29
f
21
Operation and Maintenance Plan and Deed Recordation and Indications On Plat 1 35,39
22
Annual Inspection Report Requirement i 34
<
23
Coastal:lf 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures 1 31
24
Coastal:No new sw discharge points to SA waters or expansion of existing sw conveyance s st. draining to SA waters 2 33
25
Coastal:Diffuse flow of stormwater providing eff. infiltration of 1 yr, 24 hr storm not considered a direct point of sw dischar , 2 33
Z5►"
261
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
27
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13
�j
281
Definitions Section 46

tli E-
ice/
Universal Stormwater Management Program
Local Ordinance Provision Checklist
Ad V -z-
/VOV 0�r
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
Coastal:DWQ to administer coastal local USMP ordinance, in whole or in art? a
A-// d
r�V,
2
Application to Dev disturbing 1 acre or more, 1/2 non-resid or less than 1 acre but part of larger common plan a 12
3
Coastal:Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
4
Designation of Stormwater Administrator 24
5
Effective date of Stormwater Ordinance 17
~,7,
6
Stormwater Permit Requirement / /Z— ec-o C•- 20
✓
"�" `'
s4
IBMP Design Manual 15
�G
8
Concept Plan and Consultation Meeting 23
9
Non -coastal: Requires control of runoff from at least the first one inch of rainfall d 29
i 0
Coastal: Re uires control of runoff from at least first one and one half inch of rainfall d 29
11
30 foot setbac4cfrom all perennial & intermittent surface.waters, except for roads, paths & water -dependent. structures d _ 28
12
No developmdnt.in the 1% chance flood lain 28
-57�;A,
1 13
Coastal:36 perceht impervious densily limit within 575 feet of SA waters 2�, d 29
j(
141
Removal of 85%-Total Suspended Solids 22 f -29
4
15
Detention Pbnd Drbwdown rate no faster than 48 hrs or slower than 120 hrs f', f 29
✓
-
161
Post-devetopT�i&tdischarge rate equal to or less than pre -development rate f6f the 1 year, 24 hour storm f 29
17
Meets State, Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
18
Time limit/expiration of approval 25
19
As -Built Plans Requirement 25
'C
20
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/approved plans h 29
f `
21
Operation and Maintenance Plan and Deed Recordation and Indications On Plat I 35,39
22
Annual Inspection Report Requirement i 34
X
23
Coastal:lf 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures 1 31
i
24
Coastal:No new sw discharge points to SA waters or expansion of existing sw conveyance sst. draining to SA waters 2 33
25
Coastal:Diffuse flow of stormwaterproviding eff. infiltration of 1 r, 24 hr storm not considered a direct point of sw dischar , 2 33
yet"
26
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
�{
27
Stormwater Map showing geographic ordinance covers e & location of -all structural BMPs permitted under ordinance 13
28
Definitions Section 46
!I
F� Gv' we

(/S rn p b ck/ 5 w,--- L � 23 &4 Gw- 5-kv 0A.Alc e-.
12.E tli`� ir\/
A/d 1/ -z- z 0�/
Universal Stormwater Management Program
Local Ordinance Provision Checklist
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
1
Coastal:DWQ to administer coastal local USMP ordinance, in whole or in part? a
W/l d
IS-k
2
Application to Dev disturbing 1 acre or more, 1/2 non-resid or less than 1 acre but part of larger common plan a 12
✓
3
Coastal:Ap lication to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of larger common plan d 12
4
Designation of Stormwater Administrator 24
X
51
Effective date of Stormwater Ordinance 17
'
6
Stormwater Permit Requirement JS /Z 4 7;_ 20
✓
�� ��
yo
. 7
.BMP Design Manual 15
' xC
8
Concept Plan and Consultation Meeting 23
91
Non -coastal: Requires control of runoff from at least the first one inch of rainfall d 29
10 1
Coastal: Reg uires control of runoff from at least first one and one half inch of rainfall d 29
r..=.
11130
foot si3tback:.from all perennial & i nterm ittent'su rface. waters, except for roads, paths & water -de endent'structures d = 28
121
No development -in the 1 % chance floodplain 28
13
Coastal:36 erce-ht impervious density limit within 575 feet of SA waters 2{ • - d 29
i}(
14
Removal of 85%:Total Suspended Solids 29 f :29
"u
15
Detention Pond Dfbwdown rate no faster than 48 hrs or slower than 120 hrs f 29
✓
16
Post discharge rate equal to or less than pre -development rate foFthe 1 year, 24 hour storm f 29
17
Meets State :Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
18
Time limitlex iration of apprOV21 25
X
19
As -Built Plans Requirement 25
D<
20
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/approved plans h 29
X
21
Operation and Mbintenance Plan and Deed Recordation and Indications On Plat 1 35,39
�c
22
Annual Inspection Report Requirement i 34
X'
23
Coastal: If 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures (1) 31
24
Coastal:No new sw discharge points to SA waters or expansion of existing sw conveyance s st. draining to SA waters 2 33
J:
25
Coastal: Diffuse Flow of stormwater providing eff. infiltration of 1 yr, 24 hr storm not considered a direct point of sw dischar , j (2) 33
-2:,Y"
26
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
27
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13
1 28
Definitions Section 46
/I W� A41 0') pu 7-5 /i a 4,7-9�> 1 0113111

1
Vi i•,/
Universal Stormwater Management Program
Local Ordinance Provision Checklist
/V0V
Prov
Used
M.O.
USMP Model Ord
Yes
LangL
No
Rule Sect Page Ref
t/
1
Coastal:DWQ to administer coastal local USMP ordinance, in whole or in art? a
J(d
V
2
Application to Dev disturbing 1 acre or more, 112 non-resid or less than 1 acre but part of larger common plan a 12
✓
3
Coastal:Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of lar er common plan d 12
41
Designation of Stormwater Administrator 24
){
5
Effective date of Stormwater Ordinance 17
6
Stormwater Permit Requirement j /Zpre-0 G. �•>t� 20
I
BMP Design Manual 15
8
Concept Plan and Consultation Meeting 23
9
Non-coastal:Requires control of runoff from at least the first one inch of rainfall d 29
10
1 Coastal: Requires control of runoff from at least first one and one half inch of rainfall d 29
_
r
11130
foot setbaclo:from all perennial & intermittent'surface.waters, except for roads, paths & water -dependent. structures d 28
12
No development"in the 1 % chance floodplain 28
,:
5?
13
Coastal:36 perceht impervious densi limit within 575 feet of SA waters 29 d 29
14
Removal of 85%*Total Suspended Solids - 20 f .._29
15
Detention Pond Dfawdown rate no faster than 48 hrs or slower than 120 hrs 22 f 29
16,Post-deve1ajNA&f
discharge rate equal to or less than pre -development rate fdf-the 1 year, 24 hour storm f 29
17
Meets StateStormwater Program General Engineering Stds set forth in 15A NCAC 02H"1008 c f 29
,<
18
Time limit/expiration of approval 25
>C
19
As -Built Plans Requirement 25
1?�
20
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent wlapproved plans h 29
21
Operation and Maintenance Plan and Deed Recordation and Indications On Flat 1 35,39
22
Annual Inspection Report Requirement i 34
X
23
Coastal:lf 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures 1 31
24
Coasta[:No new sw discharge points to SA waters or expansion of existing sw conveyance s st. draining to SA waters 2 33
251
Coastal: Diffuse flow of stormwater providing eff. infiltration of lyr, 24 hr storm not considered a direct point of sw dischar , 2 33
26
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
27
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13
28
Definitions Section 46
0

TOWN Of C-�i� AVFI.IBEACh
To: Caswell Beach Town Council
From: Caswell Beach Planning Board
Copy: Planning Board Members
Town Administrator
Town Clerk
August 27, 2011
Subject: Recommended Approval and Adoption — Amendments to the Town of Caswell Beach Building Ordinance —
Chapter 154: Stormwater Regulations
At its August 17, 2011 regular meeting the Planning Board unanimously approved arnendrnents to the Town of Caswell
Beach Building Ordinance — Chapter 154: Stormwater Regulations and adopted a Resolution and Statement of
Consistency regarding the aforementioned amendments (copy included), recommending approval and adoption by the
Board of Commissioners.
Revisions were developed with the assistance of Chris May. In addition to minor editing and updating, principal
revisions include:
• Requirement that every application for a development or redevelopment permit shall have an engineered
Stormwater management plan in a form acceptable to the town that meets or exceeds the standards of this
subchapter including all requirements of US,,NC, CAMA, and the town Land Use Plan as well as best
management practices of the engineer:profession.;. i
• Requires brat engineered plan must be certified by licensed professional engineer who is certified as qualified by
NC State Board of Examiners for Engineers
• Provides that the town will charge a permit fee as well as a subsequent fee sufficient to pay cost for an engineer
retained by the town to verify a submitted plan
• Eliminates litany of detailed requirements and best management practices, deferring to adherence to latest best
practices and current codes and regulations as certified by licensed professional engineer.
• Appeal option changed from exceptiontovariance and becomes province of Board of Commissioners rather
than Board of Adjustment.
• Notes beaver dams shall be construed as debris with beaver control the responsibility of the property owner
who shall mitigate beaver related issues in accordance with State and Federal Law
• Calls for the town to retain the latest available manual of best management practices (RMPs) for illustrative
purposes for use by those seeking to appropriately manage Stormwater discharges.
Respectfully submitted
Dave Weigel, Chairman, Planning Board

TOWN OF CASWER ;BEACh
r�� jr�:r �� �},1�1 } +Ci 3 .�-e � 'ciCii }?O•�'C�'"� o�':.li'�: �? � flfi ���:'��I. "�'". it E.��'�r.'7
RESOLUTION AND ASSOCIATED STATEMENT OF
CONSISTENCY RECOMMENDING AMENDMENT TO THE TOWN
OF CASWELL BEACH STORMWATER REGULATIONS
'VNIHEREAS, the Board oi'Conlniissionei:s!oftlit;"l,own of Caswell Beach, Not-th
Carolina have directed the Town statf•and Planning Board to research, review and
recommend proposed changes to the Town's Stormwater Regulations: and
WI -I EREAS, the Caswell Beach Planning Beard has received and incorporated
recommendations, researched, reviewed, and revised said Stormwater Regulations and
finds that the proposed revisions are consistent with the Town's Land Usage Ordinances,
CAMA Land Use Plan, Strategic Plan, and Hazard Mitigation Plan and will have the
desired effect ofi protecting the environment and enhancing the quality of life fc)r all
individuals.
NOW, THEREFORE BE IT RESOLVED, tharthe�Town ofCaswell Beach
Planning Board does hereby recommend that the revised' Stormwater Reguhitions be
approved and adopted by the Board of Commissioners.
BE IT FURTHER RESOLVED, that'the Town oi"Caswell Beach Planning Board
does hereby adopt the following "Statement of Consistency" with regard to the proposed
revised Stormwater Regulations:
Tlic "Town ofCaswcll Bench Planning Poard,finds that the aforementioned revised
Stormwater Regulations are consistent with the:Town's existing Land Usage Ordinances,
Strategic Plan, CAMA Land Use Plan, and Hazard Mitigation Plan: are reasonable and
further public interests.
Adopted this 17th day ot'August,'U€ 1.
ATTEST: .... ,
Tom Kitchings, Secretary
Caswell Beach Planning Board
Dave WVfgel, Chairman
Caswell Beach Planning Board

PROPOSED AMENDMENTS -
YELLOW HIGHLIGHTING: WORDING TO BE DELETED
GREEN WORMING TO BE ADDED
CHAPTER 154: ST®RMWATER.
REGULATIONS
ScctU7T1
General Provisions
1 ti4.0I
Definitions
Stormwater
Management
15=4.-OS
Short title
15-1,06
Goals and Purposes
14_t_�7
Findings o1'tact
15 4, 08
ONectives
154.01)
Applicability
15�1.10
Stormwater management standards
154.1 1
Stommiter management plats
I i 4.1 ?
Procedures and fees
I �4. l Z Manual of Stormwater managenlen! practices
154.14 Maintenance
154.15 Variances
Illicit Stoma water Discharge
154.25
Short title
154.26
Findings of fact
1 ,4_'7
Objectives
1 5 4.'`
Applicabi€itv

1 �4.21) Responsibility for Administration
154. 10 Ultimate responsibility
.. .... .. .... . ..
1 54.3 1 Watercourse protection
) �-I. ,, Requirements to prevent, control and ruducc Stornmater pollutants by the use of
;lest Management Practice,,,
Permitted dischargc activity
i i� 4 Discharge prohibitions
54. Monitoring of dlischargc
Suspension of Stommvatcr drain access
J S4.37 Notification of spills
1-5 4-.3N Notice ofviolation
1 ')9 Appeal of notice of violation
1 �4.40 Enforcement. measures after appeal
154,41
Injunctive relief'
154.4
Alternative compensatory action
I � 4. -'i 3
Violations deemed a public nuisance
154,-1-1
Criminal prosecution
1-? -, 1. 4-�
Remedies not exclusive
I,, 4,,.) it
F.nfiorcernent and penalties
GENERAL PROVISIONS
'I § 154.01 DEFINITIONS.
For the purpose ofthis chaptelvthe following d0initions,shall apply unless the context
indicates or requires a different meaning.

ADVERSE EFFECT. Any modifications, alteration or eftccts on a feature or characteristic
of waterbodics, watercourses, or wetlands that are or may be potentially harmful to human
health, we]fare, safely or property.
AREAS OF ENVIRONMENTAL CONCERN (AEC), Critical areas such as estuarine
waters, coastal wetlands and public trust waters, designated by the N.C. Coastal Resources
Commission as needing protection.
BEST YVANAGEMENT PRACTICES (BAIT). Actitrities or structural improvements that
hell) reduce the quantity and improve the quality ofstorm water runoff. 'BMPs include treatment
requirements, operating procedures; and other practices to control site runoff: spillage or leaks,
sludge or waste disposal, or drainage fi'orn raw material storage.
BUFFER. Art area of vegetation between a water body and developed lanai that serves as a
filter for upland runoff. reducing the amount o(pollution that enters the water.
BUILDING INSPECTOR. See "Code Enlbrccmcnt Officer".
BUILT UPONAREA. Portion of property covered by impervious or semi -pervious cover.
BUSH HOGGING, A form of"clearing where undergrowth and brush is removed by
mechanical means which does not otherwise disturb the soil.
LAMA. Coastal Area Management Act, passed by the North Caroling General Assembly in
1974, lays the framework for the N.C. Coastal Management Program by establishing guidelines
for development in designatLd areas of environmental concern. CAM.A also created the Coastal
Resources Commission and Coastal Resources Advisory Council. The Coastal Resources
Commission carves out a permit program to guide development in AECs.
LAMA PERMIT. One ofthe principal,ways CAMA-protects North Carolina's natural
resources is through the coastal management permitting program. Major pert -nits are required for
any development proposed in a designated area of environmental concern. Minor permits may
be issued locally ifthcre is a documented local permitting official.
CLEAN WATER ACT. A federal act enacted by Congress in 1972 to establish uniform
national standards to restore and maintain the chemical, physical, and biological integrity ofour
nation's waters. Cited its the Control Act '"Os amended) 33 use
1251. `.
CLEARING. The cutting and removal of trees and brush from the land. For purposes ofthis
Subchapter, CLEARING shall not include rno wing of man made lawns, cutting, trimming, or
transplanting small vegetation, or the removal of (lead vegetation, dead trcc limbs or dead trees.
COASTAL RESOURCES COMMI.KWON (CRC). Fifteen -member hoard appointed by the
govcnior that has responsibility for policy and regulation concerning coastal management.

CODE_ ENFORCEMENT OFFICER. The Town Building; Inspector who is charged under
G.S. ti 1 GOA-412 with certain responsibilities including the provisions of this subchapter in
coordination With the Storrnwater Administrator.
DEPARTMENT OF ENVIRONMENT AND AATVRALRESOURCES (DENR). The state
government department that oversees the operations of the Divisions of Water Quality, Coastal
Management, .Marine Fisheries. Land Resources, Parks and Recreation and Air Quality.
DETENTION. The collection and storage ot'surface water For subsequerat gradual discharge.
DEVELOPER. Any person Who engages in development either as the owner or as the agTent
of an owner ofproperty.
DEVELOPMENT. Any type of construction ariiI a'sochltcd land -clearing and land
alteration. Also known as development activity. it inclrides: the construction, install dtion,
alteration, demolition or removal of a structure, -impervious surface or drainage facility. clearing;
scraping, hush hogging; grubbing or otherwise rernoving_ar killing the vegetation of a site; and
adding, removing, excavating;, .leveling;; grading, digging, burrowing, clumping;, piling, dredging
orotherwise srgntf€cantlyd€sturbrng; the soil, mud, sand or rock of site: Development in a
designated area of environmental concern requires a CAMA per -nit.
DISCHARGE. The volume of water (and suspended sediment) that passes a given location
within a given period oftinic.
DIVISION OF COASTAL M.9AAGEMENT (DCM). Tlie state agency responsible for
implementing and enforcing; the Coastal Area Management Act. The DCM serves as stall to the
Coastal Resources Commission.
DIVISION OF WATER QUALITI' (DWQ). The tot he CnvironmentaI Management
Cormission or EMC. Staff enforecs rules for wetlands. groundwater and surface water permits.
DRALAAGE SYSTEM. The path through which water flows from one location to another and
includes all waterbodies.. watercourses and Wetlands.
EASEMENT. A voluntary, legally binding; agreement in which the land owner sells or
donates some or all of his or her rights to develop or use the land.
EMERGENCY. A situation or condition requiring; irninediate action, For purposes of this
subchapter, this situation or condition must threaten life or create an immediate health hazard.
Inundation ofbuil(iings or structures by flood watcr-s is not in itself an emergency. Road
flooding; that makes emergency vehicle passage impossible is an emergency.
h,'jV61:V 'I:RF,1) 1'1„l;``' A plan prepared hs, a pr'ofvssiunal ell-incer lira€rsed 11V tMlc stnit
of"N`i11•111 C"Irolina 1t.3 dc�si­n and oN,er•sec site insialiationof stornrn•ater n€.►rragvIracy€€t
3vAenas_

F_NTITIFS. Those parts of the townexclusive ofthe neighborhoods, where Stormwater
management controls may be appropriaie..For-purposes of this subchapter, it includes the Oak
Island Golf -Course, the Progress Eric 9y facility, the Coast Guard Station, State Route 1100, and
other areas where development type activity could be peribi-med via easements, such as public
utilities.
EROSION. The wearing or washing away of soil by the action ofwind and water.
ESTUARYIESTUARLIVE. That part of'a river, stream or body ofwater having unimpeded
connection with the open sea, where sea,��;ater,is.mcasurably diluted with freshwater derived
from land drainage.
L'.YCA VATION. The process where soil (earth, stone or other materials) at a development site
is disturbed and moved.
FECAL COI_IFORM. Non-pathogenic bacteria found in the waste ofwarm-blooded animals
and used as an indicator of the possibility ofpathogenic viruses, bacteria, and protozoans in the
water.
FILLING. The addition of soil or sand to a development site f'or purposes of changing the
site's soil composition or contour.
4
FLOOD. The temporary rise in thele�el c}I.anif't��aierbocly watercourse or wetland which
results in the inundation ofareas not Ab'rmally covered by water.
GEOGRAPHIC INFORMATTON SYSTEM (GIS). Computer hardware and soffwarc that is
used for compilation, storage, analysis and display of geographic and associated tabular data.
This system can be used to produce maps that overlay various environmental and physical
features.
GRADING. The cutting and or filljiig of'the land surface through the movement of earth,
stone, soil of sand for purposes of changing a development site contour to a desired slope or
elevation.
GROUND ABSORPTION. See "I 111[M-Vinus Surfaces".
GROUNDWATL'R. The water that occurs beneath the earth's surface between saturated soil
and rock and that supplies wells and springs.
GRUBBING. The removal and disposal of stumps and roots of vegetation.
IMPERVIOUS. The condition ole by water.
I.MPER I1I0US SURFACE. A sueiacc, such as pavement or a structure, that prevents water
from Infiltrating the underlying soil. These surfaces Include roofs, decks, driveways. patios,

4olar3ck or concrete pavers, s#dewalks kart pat?ls,:oi':trcC parking areas, tennis courts, swimming
pools an such ether surfaces that ilia)' he designated by change to this subchapter. For purposes
f this subchapter, IMPER [PIOUS SURFACES -do not include gravel pathways or gravel
driveways.
INFIL TRATIOAV The penetration of water through the ground surface into the subsurfacc
soil or the penctration of'Nvater from the soil into a pipe.
INTERCEPTION. The process whereby the amount ofrainfall that reaches the ground is
reduced due to rainfall absorption by vegetation, -principally. trees.
I_ANDSC4PE CONSTRUCTION. Dcveloprncclit thlrt claw not disturb the land so that
%vatercourses are affected but does influence the'arn6unt and direction ofStormwater runoff. for
purpose of this subchapter, it is distinguished fi-am Stormwater management. All landscAPill
shall lie cunsistcnt With Mid in all respeck compiN. full. ~milli the Town of Caswell heath
i..an{lsc.uh[� CMIStrUC6013 Re(luircnicnts ccmtained in (AI 1511,072.
MANNING COEFFICIENT: Channel roughness factor �"n" used in the Manning Formula.
This formula is used to del ermine the rate offlo.�v_(mcanivelocity) in natural watercourses (open
channel) with the "n" lactor being a key dctetinitiarii'. N[�irii3ial coefficients values range from
one, which is a very smooth channel (n = .012) to 24','Which is very rough channel (n = .15).
MINOR PERMIT A minor LAMA development permit is required for small projects, such
as a single-family ]ionic. Minor perinits are issued on a local level, usually by an employee of a
county or town who is under contract to the Division of Coastal Management as a Local Permit
Officer.
NATIONAL POLLGT.4NT DISCHARGE F_LIMINATIONS}'STEM (NPDES). An EPA
administered program established in 1972 by the Clean Water Act to control point source:
discharges. Phase 11. signed into law in December 1999, requires designated small municipal
separate Stormwater sewer systems (MS4) to he permitted.
NEIGHBORHOOD. An artificial subdivisi[in of the town. For purposes oflhis subchapter,
it includes the Arboretum, Caswell Dunes, Ocean Greens, and the Oak Island Beach Villas.
NONPOINT SOURCE POLLUTION. Pollution that enters the natural environment through
runoff With no discrete point discharge.
OCEAN HAZARD AREAS. Ocean bcaclies; areas'hea'rr'inlets, and areas behin(It he dunes
(the size ofthe area behind the dunes depends 611'the'c"'si6h'iates and flood potential at the site),
OIJT'F.4LL. The point where wastewater or drainage discharges from a sewer pipe, ditch or
other conveyance to a rccciving hotly ofwater.

PERSON. Any and all persons, natural or artificial, to include any individual, firm,
corporation, agency, business, estate, trust, partnership, association, two or more persons having
a joint or common interest or any other legal entity.
PR0F'/`-'StiSI0rV,41 I_ICEA`SI-D EA' 1M-'k'R-A person who, h.v reason of special
kno�%,Iedoe and use of the mathc�malical, physical and enNI)CCrin0 scielic.es and the
principles and methods of ell-incerill;.t analysis and design, acquired by el►hinccrinf;
e.ducalion and enoincerim, experience, is. qualified to practice cngincerinf;, A\'D who Ims
becii ccrtiticd as sltch h}' the North Carolirm State lio;rrd of Fmiminers for I':nf;incers
PROPERTY OWNER. The person who is vested with the fee ownership, dominion or title of
a property. This term may also be applicable to a tenant, if chargeable under his or her lease for
the maintenance of the property, and any agent of the owner or tenant including a developer.
REDEVELOPMENT. Any new development activity on an already developed site that has
no net increase in the existing built upon area or that provides equal or greater Stornlwater
controls than the previous development.
RETENTION. The collection an'd stot"a'g6' rf;Sstoriiiwatcr runoffWithout strbsequelIt
discharge to surface waters. ;
RUNOP'F. Water from any Source that is not absorbed in the immediate location ofits
contact with the ground and moves away from its point oforigin, draining off the land into
bodies of water.
SEDIMENT. Fine particles of mud, clay, silt and organic material that are carried or
suspended in water or have settled in .:waxer body and have been washed from land to water
usually after rain.
.SITE. Any tract, lot or parcel of land or combination of these that are in one ownership, or
are contiguous and in diverse ownership where development is to be pertiormed as part of a unit,
subdivision or project.
ST'ORMWATER. Water that is generated by rainfall, causes runoffarid often is muted iota
drainage systerns.
ST'ORrb IV4TER ADMINISTRATOR. The official appointed by the Board of
Commissioners as responsible for Storrrnvater-.managetnent in the town.
STORY NITER MAIVAGENIE., . Functions associated with planning,. designing,
constructing, maintaining, (inaricing and regulating the facilities that collect, store. control and/or
convey Stonnwatcr.
STORY NITER ,Vf.4A'.4GErti1EN'T/1,ANDSCAPE CONSTRUCTION PLAN (SA1/I_C
FLAN). A plan or sketch submitted to the town's building inspector as part ofa permit

application per the provisions of this subchapter. This plan must show the location of intended
development and existing vegetation as well.as ,vegetation that will be added In the way of the
landscaping. The planned stabilization of*anvrunpC�itztetf,areias:to prevent wind/water erosion will
also be shown,
STORM JV.,AThR PLAA," A Marti prepared by atr en i►veer licensed by tyre Suite of North
(. ar'olina tr► design Sftirimvatcr nuuragenrerrt ancf Irritigaliorr plots that ureet or exceed the
nrosl current indu.tr-v standard hest rrr:rnaocinent practices. Vorr the purposes of this
lmlivN, any'lirrae the terra "'Storlimatcr plan" is used it Shall have the 11wanill- set forth
above.
STORMWATF_R SYSTEM. All man-irrade structures or natural features within the town that
serve to provide for conveyance ofa-unoffivatcr.-resultirrg from natural storm events.
Components ofthe Stormwater systern include but are iiot,dirnited to swalcs, ditches, pipes,
uO,
channels, creeks, ponds, weirs, culverts, and inlet structures,' in quantitative control terms, a
system of vegetative and structural measures which control the increased volume and rate of
surface runoffcaused by man -trade changes to the land and which have the effect of maintaining
the pr•edevclopment patterns of flood magnitude and frequency. In qualitative control terms, a
systern of vegetative, structural and other measures which control or treat pollutants carried by
surtace runoff:
STORMIV4TER UTILITY FEE. An assessment claarged.to owners of developed properties
which is used, among other things, to finance the pla initig� design, construction, operation and
maintenance of structural and natural Storriwatcrral drainage systems.
STRUCTURE. That which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of'parts joined together in sorne definite manner
but shall not include fences or signs.
TREE. Any woody perennial plant such as a large shade or pine tree which usually has one or
snore main stems ortrunk.
TWENTY-FIVE YEAR FREQUEA"CIF'STORM. The storm of the largest intensity expected
to occur on the average every 25 years and of a duratioh'th. A. will produce the peak rate of runoff
for the watershed of interest.
UNITED STATES ARMY CORPS OF ENGINEERS federal regulatory agency that adopts
regulations than implement EPA guidelines. Federal laws provide the basic minimum guidelines
for regulation.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA). Federal
regulatory agency that adopts regulations that are gyneral guidelines thr the disposal ofdredge-
and-till material.

VARIANCE. Exception :1 the strict letter of lire. law From a
regulation determined on a case -by -case basis determined by special criteria findings of hicl
and conclusions of law demonstrating that the request is nut clue the result of the.
,ipplic:int"s own actions, but rather, is the result olf circtinistances hcyond (licit- control_
VE, GETATION. All plant growth to include trees, shrubs, vines, ferns, mosses and grasses.
1,EGETAT1VF_ FILTER. An area ofnatural or planted vegetation through which
Storrrrwater flows in a diffuse manner so that runoffdoes not become channel ized and that
provides for control of* Stormwater• runoff through infiltration or filtering of'pollutants. The
defined length of the filter shall be provided•forthe direction of Stormwater flow.
FVATERBODY. Any natural or art. liciiil,pond;,rnarsh, lake, reservoir or other area which
ordinarily or intermittently contains N�,ater and has a discernible shoreline.
IVATERCOURSE. Any natural or artificial stream, river, creek, channel ditch, canal, conduit,
culvert, drain, waterway, gully, ravine, street, roadway, swale, or wash in which water flows in a
definite direction either continuously or intermittently due to gravity or tidal factors and which
has a defined channel, bed or banks. A Jake, river, creek, streani, wash, channel or other
topographic feature on or over which waters flow m least periodically. IVATI?RCOUR.SIi
includes specifically designated areas, in.,which.suhstantial flood daniage niasl occur.
WATERSHED. Geographic region where water drains to a particular river, stream or hody
of'%vater. Usually a confluence of streams, creeks or drainage canals.
1VETLAND. Saltwater or freshwater areas that arc either permanently, seasonally or
irregularly flooded. These areas contain the proper balance ofphysical, chemical and biological
conditions needed to break dawn or neutralize many pollutants. Tidal flats, swamps, bogs and
marshes are all common wetland areas.
(Ord. passed 1 1-1 1-05)
STORMWATER MANA" GE'MENT1.
W§ 154.05 SHORT TITLE.
This subchapter shall be known as the: Stormwater Management subchapter for Caswell
Beach, North Carolina.
(Ord. passed 1 1-1 1-05) ,
iJ§ 154.06 GOALS AND PURPOSES.

The preservation of water duality and 1 rotcction against flooding are central environmental
goals ofthe town. In order to meet these impor-ta»t;goa.] the town adopts this Stormwater
management strbchapter for the hollowing pUr'pi>5E S;;z._ ;;;, 'N,. ,<.
(A) To regulate new development, redevelopment, and other construction activities within
the jurisdiction ofthc town, consistent with federal, state and local requirements, and the town's
environmental goals.
(B) To provide the structure for which the authority of Lhe town to administer and enforce
Stormwater quantity and quality regulations wil(:be;cxexcis(' P.
(Ord. passed l l -1 1-05)
;- 154.07 FINDINGS OF FACT.
The Board of Commissioners finds that development without control of drainage has a
significant impact upon the health, safety and welfare of the community. More specifically:
(A) Uncontrolled Ston-riwater runoff can carry pollutants into receiving water bodies,
degrade water quality and result in closures of shellfish waters.
(B) Uncontrolled Stormwater runoffcan ini rease'nutri6nts such as phosphorous and
nitrogen, thereby accelerating eutrophication of receiving waters, adversely affecting flora and
fauna.
(C) Improperly channeling water increases the velocity of runoff thereby increasing erosion
and sedimentation.
(D) Construction requiring the alteration of natural topography and removal of vegetation
tends to cause a loss of natural recharge areas and incrcasc excision.
(E) Siltation of•water bodies resulting from'increased erosion decreases their capacity to
hold and transport water. interferes with navigation, and harms flora and fauna.
(F) [mpervlous surfaces increases the volume and rate of Stormwater runoff and allow Icss
water to percolate into the soil, thereby decreasing groundwater recharge.
(G) Improperly managed Stormwater runolYcan increase the incidence of flooding and the
level of floods which occur, endangering property and hurnan life. .
(H) Improperly managed Stormwater runoff can interfere with the maintenance of optimum
salinity in estuarine areas, thereby disrupting biological -.'Productivity.
:r; :Yo :.

(1) The economy ofthe town as well as the health, safety and welfare of its citizens is
dc:pertdc;nt ulOn the preservation of healthy beaches, clean navigable waterways, abundant
fishing and shell fishing resources, and a healthy ecosystem that attracts visitors to the town.
(J) Many future problems can be avoided or substantially mitigated if land is developed in
accordance with sound Stormwater runoff management practices.
(Ord. passed 1 1-1 1-05)
w1§ 154.08 OBJECTIVES.
(A) In order to protect, maintain and enhance both the immediate and the long-tcrnn health.
safety and general welfare of the citizens ofthe town, this subchapter has the tbllowing
objectives:
(1) Promote productive and enjoyable harmony between human activities and nature.
(2) Protect, restore and maintain the chemical, physical and biological integrity ofthe
waters in and arounci the town. ,1:
() Prevent individuals grid husinetis, organizations f-orn causing harm to the community
by activities which adversely aflect water resources.
(4) Encourage the construction ofdrainage systems which aesthetically and functionally
approximate natural systems.
(5) Encourage the protection of natural systems and the use ofthem in ways which do
not impair their beneficial functioning.
(6) Encourage the use of'drainagc systcins, which minimize the consumption of
electrical energy or petroleum fuels to move watcr,.remove pollutants, or maintain the systems.
(7) Minimize the transport of pollutants to area surface waters.
(8) Protect and maintain natural salinity levels in estuarine areas.
(9) Minimize erosion and sedimentation,
(10) Prevent damage to wetlands and, insofar as possible, to the local natural recharge
areas known as interdunal I roughs.
0 1) [']-event damage fi•om flooding while recognizing that natural fluctuations in water
levels are beneficial.
(12) Prolcct, restore and maintain the habitat of fish and wildlife.
i•4

(B) Ensure the attainment of these objectives by requiring the approval and implementation
of'Stormwatcr management plans limr all activitiQs wh,ich;nlay, have a significant adverse impact
upon community waters and nearby properties.
(Orel. passed I I -1 l -05)
i+11§ 154.09 APPLICABILITY.
All development and redevelopment, including but not limited to, all single-family and
duplex residential dwellings, constructed within the town after the effective date of this
subchapter must comply with the minimum Storimwater control standards in ti I y�l_Itl.
(Ord. passed l 1-1 1-05)
§ 154.10 STORMWATER MANAGEMENT STANDARDS.
(A) llerfbi-rrmance stam-larcls. "I'hc proposed developmcnt, development activity, or
redevelopment shall be planned and designed by n prol'Cssional cngincer v, ho shall certify tlrc
system has beest constructed and will Inc maintained to meet each of the f6flowing standards:
(1) Ensure that, after development or redevelopment, runoff from the site approximatcs
the rate of flow, volume and timing of runoff that-wauld`have occurred tbIlowing the same
rainfall under existing conditions and to,the extent*acticable, the predevelopment conditions.
unless runoff is discharged into an off -site drainage tacility.
(2) Maintain the natural hydrodynamic characteristics of the watershed.
( 3) Protect and, to the extent feasible, restore the quality ofsurface waters.
(4) Ensure that erosion during and.at}er dcvcl6IjIIieii't and redevelopment is minimized.
(5) Protect the beneficial functioning of as areas for the natural storage of
surface waters and the chemical reduction and assimilation of pollutants.
(6) Prevent increased flooding and damage that result frorn improper location,
construction, and design of structures in areas which are: presently subject to danger from
flooding.
(7) Prevent or reverse salt water intrusion.
(8) Protect the natural fluctuating levcls`ofsalinity in estuarine areas.
(9) Protect, insofar as possible, the integrity uNriterdunal trough groundwater recharge
areas.

(10) Minimize injury to flora and fauna and adverse impacts to fish and wildlife
habitats.
(1 1) Otherwise further the objcetives ofthis subchapter.
(B) Dvsign standards. To ensure attaihirT4Mt of the objectives ofthis subchapter and to
ensure that performance standards will"Fie rhet, the engineered design, construction and
maintenance of drainage systems shall be consistent with hest management practices of the
c;n;;ineer profession. they I.113. and relevant coders of the t_#niled ,States, `tote of Norlh
Carolina. and the Town of Caswell Beach, h) include but not limited to all town
deArclopment codes, (.'ANIA, and the adopled Larld Use Polir}'.
(C) To ensure adtwreacc to generally,
accepted BNIPs engineered storm -water plans shall at a minimum include the f'ollovving:
(1) Channeling runoff directly into water bodies shall be strictly prohibited. Instead,
runoffshall be routed through swales and 6tlJ&'Systems designed to increase time of
concentration, decrease velocity, increase infiltration; allow suspended solids to settle, and
remove pollutants.
(?) The area of land disturbed by development shall be as small as practicable. Those
areas which are not to be disturbed shall be protected by an adequate barrier from construction
activity. Whenever possible, indigenous vegetation shall he retained and protected. Where this is
not possible, suitable replacement vegetation shall be planted.
(3) No grading, cutting or fillin'g,'sfiail+bc.commenced until erosion and sedimentation
control devices have been installed beRVeen-th4 Uisturbed area and water bodies, watercourses
and wetlands. Following initial soil disturbance or re -disturbance, permanent or temporary
stabilization shall be completed on all perimeter dikes, swales, ditches, perimeter slopes, all
slopes greater than three horizontal to one vertical (3:1), and embankments of ponds.
Requirements for permanent stabilization shall not apply to those areas being used for material
storage or fbr those areas where construction activities are currently being perlbrme:d.
(4) Land which 'has been cleared tier development and upon 'which construction has not
commenced shall be protected from erosion by appropriate techniques designed to revegetate the
area within 30 clays.
(S) Sediment shall be retained<<�n Clrifsltc b itheldevOopmcnt.
(6) Wetlands and other watck&)dies shall not he used as sediment traps during;
development.
(7) Erosion and sedimentation facilities shall be maintained to ensure that they continue
to function properly.

(9) Artificial watercourses designed so that the velocity of flogs- is low enough'to prevent
or minimize erosion.
(u) Vegetated butler strips shall be crebte�cl:cir�'retaincd in their natural state along the
banks of all watercourse's, water'bodies of the buffer shall be sufficient
to prevent erosion, trap the sediment in overland: i-unciff •'provide access to the water body and
allow for periodic flooding without damage to structures.
(1 Q)' }ntennittent watercourses such as swales shall•be vegetated.,-
(1 1) Retention and: detention ponds. shall be used to retain anddetain the increased and
e
acceleratLd runoff which the dcveiopiiicnt generates. Water shall be released from detention
ponds into watercourses or wetlands at.a rate and.in a manner apprrixiinating the natural flow
which would have occurred before development.
12 Although the use of'wetiands for stiiiiiiLi'!ancfi"P•uri 'n T water is encouraged, care
must be taken not to overload their capacity tlicichy iiariiiiiin the wetlands and transitional
vegetation. Wetlands should not be damagedd-by the construction of detention ponds.
(1 3) All development must provide appropriate infiltration to control runotTof the first
one and one-half inches of rainfall from all impervious surfaces on site. The design of the
infiltration method nwst take into account the runotT from any pervious surface drainage that is
directed to the infiltration site. Flow from butters and downspouts shall be diverted as
necessary. Typical designs of appropriate will 6q. pro%°iitcd'tor guidance in the manual of
Storinwater practices. ; All storage:ufrunoff s© that there is,a minimum of
two feet vertical separation between the highest•s6. ,O' rial water table and the bottom of the pipe
or trench or dry well used for storage:
(14) Runoff' from parking lots shall be treated to remove oil and sediment belbre it
enters receiving waters.
(1 S) Detention and retention areas shall he designed so that shorelines are sinuous rather
than straight and so that length of shoreline is maximized, thus offering more space for the
growth of littoral vegetation.
(1 G) The banks of detention and retemtio-n—arc s s101 slope at a gentle grade into the
water as a safeguard against drowning, persorial'iiljury iir'c�tlier accidents, to encourage the
growth of vegetation and to slaw the alternate flooding ind'ckposure of areas along the shore as
water levels periodically rise and fall.
(17) The multiple use of drainage facilities and vegetated buffer zones as open space,
recreation and conservation areas shall be encouraged.
{ 18) Lot owners or contractors shall ncii fill'111�-iie tlian 1,000 feet (if any part of a.pond
or wctland unless that Ixmd or wetland is c paiidrd'c�r'a,ncw rctcntion area is built as

replacement. This expansion or new retention area shall he capable of holding a volume of
Ston-nwater at least equal to the one lost as a result of the; till, The bottom ofthc retention area
shall be at least two feet above the highest seasonal water table, If this should preclude any .
reasonable developinent of the lot, the applicant may apply to the Board of Adjustment for a
variance.
(19) Stormwater nay not be;ra,isch.4rged„ft)-the-beach except within N.C. Division of
Water Quality guidelines. .y,..
(210) Development within the area cif environmental concern (AEC) adjacent to
outstanding resource waters (ORW), as defined by the N.C. Divisiot of Coastal Management,
shall adhere to the Ston-nwater management standards ofthe N.C. Division of Coastal
.Management. The standards of the N.C. Division of Coastal Management shall take precedence
over the standards of this subchapter, pro.videci: however, that the developer shall also be
requircd to adhere to the specific standardsJneluded,in this subchapter that are not in conflict
with the standards of the N.C. ❑ivisio,n,of Coastal Management.
(21) Because this practice reduces Stormwater runoff storage capacity, the artificial
recharge of natural ponds anchor ma.n-made detention and retention ponds with groundwater or
other watcr supplies is prohibited. -This provision shall not apply to groundwater recharge
systems installed and in regular use prior to the etfective date of this subchapter.
(Orel. passed I 1-1 1-05)
,J§ 154.1 l S"FORMWATER MANACENIENT PLAN.
Every application li;or a developm rli{iii�k, t 'a;c=.l:i )ii it:nt permit shall have all cn-illecred
Stormwater management plan in a form acceptable to -the town that meets or exceeds must meet
the standards cif this subchapter. W >
(Ord, passed l l-1 1-05)
0§ 154,12 PROCEDURES AND FEES.
(A) Any person planning a devel6*j_in`lent,iir.-t-c.ctt:�,eltipnlettt, as defined in this subchapter,
Unless exempted, shall submit plan to the town.
(B) A permit fee will be collected at the time the Stormwater management flan is
SLlbmitted an(] will reflect the cost of adininistratlon and management of the permitting proccss.
The Board of Commissioners shall establish a fec schedule based upon the relative complexity of
the project. Should the town ddernflit • i1 nceessay-N7 to hire a constrilitu, cn-inter to %,(-rife
III(- applicants ell"inecred plans ur• let ensure the plans werc followed, subsequent IV(-g shslll
he charf;ed sufficient 14) pay for those services. The tee schedule May be amended from time
to time. and shall be kept on lilc in the Town Clerk's office.

(C) The Stormwater management plan shall not be approved unless it clearly indicates that
the proposal development will nlect the periormancc standards and the design standards of this
subchapter. except where a variance has been granted.
(D) Within 30 clays aller submission oftile eoippl td'Stormwater management plan, the
town shall ►r►aY approve, with or without speclfiC�d 66ndlt►ons or modifications, or reject the plan
and shall notify the applicant accordingly. I1 the town has not rendered a decision within 30 days
alter plan submission. it shall infbrm the applicant of the status of the review process and the;
anticipated completion date. Ifthe plan is rejected or modified, the town shall state its reasons.
While the town will not actually design aii acceptable plan for the applicant, it will do all it can
to work with the applicant to achieve an acceptable project plan in harmony with this
subchapter. Projects requiring formal Planriing.Boarcf aiicl:Board of Commissioners review shall
not be subject to the 30-day requirement. Apl�l;gviI4fi Sto p'liwater- management plans for these
projects shall be determined in conjunction with.thOlanning Board's and the Board of
Commissioner's formal NView process.
(fry) The applicant shall arrange with the town the scheduling of the following inspections:
(1) Initial inspection, Prior to approval of the Stormwater management plan.
(2) 13w-v inspection. Prior to the burial of any underground drainage structure.
(3) l;ro.Nion control inspection. As necessary to ensure effective control of erosion and
sedimentation.
JA
A.
(4) Finish inaspcction. When all work including installation of all drainage facilities has
been completed.
(F) The town shall inspect the work and shall either approve it or notify the applicant in
writing in what respects there has been a failure to comply with the requirerncnts of the approved
Stormwater management plan. Any portion of the work which does not comply shall be
promptly corrected by the applicant or the applicant,will be',subject to the penalty provisions of
this subchapter. fF,;.
(G) Any person aggrieved by the action of any official charged with the cnibrceinent of this
chapter, as to the result of'the disapproval of a properly filed application for a permit; issuance of
a written notice of violation, or an alleged failure to properly enforce the ordinance with regard
to a specific application shall have the right to appeal the action to the Board of Adjustment
`Boon of C;ts%vell 11vach Board of Uornmissiuners. The appeal must be filed within 20 days of
the mailing date of the official transmittal of the final decision or determination to the applicant,
and it must state clearly the grounds on which the appeal is based, and shall be processed in the
manner prescribed for hearing administrative appeals ti-om the order of(Ord. passed 1 1-1 1-05)
L� § 154.13 MANUAL OF STORM WATER HANAGEMENT PRACTICES.

•� t
M�?
The town shall adopt a manual of Storrnwater management practices for the guidance of �^
persons preparing Stonnwater management plans, and designing and operating drainage
systems. The Town Clerk will be the official custodian of this manual.
(Ord. passed 1 1-1 1-05)
i�J§ 154.14 MAINTENANCE,
(A) Every owner of drainage: systems has a responsibility to properly maintain and repair
tile: system utilizing appropriate technology and best management practices.
(B) Any private drainage systcros designed to serve subdivisions, multi -family residential
developments, and commercial structures shell have adequate recorded casements to permit the
town to inspect, and, if neeessary, to take corrective action should the owner fail to properly
maintain the system. A copy of such recorded provisions shall be provided to the town and shall
he considered a condition of any approval granted under this subchapter. Betbre taking
corrective action, the town shall give the owner written notice of the nature of the existing
defects. I f the owner fails within 30 days :frbnl'thc:date of notice to cornmence corrective action.
and theretbre to proceed with due diligence.to make all necessary corrections, and tails to appeal
the matter to the Board of'Adjustment.Contrnissiorter•s, the town may take necessary action. 11'
the town takes necessary corrective action, the cost shall become a lien on the real property until
paid, or if the property is under common ownership, such as a homeowners association, the cost
shall be assessed equitably among all property owners in the subdivision, multi -family
residential development, and/or commercial structure.
(C) The owner of the property on .which .work has been done pursuant to this subchapter for
private Storrnwater management facilitics,:or any other person or agent in control of such
property, shall maintain in good condition and promptly repair and restore all grade surfaces,
drains, structures, and other protective devices. This includes regular removal of dead trees,
leaves, and debris that accumulates in ponds. Such repairs or restoration shall be in accordance
with approved plans.
(.Ord. passers 11-11-05) I'cn:rlty, ,c;e 15=-99
sAa§ 154.15 VARIANCES.
Tlie Board of Adjustment C onimissiviiloi'- r,i,111 hear all requests for variances from the
provisions Of this subchapter.
(Ord. passed 1 1-1 1-05)
ILLICIT STORNIWATER DISCHARGE
:. 154.25 SHORT 'I' TLE.

This subchapter shall he known as the illicit Storrnwatcr Discharge subchaptcr of the Town of
Caswell Beach. North Carolina. ,,;,,
(Ord. passed 11- l 1-05) a^i; s
,.41§ 154.26 FINDINGS OF FACT.
The Board of Commissioners, hased upon compreliensive scicnce as evidenced from dic
UN'CAN.; - Dr. ,Nlike Malin Study of"1111Y 1'411cy CITCk, atTiong other data, finds that the
discharge ofnon-Stormwater drainage to the waters of the state and to the municipal Storrnwatcr
drainage system could have significant adverse impact upon the health, safety and welfare of the
community: More specifically:
(A) Illicit Stonnwater discharges carry pollutalits,itito';i-ccciving water bodies, degrading
water quality and effecting closure ofshell fishing waters.
(B) Nutrients such as phosphorous and nitrogen accelerate eutrophication of receiving
waters adversely affecting flora and f-auna.
(C) Improper connection to the storm drain system and:t.o water of the state adversely
impacts the duality of receiving waters.
(D) Septic tank discharges from non-compliar3t�,`Systems, washing machine discharges and
illegal clumping into Stormwatcr drains are examples of illicit discharges.
(E) The town must have the authority to deter and/or stop illicit discharges to Stormwater
drains, ditches and systems.
(F) Substantial economic losses result. from adverse impacts on community waters through
illicit discharges.
(Cr) Illicit discharges to water bodies diminish their capacity to naturally process runoff
nutrients thereby harming flora and Fauna.
(H) Pollutants in illicit discharges to waters can percolate into the soil thereby decreasing
groundwater quality.
(1) Improperly managed Storm rater systems can decrease the duality ofproperty and
human life.
(J) Improperly managed Storrnwater drait,age:systcros can interfere with the maintenance
of estuarine areas and biological pro ductiv:ity:,..".,
Q• Ufa {/ iF.

(K) Future environmental problems can he avoided if land is developed and used in
compliance with the provisions ofan illicit Stormwater discharge subchapter.
(Ord. passed 1 1-1 1-05)
154.27 OBJECTIVES.
(A) The purpose ofthis subchapter is.'-66`:providc for the hen hh, safety and general weItarc
of the community through the rcgulat,'Ni discharges to the stone drainage
system including the prohibition ofdischarges which adversely affect the duality of -groundwater
and receiving water bodies. This subchapter establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4) in order to comply with
requirements of the National Pollution Discharge Elimination System (NPDES) permit process.
(B) In order to protect, maintain and enhance the immediate and long-term health, safety
and general welfare of the community;,'thi.�[subi tiapter has the fallowing objectives:
{ I) To regulate the contribution of pollutants to the municipal separate storm sewer
system and other community Stonmvater systems by Stormwate:r discharges by any user.
(2) To prohibit illicit connection-, and discharges to the municipal separate storm sewer
system and other community Storrnwater systems,
(3) To establish legal authority to carry out all inspections, surveillances, and
monitoring procedures necessary to ensure compliance with this subchapter.
(4) To encourage productive and •c njoy'able harmony between humanity and nature,
5 To protect and maintain 4clieitiical''h sic.al and biological irate gr rt y of any and all
waters.
(6) To prevent individuals and organizations from causing harm to the community by
activit ics which adversely affect water resources.
(7) To encourage the maintenance^and construction of drainage systems which
aesthetically and functionally approxi'ii3ite natural systems.
.
(S) To cncOuragc town citizens. propert,V6Nvncrs and visitors to be aware of potential
sources of illicit discharges so the:), can better manage their actions in the environment.
(9) To protect natural systems and their- uses in ways that do not impair beneficial
Functioning.
(10) To increase and maintain the quality of groundwater sources.
y

( 11) To protect and maintain estuarine areas.
(12) To prevent damage to waters, nlcludtng kvetlands and groundwater systems.
(13) To protect and maintain fish and wildlife habitats.
(Ord. passed 1 1-1 1-05)
t § 154.28 APPLICABILITY.
(A) This subchapter shall apply to all water entering any storm drain system generated on
any developed or undeveloped lands unlcss,specitically,exeiiipted by the town as an excluded
discharge category.
(8) Stormwater discharges within the town occurring after the effective date of this
subchapter must comply with this subchapter. All persons must take appropriate actions and
measures as defined by this subchapter and other appropriate regulations.
(C) All persons and organizations shall address present non -complying illicit Stormwater
discharges including the lbllowing:
(1) Connections to a Stormwater conveyance or Stormwater conveyance system which
allows the discharge ot'non-Stormwater, other than that in the excluded discharge category, are
unlawful. Prohibited discharges include but are not limited -,to,:
(a) Floor drains.
(b) Waste water from washing machines.
(c) Wastewater trorn sanitary sewers.
(d) Wash water from commercial vehicle washing or steam cleaning.
(e) Connection of dratna&.lcaders fi- irti$ iictures.
(t) Failed or failing wastewater disposal fields.
(g) Illicit discharge resulting from household pet waste.
{h} Illicit discharge resulting from lawn care products including excessive fertilisers,
lawn/landscape chemical treatments.
(i) Disposal of household hazardous,polfutants.;
(1) Abandoned water wells.

(2) Where such connections exist and the connections were made prior to the adoption
of this subchapter or any pertinent ordinance prohibiting such connections, the property owner or
the pel"on using the connection shall remove the co,nttection within one year fallowing adoption
of this subchapter.
(3) The one-year grace period -shall not apply to connections which may result in the
discharge of hazardous materials or other discharges that posc any immediate threat to health and
safety or are likely to result in immediatc injury and harm to real or personal property, natural
resources, wildlife or habitat, or were made in violation of any applicable regulation or
ordinance.
,.s
(4) The town shall designate the time within which the connection shall be removed. In
setting the time limit for compliance, th'. to��n shall take into consideration:
(a) The quantity and complexity ofthe work;
(b) The consequences of delay;
(c) The potential harm to the environment, to public health, and to public and private
property; and
(d) The cost of remedying the damage.
.r
(5) Unless exempted or granted a,yariance pursuant to division (C)(G), a corrective plan
must be submitted and corrective action -to reined}% an idcntified illicit Stormwater discharge
taken before:
(a) A plat is recorded or land is subdivided;
(b) An existing drainage system is altered, rerouted or deepened; or
(c) A new building permit^ if '_issued
(6) The following development activities ar•e exempt fi•om the plan requirement of this
subchapter:
(a) Agricultural activity not involving the artificial drainage of land.
(b) Variances. The town may grant a written variance from any requirement of this
subchapter using the following criteria:
1. There are special circumstances applicable to the subject property or its
intended use; and
Z. The granting ofthe;.variance'Will �not'
1. �i '4 �:�.1 i ".,�' • �

water holy.
a. Significantly increase or decrease the rate of illicit discharge or pollutants.
b. Havc a significant adverse impact on area "40 # wetlands". watercourse or
C. Significantly contribute to the degradation of* water quality.
d• Otlierwise significantly impairjlie attiiinment of the objectives ofthis
subchapter. ;
(Ord. passed 1 l -1 1-05)
i;j§ 154.29 RESPONSIBILITY FOR ADMINISTRATION.
The town shall administer, implement and enkircc the prr)4,isions of this subchapter, flay
powers or duties imposed upon the town may be klegat` d.or contracted in writing to persons or
entities acting in the beneficial interest ol',the town.:'.;
(Ord. passed 1 1- I 1-05)
�J§ 154.30 ULTIMATE RESPONSIBILITY,
The standards set forth herein and promulgated pursuant to this subchapter are minimum
standards, therefore this subchapter dues not intend nor imply that compliance by any person will
ensure that there will be no contamination, pollution. nor unauthorized discharge of'pollutant.s.
(Ord. passed 1 1-1 1-05)
�J§ 1154.31 WATERCOURSE PROTECTION. -
Every person owning property through which a watercourse passes, or such person's lessee,
shall keep and maintain that pant of the watercourse within the property free oftrash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. l'or Ibc purpvscti. of bis section, beavcr dams sliall
be consti-iicd as debris. Beaver control is die.re.spon,,A►i1+ y of' the property owner w bu shall
mitioate Beaver related issiivs in accordance•witb.Stal.e and Federal Law, In addition, the
owner or lessee shall maintain existing privatelyown &c structures within it adjacent to a
watercourse so that such structures will not become a hazard to the use, function or physical
integrity o f the watercourse.
(Ord. passed 1 1- l l -05 )
i

I § 154.32 REQUIREMENTS TO.P,REVENT, CONTROL, AND REDUCE
STORMWATER POLLUTANTS BY "I HE USE OF BEST MANAGEMENT
PRACTICES.
The town will adopt retain the latest avail:ande manual ofhcst management practices -
(BMPs) fbr illustrative; purposes Ibr use by those seeking; to appropriately manage Stormwater
discharges in accordance with this subchapter or applicable ordinances. The owner or operator
ot'a commercial or industrial establishment shall provide, at their own expense, reasonable
protection from accidental discharge of prohibited materials or other wastes into Stormwater
drainage systems or watercourses thr•caugh the use ofstructurai and nonstructural BMPS. Further,
any person responsible 16r a property or premises which is or may be the source of an illicit
discharge, may shall be required to implement;, at said person's expense, additional structural or
non-structural BMPS to prevent the turthcr,discharge of discharge to Storrm",ater drainage,
systems or watercuurscs. Compliance with -all terins and conditions ofa valid NPDES permit
authorizing; the discharge of Stormwater associated with industrial activity, to the extent
practicable. shall be deemed to be in compliance with the provisions ofthis section. shall he the
enforced by Itae Slate of North Carolina. These BMPS shall be part ofa Stormwater
management plan as necessary for compliance with requirements of the NPDES permit.
The owner (or uperrtor rrf a conanaer•eial or industrial establishment shall prepare a facility
sl.accidle pollution response plan thtst''iiichid6s."at a minimum, BN41'standards for spill and
release naana ;ement of the anticipaWd #lows. 'Strflicient r•csponse equipment shall he kept
nn site and properly labeled :as such. All eniployce.s shall be familiar avith the plan and the
equipment. included in the plan shall lae current emerg etwv response nurnhers for local.
st:atc ,and federal 110encies requit•cd to he notified of spills and releases.
(Ord. passed I i -1 l -05)
i-J§ 154.33 PERMITTED DISCHARGE ACTIVITY.
Any person subject to a NPDES Stornnvater discharge permit (including construction
activity, land disturbance permit, industria[sNRDES permit or other NPDES permit) shall comply
with all provisions of'such permit. Prob'fbf,cdiilp'littlice with said permit may be required in a
lbrm acceptable to the town prior to t;he,alknving'ofdischarges to Stormwater drainage Systems
or watercourse.
(Orel. I I -I 1-05)
LJ§ 154.34 DISCHARGE PROHIBITIONS.
(A) No person shall discharge"oj"c:ainto Storrnw:ttcrthainage systems
or watercourses any materials. including" ftl nut 'lini tcd to pollutants or waters containing
pollutants that cause or contribute to a violation ol'applic:able water quality standards, other than
Stormwater.

(R) The coinmericerncnt, conduct or wntinutsnce ot'any illegal discharge to Stornlwatcr
drainage systems or watercourses is prohibited except as described below.
( I) The t6ilow•ing discharges arc exempt from discharge prohibitions established by this
suhchapter:
(a) R€srrrC ground water.
(b) [.J11conta€17rnated pumped ground NA, ter.
systems).
(c) Foundation or fi`€oting drains (not including active groundwater dewatcring
(d) Crawl space pumps.
(e) Other water source not wntaining pollutants.
(2) Discharges specified in writing by the town as being necessary to protect public
health and safety.
(3) Dye testing is an allowable discharge but requires a verbal notification to the town
prior to 111c time ol'the test,
(4) The prohibition shall not apply to any non-Storrn<<ater discharge permitted under a
MIDES permit, waiver, or waste discharge order issued and administered under compliance with
all rCllUlrenients of'the permit, waiver or order and Other.>.applicable laws and regulations, and
provided that written approval has Been granted f'or.:any discharge to Stor7nwatcr drainage
systems or watercourses.
(C) The construction, use, maintenance or continued existence of illicit connections to
Stormwater drainage systems is prohibited. This prohibition expressly includes, without
limitation, connections made in the past, regardless of whether the connection was permissible
under law or practice applicable or prevailing at the time of connection. A person is considered
to be in violation of this subcliapter if the -person conveys non-Sturmwater to Ston-nwater
drainage systems or allows such a connection to continue.
(Ord. passed 11-1 1-05) l cmfli v, sec a 154.99
§ 154.35 MONITORING OF DISCHARGEr:; ? ."
This section applies to all properties that have Stormwatcr discharges.
(A) The town shall be permitted to enter and itispcct prope€ly SUbjCct fir regulation under
this suhchapter as often as may be necessary to determine compliance with this subchapter. Ica
discharger has security measures in tbrce, which require proper identification and clearance
.. 1

before entry onto property, the discharger'shall make the necessary arrangen3cnts to allow access
to representatives of the town.
(B) Existing NPDES permit operators shall allow the town really access to all parts of the
premises fior the purposes of inspection, sampling, examination and copying ofrecords that must
he kept under the conditions ofa NPDI�-S permit to discharge Stormwatcr, and the performance
of any additional duties as defined by state and federal law.
(C) The town has the right to establish on any permitted property such devices as arc
necessary in the opinion of -the town to conduct. monitoring and/or sampling of the Stormwatcr
discharge from the property. Sampling m{}y ii]cludc turbidity, conlorm, nutrients, suspended
solids. Other testing devices for existii]g syslems;t ray ii3cludc video recording dye testing or
similar techniques.
(D) The town has the right to require NPDES permittces discharging Stormwatcr to install
monitoring equipment as necessary. The facilities sampling and monitoring equipment shall be
maintained at all times in a safe and operating condition by the discharger at his or her expense.
All devices used to measure Stormwater flow. anal quality shall be calibrated to cr]sure their
accuracy. r,
(E) luny temporary or permanent,obstruction'to safe and easy access to the property to be
inspected and/or sampled shall be pron3ptly removed by the operator at the written or oral
request of the town and shall not be replaced. '['lie cost of clearing such access shall be home by
the property owner. (F) Unreasonable delays in allowing the town access to a permitted
property is a violation ofa Stormwatcr discharge permit and of this subchapter. A person who is
the operator ofa praperty with a NPDES permit to discharge Stormwater associated with
industrial activity commits an offense if the person denies the town reasonable access to the
permitted facility for the purpose ofconducting any activity authorized or required by this
subchapter. (G) I f the town has been refused access to any part of the premises from which
Stormwater is discharged, and is able to demonstrate probable cause to believe that there may be
a violation of this subchapter. or that,there.is'itiheed:to inspect and/or sample as part of routine
inspection and sampling program des`ignecfto verify compliance with this subchapter or any
other order issued hereunder, or to protect the overall pubic health, safety and general welfare of
the community, then the toxvn may seek issuance ofa search warrant from any court ofa
competent .jurisdiction.
(Ord. passed 1 1-1 l -05 )
154.36 SUSPENSION OF S`iiORR1WATER DRAIN ACCESS.
(A) The town may, without prlor''notice, suspend Stormwater drain discharge access to a
person or business when such suspensimi is necessary to stop an actual or threatened discharge
which presents or may present immincm and substantial danger to the environment, or to the
heath or welfare of persons. or to Stormwater drain systems, or to tl]c waters of the community.
Ifthe violator fails to comply with a suspension Girder issued in all ci]]ergcncy, the town may take
pit �5i i'I� �'�� �t•1

such steps as deemed necessary to prevent or niiitimize damage to Stormwater systems or to the
\vaters of the community. or to minimize damage tc)"p,L•rsoij§; (F3) Any person discharging to
a Stormwater drainage system inviolation of this suhc�i�i 1 ci- may have their Stormwater
drainage access terminated if such termination would,abate,or reduce an illicit discharge. The
town will notify the violator of the proposed termination of its Stormwater drainage access. The
violator may petition (lie town !or a rccurisideration and hearing.
(Ord. 1 I -1 1-05)
154.37 NOTIFICATION OF SPILLS
Notwithstanding other requirements of law, as'soon s any person responsible for it facility or
Operation, or responsible for emergency response for a facility or operation, has intbrmation of
any known or suspected release of materials which are resulting in or may result in illegal
discharges or pollutants discharging into Stormvatcr, Stormwater system or community waters,
said person shall itt mv.diately implement their spill or release c:ontainmeni plan and take all
necessary steps to ensure the discovery, containment and cleanup of such release. In the event of
such a release of hazardous materials said person shall immediately notify emergency response
agencies, town police, fire and rescue departments. and town offices of the occurrence via
emergency dispatch services. In the event of a release of non -hazardous materials, said person
shall notify the town in person or by phone or facsimile no later than the next business day.
Notifications in person or by phone shall be contirnied:;hy;written notice addressed and mailed to
the town within three business days of the phone no'iicc� If`the discharge of prohibited materials
emanates from a commercial or business establishment, the owner or operator of such
estahhshment shall also retain an on -site written record of the discharge and the actions taken to
prevent its recurrence. Such records sltall be retained for at least three years.
(Ord. passed 1 1-1 1-05)
1154.38 NOTICE OF VIOLATION.;::'.
(A) Any activity that is commenced without cctI' iincc with this subchapter or is contrary
to an approved plan as required by this subchapter shall be deemed a public nuisance and may he
restrained by injunction or otherwise abated in a manner provided by law. (See 1-54.99)
(B) When the town determines that an activity is not being carried out in accordance with
the requirements of this suhchapter, the town will issue a written notice ofviolation to the owner
ofthe property. The notice ofviolation shall contain:
(1) The name and address oI'the owner or applicant.
(?) The street address when available or'a desci'ipt,.i<'ti of'the building structure or land
upon which the violation is occurring. z
(3) A statement specifying the nature of the violation.

{=1) A description of the :'cnlcdial act u0ns:nccessar-y to bring the development activity
into compliance with this subchapter and a'tinic schedule for completion ofsuch remedial action.
(5) A statement ofthe penalty or penalties that shall or,nay be assessed against the
person to whom the notice ofviolation is directed.
((,') The notice (of violation shall be served upon the person to whom it is directed either
pel'sonally, In the manner provided lbr personal service of notices by the court of local
jurisdiction or by mailing a copy ofthc nditice i�f vis�latultl by CCl'tIfIGCI mail, postage prepaid,
return receipt requested to such persori at perscinIs last known address.
(D) Any violator may be required to restore land to its undisturbed condition. Notice shall
set forth a deadline within which such remediation or restoration must be completed, in the
event that restoration is not undertaken within a reasonable time afier notice, the town may take
necessary corrective action, the cost (dwhich shall become alien upon the property until paid.
Costs to the property owner mzty include:
(1) The performance of monitoring, analysis and reporting,.
(2) The elimination ofillicit cconne;ct1 ris and discharges.
(3) The abatement or rellle(liationi(7t StOr]1tWater pollution or' contamination hazards and
the restoration ofany ai'iccted proper(y.
(4) Payment ofcosts 1br town administrative and xemedrat ion costs.
(5) Town's cost for implementing source control or treatment BMPs.
(E) If abatement of a vio]at ion,arld/or iestoration ofaffectcd property is required.. the said
notice shall further advise that, should'ithb,violator fail to remediate or restore within the
established deadline, the town or a contractor will do the work and the expense thereofshall be
charged to the violator.
(Ord. passed 1 1-1 1-05 )
Q§ 154.39 APPEAL OF NOTICE OF VIOLATION.
A notice of violation issued pursuallt to this subchapter constitutes a determination trom
which admini1 trativc appeal may be taker) to the Board ofCommissioners. missioners. A statement will be
issued that the town's determination oi'.;vi(i'1Httdiil:nlay be:appcalcd to the Board of
Commissioners by filing a written notice' 15 days of service of notice of
violation. The decision ofthe Board 6fC(ofilriiissi< n&s shall be final.
(Gird. passed 1 1-1 1-05)

tw -N
154.40 ENFORCEMENT MEASURES AFTER APPEAL.
Ifthe violation has not heen corrected pursuant to the requirciitents set firth in the notice of
violation. or, in the event ofan appeal within 15 days of the decision oftlie Board of
Conimissioncrs upholding the violation. representatives ofthe town may enter upon the subject
property and take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, or agent in possession of any premises to
refuse to allow the town or their designated contractor to enter upon the premises for the
purposes set tbi-th above.
(Ord. passed i 1-1 1-05 )
fa§ 154.41 INJUNCTIVE RELIEF.
It shall be unlawful f6r any person to violate any provisions or fail to comply with any of the
requirements o#'this subchapter. Ifa person violates or, continues to violate the provisions of this
subchapter, the town stay petition for a preliminary or permanent injunction restraining the
person from activities which would create further violations or compelling the person to perform
abatement orrerncdiationofthe violation.
(Ord. passed I 1-11-05) l'cnalty, sce � 15= Q()
Q§ 154.42 ALTERNATIVE COMPENSATORY ACTION.
In lieu of enforcement proceedings, penalties and remedies authorized by this subehapter, the
town may impose alternative cotnpensatory action upon a violator. Alterriative compensatory
action will be established in equitable measures and may include items such as:
(A) Community service.
(B) Attendancc at compliance workshops. .
(C) Beach cleanup.
(D) Public education eflbrts.
( Ord. passed 11- l 1-05 )
§ 154.43 VIOLATIONS DEEM ED A,•P,UBLIC NUISANCE.
In addition to the enforcement processes and•penalties provided. any condition caused or
permitted to exist in violation of any of the provisions ofthis subehapter is a threat to public
health, safety and welfare, and is declared and deemed a nuisance, may be sutntnaril_y abated or
E
�t,:

restored at the violator's expense; and/iri a civil action to abate, enjoin, or otherwise compel the
cessation ofsueh nuisance may tic taken. (N( (:S 100A-93)
(Ord. passed 1 l -1 1-05 )
154.44 CRIMINAL PROSECUTION.
(A) Any person that has violated or continues to violate this subchapter shall be liable to
criminal prosecution to the fullest extent of the la\v, and shall he subject to a criminal penalty
cost, per each day of violation, and!or imprisonment fi)r a period of time not to exceed statutory
limits.
(B) The town may recover all attorney's tees. court costs, and other expenses associated
with enforcement ofthis subchapter, including sampling and monitoring expenses.
( Ord. passel 11- l l -05 )
0§ 154.45 REMEDIES NOT EXCL(JS1VE.
The remedies listed in this subchapter are not exclusive of any other rcmeclics available -under
fluty applicable federal, state or local law and it is within the discretion of the town to seek
cumulative remedies.
(Ord. passed 1 1-1 1-05)
154.99 ENFORCEMENT A1ND.,PENALTIES
(A) Any development activity that' is'comniei.iced without prior approval of a Stormwater
management plan or is conducted contrary to an approved Stormwater management plan as
required by this chapter may be deemed a public health nuisance and may be restrained by
injunction or otherwise abated in a manner prescribed by law, In addition to or as an alternative
to any penalty provided herein or by law. any person who violates the provisions ofthis chapter
is subject to a civil penalty. The penalty shall not he less than $100 nor more than $1,000. Such
person shall he guilty of a separate offense fir each day during which the violation occurs or
continues, If the violator does not pay a civil penalty assessed by the town within 10 days afier it
is clue, the town may institute a civil action to recover.thc amount of the penalty assessed in the:
Superior Court of -Brunswick County. An,asses�cd penalty .that is not contested is clue w-hen the
violator is served with a notice oFviolatio.ii. iAri`askssntetit that is contested is due at the
conclusion of'the administrative andlor'3Udrela1 fCview ofthc assessment.
(B) Any violator may be required to restore the land disturbed by the violator to its
undisturbed condition. In such cases, the town shall bring an action for mandatory and/or
prohibitory injunction and orderofabatemcm. Shouid the violator fail to restore the land in

accordance with the court's order of abatement, the town rnay. cxecute the order of abateme[it
and levy a lien upon the property restored. "Z,1�
(C) When the town dc-termines that devel6pt'iietit.a,ctivity is not being carried out in
Coll tc)rslianee with the requirements of this chapter, a stop work order and notice of violation
shall be issued to the owner of the property. The notice of violation shall contain:
(1) The name and address of the owner or developer.
(2) The street address when available or a description of the building structure or land
upon which the violation is occurring,
(3) A statement specifying the nature of,the violation.
(4) A description of the remedial actions ricce�sary.,,W,bring the development into
compliance Nvith this chapter and a time schedule for completion of'such remedial action.
(5) A statement ofthe penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed,
(6) A statement that the town's determination maybe -appealed to the Board of
Adjustment by filing a written notice of appeal.talith,thesi'oW�nrwithin 15 days of service of the
notice ofviolation,
(D) The notice of violation shall he served upon the person to whose it is directed in any of:
or any combination of:, the following methods:
( l ) By personal service upon the violator.
(2) By trailing a copy of the notice of violation by certified mail, postage prepaid,
returned receipt requested to such person at his or her last known address. Notice shall be
deemed to be rcccived if no return is received within ten days of tile date of such mailing.
(3) By posting a notice in a visible location.upon the property where a violation is or
vas occurring. Notice of the violation shall be decnicd,to be received by the violator
immediately upon such posting-
(E) A notice of'violation issued pursuant to this section constitutes a determination from
which an administrative appeal may be taken to the Board of'Adjustment.
(p) No action. inaction or election of remedy shall be cotistrued as a waiver ofthe town's
right to cntiorce any part of this chapter by tmv and all rehiedies provided herein.

e t
0� WA
7
>
Memqra,pd,um, of Agreement
etween
The State of Norr" arolina�§'Division of Water Quality
I And the
Town of Community, North Carolina
Effective:
July 01, 20?? through June 30, 20??
1 14, 444,
Town of COMMUNITY MOA
Page of

MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is made by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY (the DWQ) and the Town of Community
(COMMUNITY), North Carolina concerning�thc implementation of the DWQ-sponsored
Universal Stormwater Management Program.
The MOA includes all the attached appendices. '
COMMUNITY proposes to adopt and implement the voluntary, state Universal
Stormwater Management program (USMP) on all new, proposed development projects
within the jurisdiction of COMMUNITY. COMMUNITY proposes to require all
developments disturbing 5, 000 square feet or more.of land to meet the stonnwater
requirements of the USMP. Additionally, C016.WN`I` .Y proposes that all residential
development shall control stormwater throti'gh liel es n and installation of stormwater
controls on a lot -by -lot basis. COMMUNITY encourages the use of `Low Impact
Development' techniques to achieve this to,the maximum extent practicable.
The USMP state rule is found in the North Carolina Administrative Code 15A NCAC
02H .1020 and is found in Appendix A of this MOA.
The USMP requires that in the twenty coastal counties, new developments control and
treat the stormwater runoff from the first one and one-half inches of rainfall from rain.
events. The USMP requires that new developments remove an 85 percent average annual
amount of Total Suspended Solids. For'deten°tion p'on'dg;'the USMP requires the
stormwater treatment volume to be drawdown 'no faster than 48 hours, but no slower than
120 hours. The USMP requires that the storage'wolume of structural stormwater controls
required by this rule shall discharge at a rate equal to or less than the pre -development
discharge rate for the 1-year, 24-hour storm. The USMP further mandates that structural
storrnwater controls required by this rule shall meet the general engineering design
criteria found in 15A NCAC 02H. 1008 (c), found in Appendix A.
The USMP rule has other stormwater control design requirements, procedural and plan
requirements as outlined in the state rule arid';inCoi-06rated into the COMMUNITY USMP
ordinance.
COMMUNITY adopted a Universal Stormwater Management ordinance oil
2008. The DWQ approved the COMMUNITY USMP ordinance on
.2008.
This MOA does not affect any of the existing Federal, State or local requirements of
COMMUNITY and owner/developers with respect to development review requirements,
except as outlined below. For example, any required CAMA reviews, Erosion and
Sedimentation Control permits, and any other Fcderal, State or local development review
requirements shall still be required after the execution of this MOA.
Town of COMMUNITY MOA 11/15/11 Page of

COMMUNITY is exempted from the requirement of a separate state stormwater permit
for eligible construction projects within the jurisdiction of COMMUNITY, beginning on
the effective date of this MOA and continuing for the duration of COMMUNITY's
participation in this MOA.
Subsequent to the execution of this MOA, the DWQ will issue a letter to COMMUNITY
notifying them that the state stonnwater permits requirements are not effective for as long
as this MOA is in place and COMMUNITY remains a party to this MOA.
The purpose of this MOA is to establish a formal agreement between the DWQ and
COMMUNITY outlining and respective responsibility of each party in implementing and
carrying out the duties of the Universal Stormwater Management Program.
This MOA identifies the responsibilities'of COMMUNITY and the DWQ in the
implementation of the USMP.
COMMUNITY's responsibilities shall include the initial review of•proposed
COMMUNITY development plans, the collection of stonnwater pen -nit fees, the issuance
of the stonnwater pen -nit under the USMP ordinance, administering the procedural
requirements required under the ordinance including but not limited to, maintaining the
stormwater map and as -built drawings, the receipt of annual inspection reports, and
issuing fines and enforcement of.th, ordinance if necessary. The COMMUNITY USMP
ordinance is found in Appendix B of this MOA.
The DWQ's responsibilities shall include the review of the development plans to
determine if they meet the stormwater requirements of the COMMUNITY USMP.
The DWQ shall receive a portion of the stonnwater permit fee for its review of the
development plans as outlined in COMMUNITY Administrative Manual and in the
COMMUNITY USMP Schedule of Fees.
The COMMUNITY USMP Administrative -Manual is specified in Appendix C of this
MOA.
The stormwater permit fee to be charged for Community stonnwater permits and any
sharing of fees by the DWQ for plan review by DWQ staff on behalf ofF are
described in Appendix D —COMMUNITY USMP Schedule of' Fees of this MOA.
COMMUNITY shall review and comment on work, data or reports prepared by any
contractor on behalf'of COMMUNITY aid shall notify the DWQ of any objection or
disagreement with any portion ofthe work, data; or reports. Unless such notice is made
within 30 days of�submission of th&tinnixia!"report' or other reports to the DWQ, notice
shall be deemed to be waived aiid4lie vi6"rk data and reports submitted shall -be deemed
to be approved by COMMUNITY.'
COMMUNITY shall submit an annual written report that summarizes the year's new
development approvals for the previous calendar year. The report shall include
`town of COMMUNrry MOA 11/15/11
Page of

e
information of the type and location of the new development, the amount of runoff
controlled and the type of structural stormwater controls used to control and treat such
runoff, and documentation that USMP stormwater design standards have been met. The
annual report shall include the stonnwater permit number of each new development
approved including a contact name and phone number for each developer.
The previous year's report shall be submitted no later than 30 days after the date of
execution of this MOA (30 days plus 12 months for the first report), each year that this
MOA is in effect.
COMMUNITY understands and agrees that .COM1VIUNITY's administration and
implementation of the USMP is subject to a DWQ audit and to possible revocation of the
MOA and COMMUNITY USMP approval if findings result from such an audit that are
solely determined in the opinion of the DWQ to be significant enough to warrant
revocation of program approval.
Failure by COMMUNITY to submit the annual repbrf-'tlscribed in this MOA or to
provide any other requested audit data to th'e'DW ih tlie.required format may result in
the revocation of this MOA by'the DWQ.App�'riW.x 1✓'8f this MOA describes the
required annual report content. One copy, signed by COMMUNITY, of these and any
other reports required herein, shall be submitted to The Division of Water Quality,
Attention: Supervisor, Stormwater Permitting Unit, Wetlands and Stormwater Branch,
1617 Mail Service Center, Raleigh, NC 27699-1617
This MOA may be modified by the written consent of the DWQ and COMMUNITY, The
DWQ or COMMUNITY may determine that it is necessary to request changes in this
agreement. Any such changes can only be made by a written amendment to this MOA
agreed to by the DWQ and COMMUNITY.' The amendment shall be signed by
COMMUNITY and by the DWQ. Such amendmcnts'iiiay be entered into at any time.
This MOA shall be effective until June 30, 20??;.unless extended by the consent of the
DWQ and COMMUNITY. Upon 90 days written notice, the DWQ or COMMUNITY
may terminate this MOA for any reason. Upon termination of this MOA, any state
stormwater requirements in existence at the time of the termination shall be re -instated as
a requirement for new developments proposed within the jurisdiction of COMMUNITY
and shall become effective immediately upon such cancellation or termination.
IN WITNESS WHEREOF, the parties;lha've.`causedltlie`sexecution of this instrument by
authority duly given, to be effective as of the date'exccuted by the DWQ.
DIVISION OF WATER QUALITY TOWN OF COMMUNITY
Coleen 1-1. Sullins
Director, Division of Water Quality
Town of COMMUNITY MOA 11/15/11
Official
Town of Community
Page of

Dated: :` : , Dated:
1
"[ own of COMMUNITY MOA 11/15/11
Page of _

Appendices
Town of COMMUNITY MOA 11/15/11 Page of