HILDEBRAN_COMPLETE FILE - HISTORICAL_20080222

STORMWATER DIVISION CODING SHEET
Municipalities N.OT MS4
PERMIT NO.
NCS0000_ ti pYr
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
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TOWN OF HILDEBRAN
'Ala l3w,� R .2d& - ins 0,. %,,, .
OFFICE OF THE MAYOR
February 22, 2008
Mr. Mike Randall
Department of Water Quality
Stormwater Permitting
1617 Mail Service Center
Raleigh, NC 27699-1617
Dear Mr. Randall:
This letter is a formal request to have the Town of Hildebran's Stormwater Discharge
Permit number NCS000419 rescinded and a waiver granted pursuant to 40 CFR 122.32. The
Town of Hildebran has'a population of 1,761 with the majority of the population served by
County sewer lines and private water corporation Line's: The Town maintains 5.25 miles of
street, all have shoulders and ditches. "
The Town of I-Iildebran does not drain into water bodies that are; presently, either
impaired or do not meet water quality standards. The majority of the Town is located in a Water
Supply Watershed IV Protected Area (see map). Due to these water quality regulations already
in place, the Town of Hildebran does not anticipate that future discharges from the Town will
have negative impact on water bodies receiving the area's drainage. "There are existing
municipal programs (listed below) in place to ensure the Town of Hildebran's operation and
activities have minimum contribution to the pollutant loadings of the local reservoirs.
The Town of Hildebran will continue to protect its water quality through its Stormwater
management efforts as outlined below:.
I. NCDENR currently provides Sedimentation and Erosion Control permitting. For
projects that require a Sedimentation and Erosion Control Permit, the Town of Hildebran
will not approve plans unless a, copy of the erosion control permit approval letter is
submitted. The Town will continue to work with the State to troubleshoot construction
sites and undeveloped land that may have erosion or sedimentation problems;
2. The Town of Hildebran will encourage low density development and low impact
development through our Land Use and Watershed Ordinances;
3. 'Town staff has attended and will continue to attend workshops and conferences to,insure
"Good Housekeeping" practices'are used in the`Town's facilities and by the workers in
the field;
POST OFFICE BOX 87 • HILDEBRAN, NORTH CAROLINA 28637 • [phone]

4. The "]'own will continue to use workshops, newsletters, direct mailings and its website to
provide information to its residents and businesses about minimizing our impact on the
local water supply;
5. 'town staff will continue to work with the region's Stormwater Working; Group to
spearhead public outreach and support opportunities,
G. The Town has adopted an Illicit Discharge Ordinance as part of the Phase II Stormwater
Ordinance. The Town will keep the Illicit Discharge Ordinance in place to provide the
legal authority to monitor activity within the corporate limits that may result In degrading
water duality;
7. The "Town presently maintains 5.25 miles of street all of which have shoulders and
ditches;
8. The Town participates in the NCDOT semi-annual roadside litter sweep program;
9. The Town utilizes NC Department of Corrections inmates to provide labor for roadside
cleanup;
10. The majority of Town is served by public water and sewer, those with septic tanks are
required to connect to the system of the septic tank system fails;
Stormwater from the Town of Nildebran discharges into the Catawba River from tributary
streams. Listed below are the local creeks that contribute to the discharge to the Catawba River:
Receiving,
Stream Name
Stream Segment
Water Quality,
Classification"
Use Support
Ratin '
Water Quality
Issues
Drowning Creek
From railroad at US 70
WS-Iv
NIA
NIA
north to Huffman Ave to
Wilson Ln to Shepherd
Ct.
Drowning Creek
Fronl Cline Park Dr north
WS-Iv
NIA
NIA
to Wilson Rd to Bridges
St.
Ifyou need any more information, please do not hesitate to contact me at
ioiln.kiniey�l�vt�cot~.org� or [phone].
Thank y ,
ohn Kin ey
Town Planne
Town of I-lildebran
cc: Ella Caudlc, "Town Clerk

m
TOWN OF HILDEBRAN
OFFICE OF THE MAYOR
October 26, 2007
William H. Diuguid, A1CP
Community Planner;
Wetlands and Stormwater Branch
Division of Water Quality Department of. I3nvironmcnt and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Subject: Phase 11 Stormwater Ordinance — TOWn of Hildebran, NC
Dear William:
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Attached is the Town of Hildebran's adopted Stormwrater Ordinance and the approved minutes
From the public hearing. The meeting was held September 18, 2007. There was no public
comment. The "]•own Council voted unanimously to approve the Ordinance.
ll' you have any questions or need anything further, please contact me at [phone]. "Thank
YOU.
Sincerely,
John R. Kinley
Town Planner
POST OFFICE BOX 87 • HILDEBRAN, NORTH CAROLINA 28637 • (m) 397-5801

TOWN OF HILDEBRAN SEPTEMBER 18, 2007
7:30 PM
TIN REGULAR MEETING
& PUBLIC HEARING
CALL TO ORDER Mayor Hildebrand called the meeting to order at 7:30 PM.
INVOCATION Mayor Hildebrand called for a moment of silent meditation.
COUNCIL The following members of the Board were present: Mayor Hildebrand,
PRESENT Council Members Williamson, Cook, Orders and Robinson.
STAFF The following staff members were present: Attorney Redmond Dill,
PRESENT Town Clerk Ella Caudle, Deputy Clerk Fredrick Rankins and
Administrative Assistant Evelyn Moore.
CITIZENS See attached list.
PRESENT
MEDIA No news media attended the meeting.
ADOPTION Council Member Cook motioned to adopt the agenda for the September
OF AGENDA 18'h Meeting. Council Member Orders seconded and all voted in favor.
MINUTES Council Member Cook motioned to approve the Regular Meeting
Minutes for August 21, 2007. Council Member Williamson seconded
and all voted in favor.
PUBLIC Mike Huffman, a business owner in town, asked Council to consider
COMMENT extending the town sewer line on Main Avenue East to serve property
that he has bought for business purposes.
PUBLIC Mayor Hildebrand opened the Public Hearing at 7:35 PM to receive
HEARING: citizens' comments on a proposed Stormwater Ordinance. This
STORMWATER Ordinance was adapted from a model ordinance developed at UNC
ORIDNANCE School of Government to meet the needs of the communities in this
region. There being no other citizens' comments, Mayor Hildebrand
closed the Public Hearing at 7:40 PM_
UNFINISHED There were no items of unfinished business.
BUSINESS

NEW
BUSINESS:
ADOPTION OF Council Member Williamson motioned to adopt the Stormwater
STORMWATER Ordinance. Council Member Cook seconded and all voted in favor. A
ORDINANCE copy of the Stormwater Ordinance #9-18-07 is attached and hereby made
a part of these minutes (see attachment A).
FY 2006-2007 S. Eric Bowman, P.A. summarized the FY 2006-2007 Audit Report for
AUDIT REPORT Council. Mr. Bowman stated the town is in good financial standing. He
suggested the town continue to subsidize the sewer fund with the one cent
sales tax revenues. Council Member Cook motioned to approve the
Audit Report. Council Member Robinson seconded and all voted in
favor.
PLANNING Town Planner John Kinley updated Council on the proposed Zoning
BOARD Ordinance changes that the Planning Board reviewed at their September
1 lth Meeting. He also requested that Council call for a public hearing at
the September Council Meeting for a rezoning request at 401/407 Main
Avenue East. Council Member Cook made a motion to schedule a public
hearing on October 16, 2007 at 7:00 PM. Council Member Orders
seconded and all voted in favor.
MEETING Council discussed changing the monthly Council Meeting from 7:30 PM
SCHEDULE to 7:00 PM. Council Member Orders motioned to change the Council
Meeting time to 7.00 PM effective the October 2007 meeting. Council
Member Robinson seconded and all voted in favor.
TAX RELEASE Tax Collector Ella Caudle presented Council with a tax release and
& REFUND- refund for Thomas and Patsy Dennie. The Burke County Board of E&R
DENNIE reduced the value of their property by $3,467. Since the 2007 taxes have
already been paid to the town, this request is also for a refund in the
amount of $5.20. Council Member Cook made a motion to approve the
release and refund. Council Member Orders seconded and all voted in
favor.
RENTAL HOUSE Council discussed what they feel is appropriate liability insurance limits
LEASE and maintenance responsibilities for the town's rental house. They
instructed the Town Attorney Redmond Dill to put the suggested changes
in the new leases he is currently working on.
GATEWAY Council was presented with an invoice from HSMM for work completed
SIGN INVOICE on the gateway sign project to date. This invoice is $2,500. Council
Member Cook motioned to approve this invoice. Council Member
Orders seconded and all voted in favor.
2

NORTH CENTER Council was presented with an invoice from HSMM that includes
ST. SEWER change order #2 and right of way maps for the North Center Street
PROJECT Sewer Project. This will complete all billing by HSMM for this project.
INVOICE Council Member Cook made a motion to approve this invoice. Council
Member Robinson seconded and all voted in favor.
NCDOT BICYCLE Council was given information on the NCDOT Bicycle and Pedestrian
& PEDESTRIAN Grant. As of September 5, 2007 they are accepting applications for 2008.
GRANT Council Member Williamson motioned to approach Western Piedmont
Council of Governments about applying for this grant on behalf of the
town. Council Member Robinson seconded and all voted in favor.
OTHER BUSINESS:
NC PARKS & Council was presented with information on the North Carolina Parks and
RECREATION Recreation Trust Fund that provides grants to local governments for
TRUST FUND public recreation or to protect the natural and scenic resources of
property. Funds can also be used to build or renovate recreational
facilities. Applications are due by 5:00 PM on January 31, 2008.
Council directed staff to contact HSMM about this grant helping with the
Downtown Master Plan implementation. Council requested that HSMM
provide this information at the October Council Meeting.
Council Member Williamson asked that HSMM also check on the
possibility of applying for the "Safe Routes to School Program" from the
NCDOT.
SEWER STUDY Council Member Williamson updated Council on a meeting with Stearns
UPDATE and Wheler on the Sewer Study recommendation. She stated they will be
sending monthly updates to the committee members and also to the town.
They have scheduled a meeting with Burke County Public Works, the
Town of Longview and Valdese. They expect to have a final report for
Council in early 2008.
MIKE HUFFMAN Council Member Williamson motioned that staff contact West
REQUEST Consultants about the feasibility of providing sewer service at 401 /407
Main Avenue East. Council Member Cook seconded and all voted in
favor. Council requested that West Consultants report back to them at the
October Council Meeting.
ADJOURN All business being concluded, Council Member Williamson motioned to
adjourn at 8.26 PM. Council Member Cook seconded and all
voted in favor.
ATTEST:
I attest these are the approvec
Ella M. Caudle, CMC Town Clez

ATTACHMENT A
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ORDINANCE 9-18-07
AN ORDINANCE TO ADOPT THE H9,DEBR.AN PHASE 11 STORMWATER ORDINANCE
WHEREAS, it is the desire of the Council of the Town of Hildebran to continually update and
revise the FiEdebran Ordinances in accordance with the needs of the citizens of the Town of
Hildebran; and
WHEREAS, the Town ofI-Tildebran has been issued a NPEDS (National Pollutant Discharge
Elimination System) permit; and
WHEREAS, the NPEDS permit mandates an ordinance to control stormwater, improve water
quality and regulating illicit discharges; and
WHEREAS, the Nfldebran Planning Board has reviewed the proposed Phase H Stormwater
Ordinance; and
WHEREAS, the Town Council has held a public hearing to consider public comments
regarding the proposed ordinance:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF HILDEBRAN, NC:
The Town Council shall cause the Phase II Stormwater Ordinance to be added to the Town
Ordinances.
Adopted upon the 1 st reading, this
18th day of Septrblr 2007,E
r
Wendelltiilde6rand, Mayor .

TOWN OF
HILDEBRAN
PHASE II
STORMWATER
ORDINANCE
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AD01"1•FI) BY COUNCIL ON SEPTEMBER 18, 2007.

Phase 11 Stormwater Ordinance
•
•
PHASE II STORMWATER ORDINANCE
TOWN OF HILDEBRAN, NC
Art.
I.
General Provisions
Art.
11.
Applicability and Jurisdiction
Art.
111.
Administration and Procedures
Art.
IV.
Standards
Art.
V.
Maintenance
Art.
V1.
E.,nforcement and Violations
Art.
VII.
Illicit Discharges
Art.
VIII.
Definitions
9/ 18/2007

Phase II Stormwater Ordinance
ARTICLE I. GENERAL PROVISIONS
Section 1.1 TITLE
This Ordinance shall be officially known as the "Phase II Stormwater Ordinance for the Town of
I-lildebran, North Carolina," and may be referred to as "Stormwater Ordinance"
Section 1.2 AUTHORITY
The Town Council of the "Town of l-lildebran is authorized to adopt this Ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 Of the COnStitLlti011 of North Carolina;
North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission there under; Session haw 2004-163; Chapter 160A, §5 174, 185.
Section 1.3 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and
point source pollution, and sediment transport and deposition, as well as reducing groundwater
recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural
environment: and
"These effects can be managed and minimized by applying proper design and well -planned controls
to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase Il
Stormwater Rules promulgated under it; as well as rules of the North Carolina Environmental
Management Commission promulgated in response to federal Phase 11 requirements, compel certain
urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those
included in this Ordinance.
Therefore, the Town Council of the "Town of Hildebran 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.
Section 1.4 PURPOSE
(A) General
The purpose of this Ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing iminimuln requirements and procedures to
9/18/2007 2

Phase 11 Stormwater Ordinance
. control the adverse effects of increased post -development stormwater runoffand nonpoint and
point source pollution associated with new development and redevelopment, as well as illicit
discharges into the municipal stormwater systems. It has been determined that proper
management of construction -related and post -development stormwater runoff will minimize
damage to public and private property and infrastructure, safeguard the public health, safety, and
general welfare, and protect water and aquatic resources.
(13) Specific
This Ordinance seeks to meet its general purpose through the following specific objectives and
means:
1.
Establishing decision -making processes for development that protects the
integrity of watersheds and preserves the health of water resources;
2.
Requiring that new development and redevelopment maintain the pre -
development hydrologic response in their past -development state as nearly as
practicable for the applicable design storm to reduce flooding, stream bank
erosion, nonpoint and point source pollution and increases in stream temperature,
and to maintain the integrity of'stream channels and aquatic habitats;
3.
Establishing minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality;
4.
Establishing design and review criteria for the construction, function, and use of
structural stormwater Best Management Practices (BMPs) that may be used to
meet the minimum post -development stormwater management standards.
5.
Encouraging the use of better management and site design practices, such as the
use of vegetated conveyances for stormwater and the preservation of green space,
riparian buffers and other conservation areas to the maximum extent practicable;
6.
Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety:
7.
Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection ot'approved
projects, and to assure appropriate long-term maintenance.
8.
Controlling illicit discharges into the municipal separate stormwater system,
ARTICLE 11. APPLICABILITY AND JURISDICTION
Section 2.1 AUT1-IORITY
(A) General
Beginning with and subsequent to its effective date, this Ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan application, subdivision
9/18/2007

Phase 11 Stormwater Ordinance
application, and grading applications; unless exempt pursuant to Subsection (13) of this Section,
Exemptions.
(13) Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this Ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this Ordinance.
Development and redevelopment that disturb less than one acre are not exempt if such activities
are part of a larger common plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean Water
Act as specified in 40 ChR 232 (primarily, ongoing farming and forestry activities) are exempt
from the provisions of this Ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of this
Ordinance or unless exempted. No development for which a permit is required pursuant to this
Ordinance shall occur except in compliance with the provisions, conditions and limitations of the
permit.
(D) Map
The provisions of this Ordinance shall apply within the areas designated on the most current map
titled "Official Zoning Map for the Town of 1-lildebran, North Carolina," as adopted by the
I-lildebran 'Town Council.
Section 2.2 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed
according to the general and specific purposes set forth in Section 104, Purpose. Ifa different or
more specific meaning; is given for a term defined elsewhere in the -town of 1-lildebran's or
Burke County's Code of Ordinances, the meaning and application of the term in this Ordinance
shall control for purposes of application of this Ordinance.
(13) '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.
9/ 18/2007 4

Phase I I Stormwater Ordinance
(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 to the particular usage clearly indicates otherwise. Words used in the
masculine gender include the feminine gender, and vice versa.
(1-1) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.
Section 2.3 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the Design Manual as the basis for decisions about stormwater
permits and about the design, implementation and performance of structural and non-structural
stormwatcr l3MPs
The Design Manual includes a list of acceptable stormwater treatment practices, including
specific design criteria for each stormwatcr practice. Stormwater treatment practices that arc
designed, constructed, and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of the Phase 11 laws.
(13) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a higher
standard than other laws or regulations, that fact shall not prevent application of the
specitcations or guidelines in the Design Manual.
(C) Changes to Standards
If the standards, specifications, guidelines, policies, criteria, or other information in the Design
Manual are amended subsequent to the submittal of an application for approval pursuant to this
Ordinance but prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this Ordinance with regard to the application.
Section 2.4 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws
This Ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this Ordinance are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law. Where any provision of this
9/ 18/2007 6

Phase II Stormwater Ordinance
0 (C) Authority for Interpretation
The Stormwater Administrator has the authority to determine the interpretation of this
Ordinance; any person may request an interpretation by submitting a written request to the
Stormwater Administrator who shall respond in writing within thirty (30) days. The Stormwater
Administrator shall keep on file a record of all written interpretations of this Ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the
Design Manual), or document, it shall be construed as a reference to the most recent edition of
such that has been finalized and published with due provision for notice and comment, unless
otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by the 'town of 1-lildebran, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the 'Town of I-lildebran. References to
days are calendar days unless otherwise referenced.
• (F) Delegation of Authority
e
Any Act authorized by this Ordinance to be carried out by the Stormwater Administrator or the
Town of 1-fildebran, may be carried out by his or her designee.
(C) Usage
(1) Mandatory and Discretionary `Perms
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: 'ihe word "and" indicates that all connected items, conditions, provisions and
events apply. The word "or" indicates that one or more of the connected items,
conditions, provisions or events apply.
9/ 18/2007

Phase 11 Stormwater Ordinance
Ordinance imposes restrictions dif-ferent 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.
(13) 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 the Town of Hildebran be
obligated to enforce the provisions of any easements, covenants, or agreements between private
parties.
Section 2.5 SEVERA131LITY
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.
Section 2.6 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
0 (A) Effective Date
0
This Ordinance shall take effect on October f st, 2007.
(13) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications were
submitted and approved by the Town of 1-lildebran prior to the effective date of this Ordinance
and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of
development or redevelopment shall be exempt from complying with all provisions of this
Ordinance dealing with the control and/or management of post -construction runoff, but shall be
required to comply with all other applicable provisions, including, but not limited to, illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the effective date of this
Ordinance if it has been approved by all necessary government units, it remains valid. tnIezpired,
unrevoked and not otherwise terminated, and it shows:
For the initial or first phase ol'development, the type and intensity of' use ['or a
specific parcel or parcels, including at a minimum the boundaries of the project
and a subdivision plan that has been approved.
9/ 18/2007 7

Phase II Stormwater Ordinance
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.
(C) Violations Continue
Any violations of provisions existing on the effective date of this Ordinance shall continue to be
violations under this Ordinance and be subject to penalties and enforcement under this Ordinance
unless the use, development, construction, or other activity complies with the provisions ol'this
Ordinance.
ARTICLE 111. ADMINISTRATION AND PROCEDURES
Section 3.1 REVIEW AND DECISION -MAKING ENTITIES
(A) Designation
A Stormwater Administrator shall be designated by the Town Council to administer and enforce
this Ordinance.
(13) Powers and Duties
Is In addition to the powers and duties that may be conferred by other provisions ol'thc "['own of
Hildcbran Code of Ordinances and other laws, the Stormwater Administrator shall have the
following powers and duties under the Ordinance.
C�
(1) To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this Ordinance.
(2) To make determinations and render interpretations of this Ordinance.
(3) To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the Town
Council on applications for development or redevelopment approvals.
(4) To enforce the provisions of this Ordinance in accordance with its enforcement
provisions.
(5) To maintain records, maps, forms and other official materials that relate to the
adoption, amendment, enforcement, and administration of this Ordinance.
(6) To provide expertise and technical assistance to the Town Council and Planning
Board, upon request.
(7) To designate appropriate other persons who shall carry out the powers and duties
ofthe Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of this Ordinance.
9/ 18/2007

Phase 11 Stormwater Ordinance
�7
Section 3.2 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and.redevelopment unless exempt pursuant
to this Ordinance. A permit may only be issued subsequent to a properly submitted and
reviewed permit application, pursuant to this section.
(13) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including structural BMPs and elements ol'site
design for stormwater management other than structural 13M1's.
The Permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this Ordinance, whether the approach
consists of structural BM I's or other techniques such as low -impact or low -density design. This
permit does not continue in existence indefinitely after the completion of the project; rather,
• compliance after project construction is assured by the maintenance provisions of this Ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the landowner or the landowner's duly authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and form of all
applications and shall amend and update those requirements from time to time. At a
minimum, the stormwater permit application shall describe in detail how post -
development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the
requirements ofthis Ordinance.
(2) Submission Schedule
The Stormwater Administrator 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.
9/ 18/2007 9

Phase lI Stormwater Ordinance
0 (3) Permit Review Fees
Stormwater permit fees shall be established and approved by the Hildebran Town
Council and shall be provided on the most current adopted fee schedule. Policies
regarding refund of any fees upon withdrawal of an application will also be dictated by
the adopted fee schedule. These fees and policies may be amended and updated from
time to time.
(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 having been submitted in a timely manner 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 ofthe deficient elements and shall be provided with an opportunity to
submit a complete application. However, the submittal ofan incomplete application shall not
suffice to meet a deadline contained in the submission schedule established above.
(F) Review
Within 30 working days after a complete application is submitted, the Stormwater Administrator
shall review the application and determine whether the application complies with the standards
of this Ordinance.
(1) Approval
Ifthe 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 ofapproval 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 [ails to comply with the
standards of this Ordinance, the Stormwater Administrator shall notify the applicant and
shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
(3) Revision and Subsequent Revic-,v
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Phase II Stormwater Ordinance
A complete revised application shall be reviewed by the Stormwater Administrator
within fifteen (15) working days after its re -submittal and shall be approved, approved
with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from the date
the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required, along with the
appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment 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.
Section 3.3 APPLICATIONS FOR APPROVAL
(A) Conceptual Sketch Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the Stormwater
Administrator or developer may request a consultation on a concept sketch plan For the post -
construction stormwater management system to be utilized in the proposed development
project. This consultation meeting should take place at the time of the sketch plan of'
subdivision or other early step in the development process. The purpose of this meeting is to
discuss the post -construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Overall
site design, watershed plans, open space requirements, and other relevant resource protection
plans should be consulted in the discussion of the concept plan.
`fo accomplish this goal, the following information should be included in the conceptual sketch
plan, which should be submitted in advance of the meeting:
(I) 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 it
discussion of soil conditions, forest cover, geologic features, topography, wetlands, and
native vegetative areas on the site, as well as the location and boundaries ofother natural
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feature protection and conservation areas such as lakes, ponds, floodplains, stream
10 buffers and other setbacks. Particular attention should be paid to environmentally
sensitive features that provide particular opportunities or constraints for development and
stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic conceptual sketch plan of the proposed post -development
stormwater management system including: preliminary selection and location of'
proposed structural stormwater controls; low -impact design elements; location ofexisting
and proposed conveyance systems such as grass channels, swales, and storm drains: flow
paths; location of (loodplain/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 1'crinit Application
The stormwater management permit application shall detail how post -development stormwater
runoff will be controlled and managed and how the proposed project will meet the
requirements of this Ordinance, including Section 3, Standards. All such plans shall be
prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist
or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall
perform services only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are suf-ficient to comply with applicable standards and
policies found in the Design Manual, and that the designs and plans ensure compliance with
this Ordinance.
The submittal shall include all of the information required in the submittal checklist established
by the Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section
3.2 (D)
(C) As -Built Plans and Final Approval
Upon completion ol'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 alter final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities
and practices and the filed location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. The designer of the stormwater management measures and
plans shall certify, under seal, that the as -built stormwater measures, controls, and devices are
in compliance with the approved stormwater management plans and designs and with the
requirements of this Ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance securities.
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•
(D) Other Permits
No certificate of'compliance or occupancy shall be issued by the Town off-lildebran without
final as -built plans and a final inspection and approval by the Stormwater Administrator.
Section 3.4 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.
(13) Time Limit / Expiration
An approved plan shall become null and void if the applicant fails to make substantial progress
on the site within one (1) year after the date of approval. The Stormwater Administrator may
grant a single, one-year extension ofthis 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
b 6 Y
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.
Section 3.5 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination relating to
the interpretation or application of this Ordinance made by the Stormwater Administrator, may
File an appeal to the I-lildebran Town Council within thirty (30) days.
(13) 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 the Town of' 1-1ildebran. The
Stormwater Administrator shall transmit to the Hildebran Town Council all documents
constituting the record on which the decision appealed from was taken. The hearing conducted
by the ]•lildebran Town Council shall be conducted in the nature of a quasi -,judicial proceeding
with all findings of' fact supported by competent, material evidence.
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0
ARTICLE IV. STANDARDS
Section 4.1 GENERAL STANDARDS
All development and redevelopment to which this Ordinance applies shall comply with the
standards of this section.
Section 4.2 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Low -density projects shall comply with each of the following standards:
(A) Stormwater runoff from the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable.
(I3) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water shall be deemed
present if the feature is approximately shown on the most recent version of the 1:24,000
scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic
Survey (USGS). An exception to this requirement may be allowed when surface waters
10 are not present in accordance with the provisions of 15A NCAC 213 .0233 (3)(a) or
similar site -specific determination made using approved methodology.
(C) The approval ofthe stormwater permit shall require an enforceable restriction on property
usage that runs with the land, such as a recorded deed restriction or protective covenants,
to ensure that future development and redevelopment maintains the site consistent with
the approved project plans.
Section 4.3 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(A) The measures shall control and treat the runoff from the first one (1) inch of rainfall.
Runoff volume drawdown time shall be a minimum of forty-eight (48) hours, but not
more that one hundred twenty (120) hours.
(13) All structural stormwater treatment systems used to meet the requirements of this
program shall discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one (1) year, twenty-four (24) hour storm.
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(C) All structural stormwater treatment systems used to meet these requirements shall be
designed to a have a minimum of 85% average annual removal for Total Suspended
Solids (TSS);
(D) General engineering design criteria for all projects shall be in accordance with 15A
NCAC 21-1 .1008(c), as explained in the Design Manual;
(E) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water shall be present if'
the feature is approximately shown on the most recent version of the l :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 approved methodology.
(F) The approval of the stormwater permit shall require an enforceable restriction on property
usage that runs with the land, such as recorded deed restrictions or protective covenants,
to ensure that future development and redevelopment maintains the site consistent with
the approved project plans.
Section 4A STANDARDS FOR STORM WATER CONTROL MEASURES
40 (A) Evaluation according to contents of Design Manual
All Stormwater control measures and stormwater treatment practices (also referred to as Best
Management Practices, or BMPs) required under this Ordinance shall be evaluated by the
Stormwater Administrator according to the policies, criteria, and criteria for each stormwater
practice, in the Design Manual. The Stormwater Administrator shall determine whether
proposed BMI's will be adequate to meet the requirements of this Ordinance.
0
(13) Determinations of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in accordance
with the criteria and specifications in the Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this Ordinance. Whenever all applicant
proposes to utilize a practice or practices not designed and constructed in accordance with the
criteria and specifications in the Design Manual, the applicant shall have the burden 01'
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 as necessary for the
Stormwater Administrator to determine whether such an af'tirmativc showing is made.
Section 4.5 RESERVED
Section 4.6 VARIANCES
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(A) Any person may petition the 1-fildebran Town Council Ear 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 ofthis Ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance; will secure public safety and welfare; and will preserve substantial
justice.
(13) The Town of I-lildebran 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 thirty (30) foot
landward location of built upon area requirement as well as the deed restrictions and
protective covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of'practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing, as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects
on aquatic life and habitat, and protect water duality to the maximum extent
practicable through the use of BMI's.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
fifteen (15) feet landward of all perennial and intermittent surface waters and as
long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of' 13M1's.
(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in size. configuration, or density of' the proposed
activity and all alternative designs, the basic project purpose cannot be practically
accomplished in a manner which would avoid or result in less adverse impact to
surface waters.
(0 Section 4.7 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS
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I* (A) Nutrient Sensitive Waters
rl
In addition to the standards for stormwater handling set out in the design manual, development
and redevelopment that drains in whole or part to class Nutrient Sensitive Waters (NSW) waters
shall design and implement the best stormwater practices that reduce nutrient loading, while
meeting the other requirements ofthis Ordinance.
ARTICLE V: MAINTENANCE
Section 5.1 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs as Intended
1'he owner of each structural BMP installed pursuant to this Ordinance shall maintain and
operate it so as to preserve and continue its function in controlling stormwater quality and
quantity at the degree or amount of function for which the structural 13MP was designed.
(B) Annual Maintenance Inspection Report
`fhe person responsible for maintenance of any structural 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, address, phone number and email address (email address if available)
of the current land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this Ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater Administrator beginning one year from the
date of as -built certification/final plat approval and each year thereafter on or before the date of
the as -built certification/final plat approval.
Section 5.2 OPERATION AND MAINTENANCE AGREEMENT
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(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this Ordinance, and prior to issuance of any permit for development or
redevelopment requiring a structural BMI' pursuant to this Ordinance, the applicant or owner of
the site must execute an operational and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels served by the structural
BMP. Until the transference of all property, sites, or lots served by the structural BMP, the
original owner or applicant shall have primary responsibility for carrying out the provisions of
the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair
and, if necessary, reconstruct the structural BMP, and shall state the terms conditions, and
schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of
Fildebran a right of entry in the event that the Stormwater Administrator has reason to believe it
has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP;
however, in no case shall the right of entry, of itself, confer an obligation on the "town of'
Hildebran to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater Administrator
prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the
county Register of Deeds upon final plat approval_ A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen (14) days following its
recordation.
(13) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this Ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all ofthe following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Provide financial security, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of
the structural BMPs. If structural BMPs are not performing adequately or as
intended or are not properly maintained, the Town of Hildebran, in its sole
discretion, may remedy the situation, and in such instances the Town of 1•fildebran
shall be fully reimbursed by the association and its members for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs, provided that the "Town of Hildebran shall
first consent to the expenditure.
(3) Grant to the Town of Hildebran a right of entry to inspect, monitor, maintain,
4Drepair, and reconstruct structural 13MPs.
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Phase 11 Stormwater Ordinance
. (4) Allow the Town of I-lildebran to recover from the association and its members
any and all costs the Town of ]-lildebran expends to maintain or repair the
structural 13MPs or to correct any operational deficiencies. Failure to pay the
Torn of I-lildebran all of its expended costs, after forty -live (45) days written
notice, shall constitute a breach ofthe agreement. In case of a deficiency, the
Town of (-Iildebran 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.
(5) A statement that this agreement shall not obligate the Town of I-lildebran to
maintain or repair any structural 13MPs, and the Town of I-Iildebran shall not be
liable to any person for the condition or operation of structural 13M1s.
(6) A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the Town of 1-lildebran to enforce any of its ordinances as authorized by
law.
(7) A provision indemnifying and holding harmless the ']'own of l-fildebran for any
costs and injuries arising from or related to tine structural 13MP, unless the Town
of I-lildebran has agreed in writing to assume the maintenance responsibility for
the 13MP and has accepted dedication of any and all rights necessary to carry out
that maintenance.
(8) An annual certified financial statement shall be provided to the Stormwater
Administrator
Section 5.3 INSPECTION PROGRAM
Inspections and inspection programs by the Town of I-Iildebran 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 13MPs; and evaluating the condition of 13MPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or
its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties.
Section 5.4 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) Required
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The "Town of 1-11Idebran requires the submittal of a performance security or bond with surety,
cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in
order to ensure that the structural BMPs are:
(1) installed by the permit holder as required by the approved stormwater
management plan, and
(2) maintained by the owner as required by the operation and maintenance agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value of an
annuity of perpetual duration based on a reasonable estimate of the annual cost of
inspection, operation and maintenance of the BMPs approved under the permit, at a
discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate
of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to initiate or maintain any actions
which may be required of the applicant or owner in accordance with this Ordinance,
approvals issued pursuant to this Ordinance, or an operation and maintenance agreement
established pursuant to this Ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if' necessary, reconstruct any
structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the Stormwater Administrator shall obtain and use all or any portion of the
security to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the owner to comply with the
permit or maintenance agreement. In the event of a default triggering the use of
installation performance security, the Town of Hildebran shall not return any of'the
unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security
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If the Town of Hildebran takes action upon such failure by the applicant or owner, the
Town of I-lildebran may collect from the applicant or owner the difference between the
amount of the reasonable cost of such action and the amount of the security held, in
addition to any other penalties or damages due.
(4) Refund
Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus
25%) of landscaping installation and ongoing maintenance associated with the 13MPs
covered by the security. Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved plans and specifications
and, if in compliance, the portion of the financial security attributable to landscaping
shall be released.
Section 5.5 NOTICE TO OWNERS
(A) Deed recordation and Indication On Plat
The applicable operations, including, but not limited to the maintenance agreement pertaining to
every structural BM11(s) shall be referenced on the final plat and shall be recorded with the Burke
County Register of Deeds upon final plat approval. If no final plat is recorded for the site, then
the operations and maintenance agreement shall be recorded with the Burke County Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted
searching principles.
(B) Signage
To assure compliance with this Ordinance, structural BMP(s) shall be posted with a conspicuous
sign stating who is responsible for required maintenance and am1ual inspection. The sign shall
be erected and maintained by the responsible party and remain visible and legible.
Section 5.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP(s) shall keep records of inspections, maintenance, and repairs for
at least five (5) years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
Section 5.7 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so
as not to create or result in a nuisance condition.
Section 5.8 MAINTENANCE EASEMENT
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Every structural 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.
ARTICLE V1: ENFORCEMENT AND VIOLATIONS
Section 6.1 GENERAL
(A) Authority to Enforce
The provisions of this Ordinance shall be enforced by the Stormwater Administrator, his or her
designee, or any authorized agent of the Town of 1-lildebran. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of the
Town of I-lildebran.
(B) Violation Unlawful
Any failure to comply with an applicable requirement; prohibition, standard, or limitation
imposed by this Ordinance, or the terns or conditions of any, permit or other development or
redevelopment approval or authorization granted pursuant to this Ordinance, is unlawful and
Shall Constitute a violation of this Ordinance.
0 (C) Each Day a Separate Offense
•
Each day that a violation continues shall constitute a separate and distinct violation or offense.
(D) Responsible Persons/Entitics
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to
erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition
in violation of this Ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies and penalties set forth
herein may include any architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs creates, causes, or maintains a condition that results in
or constitutes a violation of this Ordinance, or fails to take appropriate action, so that a violation
of this Ordinance results or persists, or an owner, any tenant or occupant, or any other person,
who has control over, or responsibility for, the use or development of the property on which the
violation occurs. For the purpose of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining; Condition Resulting in or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that constitutes a
9/ 18/2007 22

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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 owner of the land on which the violation occurs, any tenant or occupant of the
property, any person who is responsible for stonmwater controls or practices pursuant to it
private agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
SECTION 6.2 REMEDIES AND PENALTIES
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a certificate
of occupancy for the building or other improvements constructed or being constructed on
the site and served by the stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
0 (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 Hildebran
"Down Council may disapprove, any request for permit or development approval or
authorization provided for by this Ordinance or any zoning permit for the land on which
the Violation OCCurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Hildebran Town
Clerk, may institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this Ordinance.
Any person violating this Ordinance shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, 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
Stormwater Administrator, with the written authorization of the Hildebran Town Clerk,
may cause the violation to be corrected and the costs to be assessed as a lien against the
property.
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•
(S) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s) violation this
Ordinance. The stop work order shall remain in effect until the person(s) 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
(13) Civil Penalties
Violation of this Ordinance may subject the violator to a civil penalty to be recovered in a civil
action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after
notice of the violation is issued by the Stormwater Administrator. Civil penalties may be
assessed up to the full amount of penalty to which the Town of I-lildebran is subject for
violations of its Phase II Stormwater permit.
(C) Criminal Penalties
Violation of this Ordinance may be enforced as a misdemeanor subject to the maximum fine
permissible under North Carolina law.
Section 6.3 PROCEDURES
(A) Initiation / Complaint
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may
file a complaint. Such complaint shall state fully the alleged violation and the basis thereof, and
shall be lined 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 ofproper credentials,
to enter and inspect any land, building, structure, or premises to ensure compliance with this
Ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation of
.this Ordinance, the Stormwater Administrator shall notify, in writing, the property owner or
110 other person violating this Ordinance. The notification shall indicate the nature of the violation.
9/ 18/2007 24

Phase 11 Stormwater Ordinance
contain the address or other description of the site upon which the violation is occurring, order
the necessary action to abate the violation, and dive a deadline for correcting the violation. 11'
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, or their designee or by registered mail, return receipt requested, or by any means
authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil
Procedure.
If a violation is not corrected within a reasonable time as provided in the notification, the
Stormwater Administrator may take appropriate action under this Ordinance to correct and abate
the violation and ensure compliance with this Ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the ]and on
which the violation occurs, may submit to the Stormwater Administrator a written request for an
extension of time for correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within the specified time limit
for reasons beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow timely correction of
the violation, up to, but not exceeding thirty (30) days. The Stormwater Administrator may grant
fifteen (15) day extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the person
violating this Ordinance. The Stormwater Administrator may grant an extension only by written
notice of extension. The notice of extension shall state the date prior to which the correction
must be made, after which the violator will be subject to the penalties described in the notice of'
violation and correction order.
(E) Enforcement after Time to Correct
After the time has expired to correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stormwater Administrator shall determine if the violation is
corrected. I f the violation is not corrected, the Stormwater Administrator nnay let to impose one
or more of the remedies and penalties authorized by this Ordinance.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of'this
Ordinance or pose an immediate danger to the public health, safety, or welfare, then the
Stormwater Administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any remedy or penalty authorized
by this article.
9/18/2007 25

Phase II Stormwater Ordinance
ARTICLE Vll. ILLICIT DISCHARGES
Section 7.1 1LLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring; or pumping directly or
indirectly to any stormwater conveyance, the waters of the State, or upon the land in a manner
and amount that the substance is likely to reach a stormwater conveyance or the waters of the
State, and liquid, solid, gas, or other substance, other than stormwater; provided that non-
stormwater discharges associated with the following activities are allowed and provided that they
do not significantly impact water quality:
(1)
Water line flushing;
(2)
Landscape irrigation;
(3)
Diverted stream flows;
(4)
Rising ground waters;
(5)
Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6)
Uncontaminated pumped ground water;
(7)
Discharges from potable water sources;
(8)
Foundation drains;
(9)
Air conditioning condensation,
(10)
Irrigation water;
(11)
Springs;
(12)
Water from crawl space pumps,
(13)
Footing drains',
(14)
Lawn watering;
(15)
Individual residential and charity car washing;
(16)
Flows from riparian habitats and wetlands;
(17)
Dcchlorinated swimming pool discharges;
(18)
Street wash water; and
(19)
Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the Town of Hildebran.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(13) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater other than the exclusions described in
9/ 18/2007 26

Phase 11 Stormwater Ordinance
section (A) above, are unlawful. Prohibited connections include, but are not
limited to:
(a) Floor drains
(b) Waste water from washing machines
(c) Waste water from sanitary sewers
(d) Wash water from commercial vehicle washing
(e) Wash water from commercial steam cleaning
(f) Waste water from septic systems
(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this Ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of' hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injure and harm to real or personal property, natural resources,
wildlife. or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife, or
habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other
than this section, the Stormwater Administrator shall designate the time in
which the connection shall be removed. In setting the time limit for
compliance, the Stormwater Administrator shall take into consideration:
(i) The quantity and complexity of the work,
(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public health, and to
public and private property, and
(iv) The cost of remedying the damage.
(C) Spills
Spills or leaks of polluting substances released, discharged to; or having the potenntial to be
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
9/ 18/2007 27

Phase 11 Stormwatcr Ordinance
immediately notify the Burke County Emergency Management Office of the release or
40 discharge, as well as making any required notifications under state and federal law. Notification
shall not relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such notification relieve
any person from other liability which may be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist within the Town of 1-111debran are hereby
found, deemed, and declared to be dangerous or prejudiced to the public health or public safety
and are found, deemed, and declared to be public nuisances. Such public nuisances shall be
abated in accordance with the procedures set forth in Ordinance 5-17-05 Abatement of Public
Nuisance.
ARTICLE VI11: DEFINITIONS
Section 8.1 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set forth in this
section, unless other provisions ofthis Ordinance specifically indicate otherwise.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -Upon area" does not
include a wooden slatted deck, the water area of a swimming pool, or pervious or partially
pervious paving material to the extent that the paving material absorbs water or allows water to
infiltrate through the paving material.
Department
"The North Carolina Department of I.nvironment and Natural Resources.
Design Manual
The storinwater best management design manual approved for use in Phase II jurisdictions by the
Department. All references herein to the Design Manual are to the latest published edition or
revision.
Development
Any land -disturbing activity that increases the amount ol'built upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department
0 High -density project
9/18/2007 28

Phase II Stormwater Ordinance
eAny Project that exceeds the low -density threshold for dwelling units per acre or built -upon area.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land disturbing activities will
occur under one plan. A plan is an announcement or piece of documentation (including but not
limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing,
permit application, zoning request, or computer design) or physical demarcation (including, but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
Low -density project
A project is a low -density project if it has no more than two dwelling units per acre or twenty-
four (24) percent built -upon area (BUA) for all residential and non-residential development.
A project with an overall density at or below the relevant low density threshold, but containing
areas with a density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post construction model practices for low density
projects and locates the higher density in upland areas and away from surface waters and
drainage ways to the maximum extent practicable.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or
exceeded, on average, once in 12 months and with duration of� 24 hours.
Owner
The legal or benelicial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or and, other person or
entity holding proprietary rights in the property or having legal power of management and
control of the property. "Owner" shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender is included
within the meaning of "owner' tinder another description in this definition, such as a
management entity.
Redevelopment
Any development on previously -developed land, other than a rebuilding activity that results in no
net increase in built -upon area and provides equal or greater stormwater control than the previous
development.
Structural BMP
A physical device designed to trap, settle out or filter pollutants from stoomwater runoff, to alter
or reduce stormwater runoff velocity, amount, timing or other characteristics; to approximate the
pre -development hydrology on a developed site; or to achieve any combination of these goals.
. Structural BMP includes physical practices such as constructed wetlands, vegetative practices,
9/ 18/2007 29

Phase II Stormwater Ordinance
filter strips, grassed swales, and other methods installed or created on real property. "Structural
BMP" is synonymous with "structural practice," "stormwater control facility," "stormwater
control practice," "stormwater treatment practice," "stormwater management practice,"
"stormwater control measures," "structural stormwater treatment systems," and similar terms
used in this Ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved plan,
one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and approval
ofon-site infrastructure; or obtaining a building permit for the construction and approval of a
building foundation. "Substantial progress" for purposes ofdetermining whether an approved
plan is null and void is not necessarily the same as "substantial expenditures" used for
determining vested rights pursuant to applicable law.
ADOPTION CERTIFICATION
hereby certify that this is a true and correct copy of the Phase lI Stormwater Ordinance as adopted by
Othe Town Council of l-lildebran, North Carolina, on the 18"' day of September, 2007.
•
WiTNE�SS my hand and the official seal of the Town of I-lildebran, this the 1 day of
2007.
flrr1� :j�4.C�
"Town Clerk
9/ 18/2007 30

M 14e-,be*4 q1 r-Y�op
Yes
used M.O.
Phase II Post -Construction Local Ordinance Provision Checklist Model Ordinance
anguage
Main Provisions Required in Stormwater Ordinance, see note 3 Page Ref
1
Findings & Purpose: Meeting post -construction stormwater requirements of Phase II 9
2
Application to development and redevelopment disturbing 1 or more acres 11
✓
Ne BmYs
LA
rmwater Map (diti al if poss.)identifying ord. geographic coverage area & location of structural BMP's public& rivate 12
✓
4
Design Manual basis of decisions on SW permits/design, implementation, performance of struct. & non-struct BMPs 14,30
5
Conflict of Laws: Ordinance effect on existing, private agreements, easements, covenants 15
✓
6
Ordinance Effective Date & Impact on development applications ('C Adp, 'f'p j 5,a / 16
7
Designation of Local Stormwater Administrator 18
8
Stormwater Permit Application Req, Submission Schedule, Fees, Administrative Manual info for applicants 19
9
Stormwater Management Concept Plan ofpost-development struct./non-structural controls and conveyance systems 22
10
Consultation Meeting to assess necessary sw m mt measures, constraints, opportunities and potential approaches 22
11
Requirement for As -Built Stormwater Plan 24
12 'Approved
Plan Time Limit & Expiration Provision 24
13
Low Density Development Standard of Vegetated Conveyances 27
14
Low Density Development Standard of BUA 30 feet from all perennial & intermittent surface waters 27
✓
15
Low Density Dev Std of Enforceable recorded restrictions, deed restrictions, protective covenants 28
16
High Density Dev Std treating sw runoff diff. pre & post dev conditions 1 yr 24hr strm & >/=predev dischar erate 24hr st 28
17
High Density Dev Drawdown Std 24/120 Pre S.L. 2006-246) 481120 (Post S.L. 2006-246), 85% TTS removal, etc. 28
18
High Density Dev Std of controlling & treating one inch to one & a half inches depending on location S.L. 2006-246 28
19
Shellfish Resource Waters provisions S.L. 2006-246), 12 " naturally occurring soil above seasonal high water table 28,30,50
20
Local adoption of Comprehensive Watershed Plan (adoption can replace low/high density provisions in model ord) 28
21
Dedication of BMPs, Facilities & Improvements 30
✓
22
Variances for hardship and exceptions 31
23
JBMP maintenance, annual inspections, report' 34
24
BMP operation and maintenance agreement & deed recordation and indications on Plats 35
25
BMP inspection program 37
26
Performance Security for BMP installation & maintenance 37
27
Ordinance Enforcement provisions, remedies, for civil & criminalpenalties/fines per violation per day 41,42
,x/ k-
L"/b

9/Z-f/0
Optional Provisions as listed in Model Ord. or other local post construction provisions
1
Public procedure for amendments to Design Manual if using local manual 15
2
Filing of Appeal and Procedures 25
3
Review by Superior Court of development review decisions 25
4
SA Waters, if applicable 31
5
Pet Waste 31
6
Trout Waters, if applicable 32
7
Nutrient Sensitive Waters, if applicable 33
8
Onsite Wastewater, if not separately adopted 33
9
BMP Maintenance Easements 40
10
Illicit Discharges, if not separately adopted 49
11
Open Space, Greenway Requirements, if appropriate or desired local option
12
Phorphorous Removal Requirements, if applicable or desired local option
13
Post Construction Re s for different local watersheds local option
14
Re s more restrictive than Phase II local option
15
Universal Stormwater Management Program adoption (adoption will serve as Phase 11 compliance) See DWQ website
16 Definitions Section 47
Notes:
1. If required Phase II provisions located in other local ordinances, please specify and attach.
2. Be sure to use appropriate Model Ordinance based on when your Phase II permit is issued. Pemits prior to
July 1, 2006, use 09-07-2005 version of Model Ordinance; on or after July 1, 2006, use 1-01-2007 version.
3. Compare all Sections of appropriate Model Ordinance against local draft ordinance language to ensure compliance
with required Phase II provisions.

Phase II Stormwater Ordinance
PHASE II STORMWATER ORDINANCE
TOWN O1; 1111,I) BRAN, NC
Art.
1.
General Provisions
Art.
1I.
Applicability and Jurisdiction
Art.
III.
Administration and Procedures
Art.
1V.
Standards
Art,
V.
Maintenance
Art.
VI.
Enforcement and Violations
Art.
VII.
Illicit Discharges
Art.
VIII.
Definitions
9/ l 8/2007

Phase II Stormwater Ordinance
ARTICLE 1. GENERAL PROVISIONS
Section 1.1 TITLE
This Ordinance shall be officially known as the "Phase 11 Stonnwater Ordinance for the Town of
Hildebran, North Carolina," and may be referred to as "Stonnwater Ordinance"
Section 1.2 AUTHORITY
The Town Council of the Town of Hildebran is authorized to adopt this Ordinance pursuant to North
Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental
Management Commission there under; Session Law 2004-163; Chapter 160A, §§ 174, 185.
Section 1.3 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increase
stonnwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and
point source pollution, and sediment transport and deposition, as well as reducing groundwater
recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne pollutants and
alterations in hydrology which are harmful to public health and safety as well as to the natural
environment; and
These effects can be managed and minimized by applying proper design and well -planned controls
to manage stormwater runoff from development sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal Phase II
Stonnwater Rules promulgated under it, as well as rules of the North Carolina Environmental
Management Commission promulgated in response to federal Phase 1I requirements, compel certain
urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those
included in this Ordinance.
Therefore, the Town Council of the Town of Hildebran 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.
Section 1.4 PURPOSE
(A) General
The purpose of this Ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to
9/18/2007 2

Phase 11 Stormwater Ordinance
control the adverse effects of increased post -development stormwater runoff and nonpoint and
point source pollution associated with new development and redevelopment, as well as illicit
discharges into the municipal stormwater systems. It has been determined that proper
management of construction -related and post -development stormwater runoff will minimize
damage to public and private property and infrastructure, safeguard the public health, safety, and
general welfare, and protect water and aquatic resources.
(B) Specific
This Ordinance seeks to meet its general purpose through the following specific objectives and
means:
I . Establishing decision -making processes for development that protects the
integrity of watersheds and preserves the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -
development hydrologic response in their post -development state as nearly as
practicable for the applicable design storm to reduce flooding, stream bank
erosion, nonpoint and point source pollution and increases in stream temperature,
and to maintain the integrity of stream channels and aquatic habitats;
3. Establishing minimum post -development stormwater management standards and
design criteria for the regulation and control of stormwater runoff quantity and
quality;
4. Establishing design and review criteria for the construction, function, and use of
structural stormwater Best Management Practices (BMPs) that may be used to
meet the minimum post -development stormwater management standards.
5. Encouraging the use of better management and site design practices, such as the
use of vegetated conveyances for stormwater and the preservation of green space,
riparian buffers and other conservation areas to the maximum extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance of
structural and nonstructural stormwater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval and
disapproval of stormwater management plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
8. Controlling illicit discharges into the municipal separate stormwater system.
ARTICLE I1. APPLICABILITY AND JURISDICTION
Section 2.1 AUTHORITY
(A) General
Beginning with and subsequent to its effective date, this Ordinance shall be applicable to all
development and redevelopment, including, but not limited to, site plan application, subdivision
9/ 18/2007

Phase II Stormwater Ordinance
application, and grading applications, unless exempt pursuant to Subsection (B) of this Section,
Exemptions.
(B) Exemptions
Development that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this Ordinance.
Redevelopment that cumulatively disturbs less than one acre and is not part of a larger common
plan of development or sale is exempt from the provisions of this Ordinance.
Development and redevelopment that disturb less than one acre are not exempt if such activities
are part of a larger common plan of development or sale, even though multiple, separate or
distinct activities take place at different times on different schedules.
Activities that are exempt from permit requirements of Section 404 of the federal Clean Water
Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt
from the provisions of this Ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions of this
Ordinance or unless exempted. No development for which a permit is required pursuant to this
Ordinance shall occur except in compliance with the provisions, conditions and limitations of the
permit.
(D) Map
The provisions of this Ordinance shall apply within the areas designated on the most current map
titled "Official Zoning Map for the Town of Hildcbran, North Carolina," as adopted by the
Hildebran Town Council.
Section 2.2 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this Ordinance shall be construed
according to the general and specific purposes set forth in Section 104, Purpose. If a different or
more specific meaning is given for a term defined elsewhere in the Town of Hildebran's or
Burke County's Code of Ordinances, the meaning and application of the term in this Ordinance
shall control for purposes of application of this Ordinance.
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this Ordinance and any heading,
caption, figure, illustration, table, or map, the text shall control.
9/ 18/2007 4

Phase 11 Stormwater Ordinance
(C) Authority for Interpretation
The Stonnwater Administrator has the authority to determine the interpretation of this
Ordinance; any person may request an interpretation by submitting a written request to the
Stormwater Administrator who shall respond in writing within thirty (30) days. The Stormwater
Administrator shall keep on file a record of all written interpretations of this Ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the
Design Manual), or document, it shall be construed as a reference to the most recent edition of
such that has been finalized and published with due provision for notice and comment, unless
otherwise specifically stated.
(E) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and including
the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday
observed by the Town of Hildebran, the deadline or required date of action shall be the next day
that is not a Saturday, Sunday or holiday observed by the Town of Hildebran. References to
days are calendar days unless otherwise referenced.
(F) Delegation of Authority
Any Act authorized by this Ordinance to be carried out by the Stonnwater Administrator or the
Town of Hildebran, may be carried out by his or her designee.
(C) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an obligation
or duty to comply with the particular provision. The words "may" and "should" are
permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be interpreted as
follows: The word "and" indicates that all connected items, conditions, provisions and
events apply. The word "or" indicates that one or more of the connected items,
conditions, provisions or events apply.
9/ 18/2007 5

Phase II Stormwater Ordinance
(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 to 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.
Section 2.3 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information, including technical
specifications and standards, in the Design Manual as the basis for decisions about stonnwater
permits and about the design, implementation and performance of structural and non-structural
stormwater BMPs
The Design Manual includes a list of acceptable stormwater treatment practices, including
specific design criteria for each stormwater practice. Stormwater treatment practices that are
designed, constructed, and maintained in accordance with these design and sizing criteria will be
presumed to meet the minimum water quality performance standards of the Phase 11 laws.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the Design Manual are more restrictive or apply a higher
standard than other laws or regulations, that fact shall not prevent application of the
specifications or guidelines in the Design Manual.
(C) Changes to Standards
If the standards, specifications, guidelines, policies, criteria, or other information in the Design
Manual are amended subsequent to the submittal of an application for approval pursuant to this
Ordinance but prior to approval, the new information shall control and shall be utilized in
reviewing the application and in implementing this Ordinance with regard to the application.
Section 2.4 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE
AGREEMENTS
(A) Conflict of Laws
This Ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other
provision of law. The requirements of this Ordinance are in addition to the requirements of any
other ordinance, rule, regulation or other provision of law. Where any provision of this
9/ 18/2007 6

Phase II Stormwater Ordinance
Ordinance imposes restrictions different from those imposed by any other ordinance, rule,
regulation or other provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall control.
(B) Private Agreements
This Ordinance is not intended to revoke or repeal any easement, covenant, or other private
agreement. However, where the regulations of this Ordinance are more restrictive or impose
higher standards or requirements than such 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 the Town of Hildebran be
obligated to enforce the provisions of any easements, covenants, or agreements between private
parties.
Section 2.5 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this Ordinance shall
be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate
the remainder of any section, subsection, paragraph, subdivision or clause of this Ordinance.
Section 2.6 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on October 1 st, 2007.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications were
submitted and approved by the Town of Hildebran prior to the effective date of this Ordinance
and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of
development or redevelopment shall be exempt from complying with all provisions of this
Ordinance dealing with the control and/or management of post -construction runoff, but shall be
required to comply with all other applicable provisions, including, but not limited to, illicit
discharge provisions.
A phased development plan shall be deemed approved prior to the effective date 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:
For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum the boundaries of the project
and a subdivision plan that has been approved.
9/ 18/2007 7

Phase II Stormwater Ordinance
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.
(C) Violations Continue
Any violations of provisions existing on the effective date of this Ordinance shall continue to be
violations under this Ordinance and be subject to penalties and enforcement under tills Ordinance
unless the use, development, construction, or other activity complies with the provisions of this
Ordinance.
ARTICLE III. ADMINISTRATION AND PROCEDURES
Section 3.1 REVIEW AND DECISION -MAKING ENTITIES
(A) Designation
A Stormwater Administrator shall be designated by the Town Council to administer and enforce
this Ordinance.
(B) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions of the Town of
Hildebran Code of Ordinances and other laws, the Stormwater Administrator shall have the
following powers and duties under the Ordinance.
(1) To review and approve, approve with conditions, or disapprove applications for
approval of plans pursuant to this Ordinance.
(2) To make determinations and render interpretations of this Ordinance.
(3) To establish application requirements and schedules for submittal and review of
applications and appeals, to review and make recommendations to the Town
Council on applications for development or redevelopment approvals.
(4) To enforce the provisions of this Ordinance in accordance with its enforcement
provisions.
(S) To maintain records, maps, forms and other official materials that relate to the
adoption, amendment, enforcement, and administration of this Ordinance.
(6) To provide expertise and technical assistance to the Town Council and Planning
Board, upon request.
(7) To designate appropriate other persons who shall carry out the powers and duties
of the Stormwater Administrator.
(8) To take any other action necessary to administer the provisions of this Ordinance.
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Section 3.2 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater pen -nit is required for all development and redevelopment unless exempt pursuant
to this Ordinance. A permit may only be issued subsequent to a properly submitted and
reviewed permit application, pursuant to this section.
(B) Effect of Permit
A stonnwater permit shall govern the design, installation, and construction of stormwater
management and control practices on the site, including structural BMPs and elements of site
design for stormwater management other than structural BMPs.
The Permit is intended to provide a mechanism for the review, approval, and inspection of the
approach to be used for the management and control of stormwater for the development or
redevelopment site consistent with the requirements of this Ordinance, whether the approach
consists of structural BMPs or other techniques such as low -impact or low -density design. This
permit does not continue in existence indefinitely after the completion of the project; rather,
compliance after project construction is assured by the maintenance provisions of this Ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the landowner or the landowner's duly authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stonnwater Administrator shall establish requirements for the content and form of all
applications and shall amend and update those requirements from time to time. At a
minimum, the stonnwater permit application shall describe in detail how post -
development stormwater runoff will be controlled and managed, the design of all
stormwater facilities and practices, and how the proposed project will meet the
requirements of this Ordinance.
(2) Submission Schedule
The Stormwater'Administrator 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.
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Phase I1 Stonnwater Ordinance
(3) Permit Review Fees
Stonnwater permit fees shall be established and approved by the Hildebran Town
Council and shall be provided on the most current adopted fee schedule. Policies
regarding refund of any fees upon withdrawal of an application will also be dictated by
the adopted fee schedule. These fees and policies may be amended and updated from
time to time.
(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 having been submitted in a timely manner only when it
contains all elements of a complete application pursuant to this Ordinance, along with the
appropriate fee. if the Stonnwater 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 30 working days after a complete application is submitted, the Stormwater Administrator
shall review the application and determine whether the application complies with the standards
of this Ordinance.
(1) Approval
If the Stormwater Administrator 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 Stonnwater Administrator finds that the application fails to comply with the
standards of this Ordinance, the Stormwater Administrator shall notify the applicant and
shall indicate how the application fails to comply. The applicant shall have an
opportunity to submit a revised application.
(3) Revision and Subsequent Review
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A complete revised application shall be reviewed by the Stormwater Administrator
within fifteen (15) working days after its re -submittal and shall be approved, approved
with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from the date
the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required, along with the
appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment 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.
Section 3.3 APPLICATIONS FOR APPROVAL
(A) Conceptual Sketch Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the Stormwater
Administrator or developer may request a consultation on a concept sketch plan for the post -
construction stormwater management system to be utilized in the proposed development
project. This consultation meeting should take place at the time of the sketch plan of
subdivision or other early step in the development process. The purpose of this meeting is to
discuss the post -construction stormwater management measures necessary for the proposed
project, as well as to discuss and assess constraints, opportunities and potential approaches to
stormwater management designs before formal site design engineering is commenced. Overall
site design, watershed plans, open space requirements, 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 conceptual sketch
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
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feature protection and conservation areas such as lakes, ponds, floodplams, stream
buffers and other setbacks. Particular attention should be paid to environmentally
sensitive features that provide particular opportunities or constraints for development and
stonrwater management.
(3) Stormwater Management System Concept Plan
A written or graphic conceptual sketch plan of the proposed post -development
stormwater management system including: preliminary selection and location of
proposed structural stormwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm drains; flow
paths; location of floodplain/floodway limits; relationship of site to upstream and
downstream properties and drainages; and preliminary location of any proposed stream
channel modifications, such as bridge or culvert crossings.
(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development stormwater
runoff will be controlled and managed and how the proposed project will meet the
requirements of this Ordinance, including Section 3, Standards. All such plans shall be
prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist
or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall
perform services only in their area of competence, and shall verify that the design of all
stormwater management facilities and practices meets the submittal requirements for complete
applications, that the designs and plans are sufficient to comply with applicable standards and
policies found in the Design Manual, and that the designs and plans ensure compliance with
this Ordinance.
The submittal shall include all of the information required in the submittal checklist established
by the Stormwater Administrator. Incomplete submittals shall be treated pursuant to Section
3.2 (D)
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be granted, the
applicant shall certify that the completed project is in accordance with the approved stormwater
management plans and designs, and shall submit actual "as built" plans for all stormwater
management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities
and practices and the filed location, size, depth, and planted vegetation of all measures,
controls, and devices, as installed. The designer of the Stormwater management measures and
plans shall certify, under seal, that the as -built stormwater measures, controls, and devices are
in compliance with the approved stormwater management plans and designs and with the
requirements of this Ordinance. A final inspection and approval by the Stormwater
Administrator shall occur before the release of any performance securities.
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(D) Other Permits
No certificate of compliance or occupancy shall be issued by the Town of Hildebran without
final as -built plans and a final inspection and approval by the Stormwater Administrator.
Section 3.4 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and activities
authorized in the pen -nit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
(B) 'Time Limit / Expiration
An approved plan shall become null and void if the applicant fails to make substantial progress
on the site within one (1) 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.
Section 3.5 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination relating to
the interpretation or application of this Ordinance made by the Stormwater Administrator, may
file an appeal to the Hildebran Town Council within thirty (30) days.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal and
specifying the grounds for appeal on forms provided by the Town of Hildebran. The
Stormwater Administrator shall transmit to the Hildebran Town Council all documents
constituting the record on which the decision appealed from was taken. The hearing conducted
by the Hildebran Town Council shall be conducted in the nature of a quasi-judicial proceeding
with all findings of fact supported by competent, material evidence.
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Phase II Stormwater Ordinance
ARTICLE IV. STANDARDS
Section 4.1 GENERAL STANDARDS
All development and redevelopment to which this Ordinance applies shall comply with the
standards of this section.
Section 4.2 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Low -density projects shall comply with each of the following standards:
(A) Stormwater runoff frorn the development shall be transported from the development by
vegetated conveyances to the maximum extent practicable.
(B) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and
intermittent surface waters. A perennial or intermittent surface water shall be deemed
present if the feature is approximately shown on the most recent version of the 1:24,000
scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic
Survey (USGS). An exception to this requirement may be allowed when surface waters
are not present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or
similar site -specific determination made using approved methodology.
(C) The approval of the stormwater permit shall require an enforceable restriction on property
usage that runs with the land, such as a recorded deed restriction or protective covenants,
to ensure that future development and redevelopment maintains the site consistent with
the approved project plans.
Section 4.3 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
High -density projects shall implement stormwater control measures that comply with each of the
following standards:
(A) The measures shall control and treat the runoff from the first one (1) inch of rainfall.
Runoff volume drawdown time shall be a minimum of forty-eight (48) hours, but not
more that one hundred twenty (120) hours.
(B) All structural stormwater treatment systems used to meet the requirements of this
program shall discharge the storage volume at a rate equal to or less than the
predevelopment discharge rate for the one (1) year, twenty-four (24) hour storm.
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(C) All structural stormwater treatment systems used to meet these requirements shall be
designed to a have a minimum of 85% average annual removal for Total Suspendcd
Solids (TSS);
(D) General engineering design criteria for all projects shall be in accordance with 15A
NCAC 21-1 .1008(c), as explained in the Design Manual;
(E) All built -upon area shall be at a minimum of thirty (30) feet landward of all perennial and
intennittent surface waters. A perennial or intermittent surface water shall be present if
the feature is approximately shown on the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States Geologic Survey
(USGS). An exception to this requirement may be allowed when surface waters are not
present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar site -
specific determination made using approved methodology.
(F) The approval of the stormwater pen -nit shall require an enforceable restriction on property
usage that runs with the land, such as recorded deed restrictions or protective covenants,
to ensure that future development and redevelopment maintains the site consistent with
the approved project plans.
Section 4.4 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation according to contents of Design Manual
All Stormwater control measures and stornwater 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 criteria for each stonnwater
practice, in the Design Manual. The Stormwater Administrator shall determine whether
proposed BMPs will be adequate to meet the requirements of this Ordinance.
(B) Determinations of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in accordance
with the criteria and specifications in the Design Manual will be presumed to meet the minimum
water quality and quantity performance standards of this Ordinance. Whenever an applicant
proposes to utilize a practice or practices not designed and constructed in accordance with the
criteria and specifications in the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and quantity
performance standards of this Ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples as necessary for the
Stonnwater Administrator to determine whether such an affirmative showing is made.
Section 4.5 RESERVED
Section 4.6 VARIANCES
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Phase I1 Stormwater Ordinance
(A) Any person may petition the Hildebran Town Council for a variance granting permission
to use the person's land in a manner otherwise prohibited by this Ordinance. To qualify
for a variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this Ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as the
location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
Ordinance; will secure public safety and welfare; and will preserve substantial
justice.
(B) The Town of Hildebran 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 thirty (30) foot
landward location of built upon area requirement as well as the deed restrictions and
protective covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad crossing,
bridge, airport facility, or utility crossing, as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects
on aquatic life and habitat, and protect water quality to the maximum extent
practicable through the use of BMPs.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
fifteen ( l5) feet landward of all perennial and intermittent surface waters and as
long as it is located, designed, constructed, and maintained to minimize
disturbance, provide maximum nutrient removal, protect against erosion and
sedimentation, have the least adverse effects on aquatic life and habitat, and
protect water quality to the maximum extent practicable through the use of BMPs.
(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in size, configuration, or density of the proposed
activity and all alternative designs, the basic project purpose cannot be practically
accomplished in a manner which would avoid or result in less adverse impact to
surface waters.
Section 4.7 ADDITIONAL STANDARDS FOR SPECIAL SITUATIONS
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Phase lI Stormwater Ordinance
(A) Nutrient Sensitive Waters
In addition to the standards for stormwater handling set out in the design manual, development
and redevelopment that drains in whole or part to class Nutrient Sensitive Waters (NSW) waters
shall design and implement the best stormwater practices that reduce nutrient loading, while
meeting the other requirements of this Ordinance.
ARTICLE V: MAINTENANCE
Section 5.1 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs as Intended
The owner of each structural BMP installed pursuant to this Ordinance shall maintain and
operate it so as to preserve and continue its function in controlling stormwater quality and
quantity at the degree or amount of function for which the structural BMP was designed.
(B) Annual Maintenance Inspection Report
The person responsible for maintenance of any structural BMP installed pursuant to this
Ordinance shall submit to the Stormwater Administrator an inspection report from 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, address, phone number and email address (email address if available)
of the current land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in
compliance with the terms and conditions of the approved maintenance agreement
required by this Ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater Administrator beginning one year from the
date of as -built certification/final plat approval and each year thereafter on or before the date of
the as -built certification/final plat approval.
Section 5.2 OPERATION AND MAINTENANCE AGREEMENT
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(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP
pursuant to this Ordinance, and prior to issuance of any permit for development or
redevelopment requiring a structural BMP pursuant to this Ordinance, the applicant or owner of
the site must execute an operational and maintenance agreement that shall be binding on all
subsequent owners of the site, portions of the site, and lots or parcels served by the structural
BMP. Until the transference of all property, sites, or lots served by the structural BMP, the
original owner or applicant shall have primary responsibility for carrying out the provisions of
the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to maintain, repair
and, if necessary, reconstruct the structural BMP, and shall state the terms conditions, and
schedule of maintenance for the structural BMP. In addition, it shall grant to the Town of
Hildebran a right of entry in the event that the Stormwater Administrator has reason to believe it
has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP;
however, in no case shall the right of entry, of itself, confer an obligation on the Town of
Hildebran to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater Administrator
prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the
county Register of Deeds upon final plat approval. A copy of the recorded maintenance
agreement shall be given to the Stormwater Administrator within fourteen (14) days following its
recordation.
(B) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this Ordinance and that are to be or are owned and
maintained by a homeowners' association, property owners' association, or similar entity, the
required operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the association shall continuously operate and maintain the
stormwater control and management facilities.
(2) Provide financial security, which can be spent solely for sediment removal,
structural, biological or vegetative replacement, major repair, or reconstruction of
the structural BMPs. If structural BMPs are not performing adequately or as
intended or are not properly maintained, the Town of Hildebran, in its sole
discretion, may remedy the situation, and in such instances the Town of Hildebran
shall be fully reimbursed by the association and its members for sediment
removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the structural BMPs, provided that the Town of Hildebran shall
first consent to the expenditure.
(3) Grant to the Town of Hildebran a right of entry to inspect, monitor, maintain,
repair, and reconstruct structural BMPs.
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Phase 11 Stormwater Ordinance
(4) Allow the Town of Hildebran to recover from the association and its members
any and all costs the Town of Hildebran expends to maintain or repair the
structural BMPs or to correct any operational deficiencies. Failure to pay the
Town of Hildebran all of its expended costs, after forty-five (45) days written
notice, shall constitute a breach of the agreement. In case of a deficiency, the
Town of Hildebran 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.
(5) A statement that this agreement shall not obligate the Town of Hildebran to
maintain or repair any structural BMPs, and the Town of Hildebran shall not be
liable to any person for the condition or operation of structural BMPs.
(6) A statement that this agreement shall not in any way diminish, limit, or restrict the
right of the Town of Hildebran to enforce any of its ordinances as authorized by
law.
(7) A provision indemnifying and holding harmless the Town of Hildebran for any
costs and injuries arising from or related to the structural BMP, unless the Town
of Hildebran has agreed in writing to assume the maintenance responsibility for
the BMP and has accepted dedication of any and all rights necessary to carry out
that maintenance.
(8) An annual certified financial statement shall be provided to the Stormwater
Administrator
Section 5.3 INSPECTION PROGRAM
Inspections and inspection programs by the Town of Hildebran may be conducted or established on
any reasonable basis, including but not limited to routine inspections; random inspections;
inspections based upon complaints or other notice of possible violations; and joint inspections with
other agencies inspecting under environmental or safety laws. Inspections may include, but are not
limited to, reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater
Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or
its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while
carrying out his or her official duties.
Section 5.4 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) Required
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The Town of Hildebran requires the submittal of a performance security or bond with surety,
cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in
order to ensure that the structural BMPs are:
(1) installed by the permit holder as required by the approved stormwater
management plan, and
(2) maintained by the owner as required by the operation and maintenance agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be the present value of an
annuity of perpetual duration based on a reasonable estimate of the annual cost of
inspection, operation and maintenance of the BMPs approved under the permit, at a
discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate
of long-term inflation.
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after proper
notice, to complete work within the time specified, or to initiate or maintain any actions
which may be required of the applicant or owner in accordance with this Ordinance,
approvals issued pursuant to this Ordinance, or an operation and maintenance agreement
established pursuant to this Ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any
structural BMP in accordance with the applicable permit or operation and maintenance
agreement, the Stormwater Administrator shall obtain and use all or any portion of the
security to make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after requesting the owner to comply with the
pen -nit or maintenance agreement. In the event of a default triggering the use of
installation performance security, the Town of Hildebran shall not return any of the
unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in Excess of Performance Security
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Phase II Stonnwatcr Ordinance
If the Town of Hildebran takes action upon such failure by the applicant or owner, the
Town of Hildebran may collect from the applicant or owner the difference between the
amount of the reasonable cost of such action and the amount of the security held, in
addition to any other penalties or damages due.
(4) Refund
Within sixty days of the final approval, the installation performance security shall be
refunded to the applicant or terminated, except any amount attributable to the cost (plus
25%) of landscaping installation and ongoing maintenance associated with the BMPs
covered by the security. Any such landscaping shall be inspected one (1) year after
installation with replacement for compliance with the approved plans and specifications
and, if in compliance, the portion of the financial security attributable to landscaping
shall be released.
Section 5.5 NOTICE TO OWNERS
(A) Deed recordation and Indication On Plat
The applicable operations, including, but not limited to the maintenance agreement pertaining to
every structural BMP(s) shall be referenced on the final plat and shall be recorded with the Burke
County Register of Deeds upon final plat approval. If no final plat is recorded for the site, then
the operations and maintenance agreement shall be recorded with the Burke County Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted
searching principles.
(B) Signagc
To assure compliance with this Ordinance, structural BMP(s) shall be posted with a conspicuous
sign stating who is responsible for required maintenance and annual inspection. The sign shall
be erected and maintained by the responsible party and remain visible and legible.
Section 5.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP(s) shall keep records of inspections, maintenance, and repairs for
at least five (5) years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
Section 5.7 NUISANCE
The owner of each stonnwater BMP, whether structural or non-structural BMP, shall maintain it so
as not to create or result in a nuisance condition.
Section 5.8 MAINTENANCE EASEMENT
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Every structural 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.
ARTICLE VI: ENFORCEMENT AND VIOLATIONS
Section 6.1 GENERAL
(A) Authority to Enforce
The provisions of this Ordinance shall be enforced by the Stormwater Administrator, his or her
designee, or any authorized agent of the Town of Hildebran. Whenever this section refers to the
Stormwater Administrator, it includes his or her designee as well as any authorized agent of the
Town of Hildebran.
(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 pen -nit or other development or
redevelopment approval or authorization granted pursuant to this Ordinance, is unlawful and
shall constitute a violation of this Ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation or offense.
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to
erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition
in violation of this Ordinance shall be subject to the remedies, penalties, and/or enforcement
actions in accordance with this section. Persons subject to the remedies and penalties set forth
herein may include any architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs creates, causes, or maintains a condition that results in
or constitutes a violation of this Ordinance, or fails to take appropriate action, so that a,violation
of this Ordinance results or persists, or an owner, any tenant or occupant, or any other person,
who has control over, or responsibility for, the use or development of the property on which the
violation occurs. For the purpose of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting in, or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other person who
participates in, assists, directs, creates, causes, or maintains a condition that constitutes a
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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 owner of the land on which the violation occurs, any tenant or occupant of the
property, any person who is responsible for stormwater controls or practices pursuant to a
private agreement or public document, or any person, who has control over, or
responsibility for, the use, development or redevelopment of the property.
SECTION 6.2 REMEDIES AND PENALTIES
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a certificate
of occupancy for the building or other improvements constructed or being constructed on
the site and served by the stormwater practices in question until the applicant or other
responsible person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
(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 Hildebran
Town Council may disapprove, any request for permit or development approval or
authorization provided for by this Ordinance or any zoning permit for the land on which
the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Hildebran Town
Clerk, may institute an action in a court of competent jurisdiction for a mandatory or
prohibitory injunction and order of abatement to correct a violation of this Ordinance.
Any person violating this Ordinance shall be subject to the full range of equitable
remedies provided in the General Statutes or at common law.
(4) Correction as Public Health Nuisance, 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
Stormwater Administrator, with the written authorization of the Hildebran Town Clerk,
may cause the violation to be corrected and the costs to be assessed as a lien against the
property.
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(5) Stop Work Order
The Stonmwater Administrator may issue a stop work order to the person(s) violation this
Ordinance. The stop work order shall remain in effect until the person(s) 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
(B) Civil Penalties
Violation of this Ordinance may subject the violator to a civil penalty to be recovered in a civil
action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after
notice of the violation is issued by the Stormwater Administrator. Civil penalties may be
assessed up to the full amount of penalty to which the Town of Hildebran is subject for
violations of its Phase II Stormwater permit.
(C) Criminal Penalties
Violation of this Ordinance may be enforced as a misdemeanor subject to the maximum fine
permissible under North Carolina law.
Section 6.3 PROCEDURES
(A) Initiation / Complaint
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may
file a complaint. Such complaint shall state fully the alleged violation and the basis thereof, and
shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint
shall be investigated promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper credentials,
to enter and inspect any land, building, structure, or premises to ensure compliance with this
Ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in violation of
this Ordinance, the Stormwater Administrator shall notify, in writing, the property owner or
other person violating this Ordinance. The notification shall indicate the nature of the violation,
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contain the address or other description of the site upon which the violation is occurring, order
the necessary action to abate the violation, and dive 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, or their designee or by registered mail, return receipt requested, or by any means
authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil
Procedure.
If a violation is not corrected within a reasonable time as provided in the notification, the
Stormwater Administrator may take appropriate action under this Ordinance to correct and abate
the violation and ensure compliance with this Ordinance. .
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the land on
which the violation occurs, may submit to the Stormwater Administrator a written request for an
extension of time for correction of the violation. On determining that the request includes
enough information to show that the violation cannot be corrected within the specified time limit
for reasons beyond the control of the person requesting the extension, the Stormwater
Administrator may extend the time limit as is reasonably necessary to allow timely correction of
the violation, up to, but not exceeding thirty (30) days. The Stormwater Administrator may grant
fifteen (15) day extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the person
violating this Ordinance. The Stormwater Administrator may grant an extension only by written
notice of extension. The notice of extension shall state the date prior to which the correction
must be made, after which the violator will be subject to the penalties described in the notice of
violation and correction order.
(E) Enforcement after Time to Correct
Alter the time has expired to correct a violation, including any extension(s) if authorized by the
Stormwater Administrator, the Stonnwater Administrator shall determine if the violation is
corrected. If the violation is not corrected, the Stormwater Administrator may act to impose one
or more of the remedies and penalties authorized by this Ordinance.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement of this
Ordinance or pose an immediate danger to the public health, safety, or welfare, then the
Stormwater Administrator may order the immediate cessation of a violation. Any person so
ordered shall cease any violation immediately. The Stormwater Administrator may seek
immediate enforcement, without prior written notice, through any remedy or penalty authorized
by this article.
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ARTICLE VII. ILLICIT DISCHARGES
Section 7.1 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or
indirectly to any stor nwater conveyance, the waters of the State, or upon the land in a manner
and amount that the substance is likely to reach a stormwater conveyance or the waters of the
State, and liquid, solid, gas, or other substance, other than stormwater; provided that non-
stormwater discharges associated with the following activities are allowed and provided that they
do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation,
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential and charity car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any
such discharges to the municipal separate storm sewer system shall be authorized
by the Town of Hildebran.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals, animal waste,
paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stonmwater other than the exclusions described in
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section (A) above, are unlawful. Prohibited connections include, but are not
limited to:
(a) Floor drains
(b) Waste water from washing machines
(c) Waste water from sanitary sewers
(d) Wash water from commercial vehicle washing
(e) Wash water From commercial steam cleaning
(f) Waste water from septic systems
(2) Where such connections exist in violation of this section and said connections
were made prior to the adoption of this provision or any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this Ordinance. However, the one-year grace period shall not apply to
connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injure and harm to real or personal property, natural resources,
wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate
injury and hann to real or personal property, natural resources, wildlife, or
habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other
than this section; the Stormwater Administrator shall designate the time in
which the connection shall be removed. In setting the time limit for
compliance, the Stor nwater Administrator shall take into consideration:
(1) The quantity and complexity of the work,
(ii) The consequences of delay,
(iii) The potential harm to the environment, to the public health, and to
public and private property, and
(iv) The cost of remedying the damage.
(C) Spills
Spills or leaks of polluting substances released, discharged to, or having the potential to be
released or discharged to the stormwater conveyance system, shall be contained, controlled,
collected, and properly disposed. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their release or discharge, and
persons owning the property on which the substances were released or discharged, shall
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immediately notify the Burke County Emergency Management Office of the release or
discharge, as well as making any required notifications under state and federal law. Notification
shall not relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such notification relieve
any person from other liability which may be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist within the Town of Hildebran are hereby
found, deemed, and declared to be dangerous or prejudiced to the public health or public safety
and are found, deemed, and declared to be public nuisances. Such public nuisances shall be
abated in accordance with the procedures set forth in Ordinance 5-17-05 Abatement of Public
Nuisance,
ARTICLE Vill: DEFINITIONS
Section 8.1 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set forth in this
section, unless other provisions of this Ordinance specifically indicate otherwise.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement -and gravel areas such as roads, parking
lots, and paths; and recreation facilities such as tennis courts. "Built -Upon area" does not
include a wooden slatted deck, the water area of a swimming pool, or pervious or partially
pervious paving material to the extent that the paving material absorbs water or allows water to
infiltrate through the paving material.
Department
The North Carolina Department of Environment and Natural Resources.
Design Manual
The stormwater best management design manual approved for use in Phase 11 jurisdictions by the
Department. All references herein to the Design Manual are to the latest published edition or
revision.
Development
Any land -disturbing activity that increases the amount of built upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Division
The Division of Water Quality in the Department
High -density project
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Any Project that exceeds the low -density threshold for dwelling units per acre or built -upon area.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land disturbing activities will
occur under one plan. A plan is an announcement or piece of documentation (including but not
limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing,
permit application, zoning request, or computer design) or physical demarcation (including, but
not limited to boundary signs, lot stakes, or surveyor markings) indicating that construction
activities may occur on a specific plot.
Low -density project
A project is a low -density project if it has no more than two dwelling units per acre or twenty-
four (24) percent built -upon area (BUA) for all residential and non-residential development.
A project with an overall density at or below the relevant low density threshold, but containing
areas with a density greater than the overall project density, may be considered low density as
long as the project meets or exceeds the post construction model practices for low density
projects and locates the higher density in upland areas and away from surface waters and
drainage ways to the maximum extent practicable.
1-year, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or
exceeded, on average, once in 12 months and with duration of 24 hours.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor; trustee, or long-term or commercial lessee, or any other person or
entity holding proprietary rights in the property or having legal power of management and
control of the property. "Owner" shall include long-term commercial tenants; management
entities, such as those charged with or engaged in the management of properties for profit; and
every person or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender is included
within the meaning of "owner" under another description in this definition, such as a
management entity.
Redevelopment
Any development on previously -developed land, other than a rebuilding activity that results in no
net increase in built -upon area and provides equal or greater stormwater control than the previous
development.
Structural BMP
A physical device designed to trap, settle out or filter pollutants from stromwater runoff; to alter
or reduce stormwater runofl'velocity, amount, timing or other characteristics; to approximate the
pre -development hydrology on a developed site; or to achieve any combination of these goals.
Structural BMP includes physical practices such as constructed wetlands, vegetative practices,
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filter strips, grassed swales, and other methods installed or created on real property. "Structural
BMP" is synonymous with "structural practice," "stormwater control facility," "stonnwater
control practice," "stonnwater treatment practice," "stormwater management practice,"
"stonnwater control measures," "structural stormwater treatment systems," and similar terms
used in this Ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved plan,
one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur. obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and approval
of on -site infrastructure; or obtaining a building permit for the construction and approval of a
building foundation. "Substantial progress" for purposes of determining whether an approved
plan is null and void is not necessarily the same as "substantial expenditures" used for
determining vested rights pursuant to applicable law.
ADOPTION CERTIFICATION
I hereby certify that this is a true and correct copy of the Phase II Stormwater Ordinance as adopted by
the Town Council of Hildebran, North Carolina, on the 18"' day of September, 2007.
WITNESS my hand and the official seal of the Town of Hildebran, this the day of
.2007.
Town Clerk
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