LAKE PARK_COMPLETE FILE - HISTORICAL_20111108

'STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_ �(Z
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
❑ �d t (� S
YYYYMM D D

k7j�'�FL*A
HC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Cheri Clark
Village of Lake Park Administrator
11. O. Box 219
Lake Park, North Carolina 28079
Subject: Request fbr Waiver
I)car Ms. Clark;
Division of Water Quality
Coleen H. Sullins Dee Freeman
Director Secretary
November 8, 2011
DWQ has reviewed the comments received, the requirements of* stale laws and administrative
rules, the rights of the municipalities, and our mandate to protect public health and environmental
quality. Based on that review, DWQ is granting the Village of Lake Park a waiver from the
requirements otherwise applicable to municipalities that own or operate a municipal separate storm
sewer system (MS4) within an urbanized area.
Pursuant to Session Law 2006-246, the Village of Lake Park may subsequently be required to
seek coverage under an NPDES permit if circumstances change.
Although requirements to seek an NPDES Permit to administer the six minimum measures in
40 CFR 122.34 has been waived for the Village of Lake Park, any new development that
cumulatively disturbs one acre or more of land located in the Village of Lake Park, must comply with
the standards set forth in Section 9 of Session Law 2006-246. The Division of Water Quality will
administer and enforce the standards for development unless local government (municipality or
county) requests delegation to administration and enforcement of the standards set forth in Section 9
of Session Law 2006-246.
If you have any questions concerning this waiver or the post -construction requirements in
Session Law 2006-246, please contact me at 919-807-6374 or at [e-mail].
ncdenr.gov.
Sincerely,
3
Mike Randail
Environmental Engineer
cc: Stormwater Permitting Unit
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ratelgh, North Carolina 27604
Phone: 9IM07-63001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwatefquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Aatura!!'ff

VILLAGE Or LAKE PARK
P.O. Box 219
Indian Trail, North Carolina 28079
704-882-8657
February 18, 2011
FEB 2 3 2011
Mr. Mike Randall
Division of.Water. Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit #NCS000492
Dear Mr. Randall:
The Village of Lake Park (VOLP) has requested that the State of North Carolina rescind
the Village's permit April 7, 2010. As stated in our request, we continue to be proactive
in Stormwater management.
Public education and. outreach — We are a member of the Centralina Regional Stormwater
Partnership in. which the advertising. focuses for last year utilized radio and billboards.
We.continue to have bi-monthly articles rn the municipal'newsletter which is distributed'
to every household iri the municipality.
Public participation - The VOLP has a "Poop - scoop".campaign in which animal waste
containers and bags are available to residents. The Parks and Recreation Commission
have 'a group of volunteers that addles Canadian Geese eggs each spring therefore
reducing the number of geese inlake Park. This is out fourth year of participation in the
U.S. Fish and Wildlife Resident Canada Goose Nest & Egg program.
Illicit discharge - The VOLP is 98% built out.with only one landscaping business inside
the municipal city limits.'Union County Public Works would handle any water/sewer
issues in Lake Park.
Construction - We had.one multifamily construction project last year and utilized
NCDENR erosion controls along with a. private engineering firm to monitor the
construction process. The village requests electronic copies of all as -built construction
within its' jurisdiction in order to maintain our stormwater mapping.
Post Coristructiori = The contract landscaper for all of the common.areas in Lake Park . .
does not.'fertilize with 10 feet of the ponds.. Grass. that is mowed around the ponds cannot
go .into the water. The storm drain catchbasins are cleaned on a. regular basis to"ensure

there are`no impediments to the natural flow of water. All inlet and outlet structures are
inspected regularly.
Good housekeeping —The VOLP has trash around or, in the ponds removed on 'a weekly
basis. Two aerators were installed in one pond this year. to help reduce the algae in the
pond. All of the ponds were cleaned in 2010, and .we have a pond maintenance company
that inspects the ponds monthly.
Last year the VOLP spent $20,204 maintaining our ponds and $13,689 addressing
stormwater issues. We have a progressive recycling prograrri for all of our residents and
businesses: Lake Park is committed to being a proactive municipality and'protecting our
natural resources.
We look forward to hearing from you in reference to our permit.
-Sincerely
en' eI
IS ce Cheri Clark
Mayor. M44ge of Lake Park Administrator .
[e-mail] [e-mail]

0
VILLAGE OF LAKE PARK
P.O. Box 219
Indian Trail, North Carolina 28079
704-982-8657
February 18, 2011
Mr. Mike Randall
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDLS Permit #NCS000492
[)car Mr. Randall:
C'C�LS
FEB 2 3 2011
s
The Village of Lake Park (VOLP) has requested that the State of North Carolina rescind
the Village's permit April 7, 2010. As stated in our request, we continue to be proactive
in Stormwater management.
Public education and outreach — We are a member of the Centralina Regional Stormwater
Partnership in which the,advertising focuses for last year utilized radio and billboards.
We continue to have bi-monthly articles in the municipal newsletter which is distributed
to every household in the municipality.
Public participation —The VOLT' has a "Poop — scoop" campaign in which animal waste
containers and bags are available to residents. The Parks and Recreation Commission
have a group of volunteers that addles Canadian Geese eggs each spring therefore
reducing the number of geese in Lake Park. This is our fourth year of participation in the
U.S. Fish and Wildlife Resident Canada Goose Nest & Egg program.
Illicit discharge - The VOLP is 98% built out with only one landscaping business inside
the municipal city limits. Union County Public Works would handle any water/sewer
issues in Lake Park.
Construction- We had one multi -family construction project last year and utilized
NCDENR erosion controls along with a private engineering firm to monitor the
construction process. The village requests electronic copies of all as -built construction
within its' jurisdiction in order to maintain our stormwater mapping.
Post Construction - The contract landscaper for all of the common.arcas in Lake Park .
does not fertilize with 10 feet of the ponds. Grass that is mowed around, the ponds cannot
go into the water. The storm drain catch basins are cleaned�on a regular basis to ensure

there are no impediments to the natural flow of water. All inlet and outlet structures are
inspected regularly.
Good housekeeping — The VOLP has trash around or in the ponds removed on a weekly
basis. Two aerators were installed in one, pond this year to help reduce the algae in the
pond. All of the ponds were cleaned in 2010 and we have a pond maintenance company
that inspects the ponds monthly.
Last year the VOLT' spent $20,204 maintaining our ponds and $13,699 addressing
stormwater issues. We have a progressive recycling program for all of our residents and
businesses. Lake Park is committed to being a proactive municipality and protecting our
natural resources.
We look forward to hearing from you in reference to our permit.
-Sincerer
end 11 S ence
Mayor
Kendal l.spence [e-mail]
CSC. Uak
Cheri Clark
Village of Lake Park Administrator
[e-mail] lakeparknc.gov

The Charlotte Observer Publishing Co.
Charlotte, NC
North Carolina ) ss Affidavit of Publication
Mecklenburg County)
THE CHARLOTTE OBSERVER
--------------------------------------------------+-------------
DINA SPRINKLE
NCDENR/DWQ/POINT SOURCE BRANCH
1617 MAIL SERVICE CENTER
RALEIGH NC 27699
REFERENCE: 30063432
6483327 Village Of Lake Park
Before the undersigned, a Notary Public of said
County and State, duly authorized to administer
oaths affirmations, etc., personally appeared,
being duly sworn or affirmed according to law,
doth depose and say that he/she is a i
representative of The Charlotte Observer
Publishing Company, a corporation organized and
doing business under the laws of the State of
Delaware, and publishing a newspaper known as The
Charlotte Observer in the city of Charlotte,
County of Mecklenburg, and State of North Carolina
and that as such he/she is familiar with the
books, records, files, and business of said
Corporation and by reference to the files of said
publication, the attached advertisement was
inserted. The following is correctly copied from
the books and files of the aforesaid Corporation
and Publication. I
PUBLISHED ON: 07/10
Village o1 Lake Park --. - — - — --�- -
The Village of Lake Park has requested a waiver from the
requirements otherwise applicable to municipalities that own or
Operate a municipal separate storm sewer system JMS4y within an
urbea trod area located in Union County, to North Fork Crooked
Greek and South Fork Crooked Creek,within the Yadkin Pee -Daft
Basin. Comments must be cogoived no later than August 14,
2010. Submit comments to:- .
Mike Ranaall
INC Division of Water Quality
1617 Mail service Center -- -�.
Reloiggh, NC 27699,1617 } [-
Telephano Number: (919h807-6374 �• ,; x1
[e-mail] 1 Ail", .1
LP6483a27
AD SPACE: 34 LINE
FILED ON: 07/15/10
-------------- + -------------
NAME: TITLE:
DATE:
In Testimony Whereof I have hereunto set my hand and affixed my seal, the
day and year aforesaid.
My Commission Expires May 17, 2011
Not t y Commission Expires:/_/_

VILLAGE OF LAKE PARK
P.O. Box 219
Indian Trail, North Carolina 28079
704-882-8657
April 7, 2010
Mr. Mike Randall
Division of Water Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: NPDES Permit # NC5000492
Dear Mr. Randall:
APR t 6 2olo
The Village of Lake Park (VOLP) is requesting that our permit be rescinded a waiver be granted pursuant
to 40 CFR 122.32. The VOLP's population is 3,338 with water and sewer provided by Union County. The
municipality started out as a planned community that incorporated in 1995 and is land locked by Hemby
Bridge and Indian Trail. As a planned community, we do not have any industry in the village and are 98%
built out. The VOLP owns and maintains 14.53 miles of roads and 13 stormwater retention ponds. We
do not have any impaired streams flowing into or out of the municipality.
The VOLP is committed to protecting its water quality by actively participating in the following
Stormwater management efforts:
1. Active member of the Regional Stormwater Partnership in which public education and staff
training are its primary goals.
2. Continue to educate citizens though the monthly municipal newsletter and municipal website.
3. Meet suggested landscaping practices around ponds including not fertilizing within 10 feet of
pond banks and contracting with an aquatic resource firm to clean and maintain all of the ponds
including all inlet and outlet structures.
4. The landscaping contract includes cleaning all Stormwater catch basins on a monthly basis and
picking up the liter weekly.
5. Union County Planning Department serves as the VOLP's planning department and oversees
construction in the village: The village requests electronic copies of any construction to keep
our Stormwater mapping current.
6. Continue to participate in U.S. Fish and Wildlife Resident Canada Goose Nest & Egg program.
The Stormwater flow from the Village of Lake Park discharges into an unnamed tributary of the South
Fork Crooked Creek.
Cordially,
ndall
Mayor
[e-mail]
0 kp, �- (Jat'L
Cheri S. Clark
Village of Lake Park Administrator
Cheri .clarkCylakeparknc.gov

Rc: Village of Lake Park Post Construction Stormwater Controls Ord...
Subject: Re: Village of Lake Park Post Construction Stonnwater Controls Ordinance
From;' -Mike Randall <[e-mail]>
Date: "hue, 15 Jul 2008 12:29:02 -0400
Tb: Cheri Clark <cheri.clark@]akeparknc.gov>, Bridget Munger <[e-mail]>
CC: Bill Diuguld <bill.diuguid a ncmail.net>
We'll need to review and approve the ordinance, although my understanding .is that
Bill has already reviewed and commented on the draft ordinance ...so it may be no
more than a paper exercise. That was our main concern. We'll check the ordinance to
see what it address or does not address (i.e., I wasn't sure if it addressed illicit:
discharges). You'll need to have an MOA in place with the other government entity
and we should look at the MCA to see what .it may or may not address, for example,
will they address public education, illicit discharges, stormwater sewer system
maintenance, pollution prevention at your municipal operations, etc.
Bill and I will look at the ordinance and MOA and assess your compliance with your
permit and get back with you.
We have a new phone system.
Mike Randall 919-807-6374
Bill Diuguid 919-807-6369
Bridget Munger 919-807-6363 (DWQ assistance with public education and public
involvement)
Mike
Cheri Clark wrote:
Mike,
The Village of Lake Park passed our. Post Construction Stormwater Controls
Ordinance on June 10, 2008. We have also completed the necessary mapping
that is part of the ordinance. After approaching Union County to be the
Stormwater Administrator and informed that they could not be of service, we
are discussing with another government entity that actually has a Phases-1
Stormwater ordinance in place, to be our administrator along with gathering
information as to Lees that will need to be charged to administer the
program.
I have left messages aL both your office and cell over Lhe last couple of
weeks, which hopefully means you have had a vacation or unfortunately things
are crazy. I hope you had Lhe chance Lo catch your breath! Please let me
know what I need to send to you concerning the ordinance and I also need
some guidance as Lo what: is the next piece of the puzzle for the Village of
Lake Park.
Thank you for your assistance.
Cheri Clark
village Clerk/Tax Collector
704-882-8657
1 of 1 8/14/2008 2:3 9 P M

V" l /An 4L O -F 1_A-/ E �'*rzk
6) y- 10'�tl C) S
Yes
Used M.O.
Phase Post -Construction Local Ordinance Provision Checklist Model Ordinance
Language-
Main Provisions Required in Stormwater Ordinance, see note 3 Page Ref
IZ
Ft/
1
Findings & Purpose: Meeting post -construction stormwater requirements of Phase II 9
/
2
Application to development and redevelopment disturbing 1 or more acres 11
✓
3
Stormwater Map (diti al if poss.)identifying ord. geographic coverage area & location of structural BMP's public&private 12
I/j
4
Design Manual basis of decisions on SWpermits/design, implementation, performance of struct. & non-struct BMPs 14,30
✓
5
1 Conflict of Laws: Ordinance effect on existing, private agreements, easements, covenants 15
6
10rdinance Effective Date & Impact on development a plications 16
V
7
Designation of Local Stormwater Administrator 18
�✓
_ ✓
8
Stormwater Permit Application Req, Submission Schedule, Fees, Administrative Manual (info forapplicants) 19
9
Stormwater management Concept Plan of post -development struct./non-structural controls and conveyance sstems 22
10
Consultation Meeting to assess necessary sw m mt measures, constraints, opportunities and potential approaches 22
✓
V�
11
1 Requirement for As -Built Stormwater Plan 24
✓
_
12
jApproved 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 & >1= redev dischar erate 24hr st 28
_
17
High Density Dev Drawdown Std 24/120 Pre S.L. 2006-246 48/120 Post S.L. 2006-246 , 85% TTS removal, etc. 28
18
High Densily Dev Std of controlling & treating one inch to one & a half inches depending on location S.L. 2006-246 28
19
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
i l✓
23
BMP maintenance, annual inspections, report 34
1
✓✓i
24
BMP operation and maintenance agreement & deed recordation and indications on Plats 35
T
25
BMP inspection program 37
26 1
Performance Security for BMP installation & maintenance 37
27
Ordinance Enforcement provisions, remedies, for civil & criminal penalties/fines per violation per day 41,42
off
i

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
Phosphorous 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 II compliance See DWO website
16 Definitions Section 47
Notes:
1. If required Phase 11 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.

Village of Lake Park, North Carolina
Post Construction Controls Ordinance
Adopted

Table of Contents
SECTION 1: GENERAL PROVISIONS.............................................I
xx-101 Title...............................................................
xx-102
Authority.........................................................
xx-103
Findings
..........................................................
xx-104
Purpose...........................................................
(A)
General ..................................................
(B)
Specific ..................................................
xx-105
Applicability and Jurisdiction ...............................
(A)
General ..................................................
(B)
Exemptions .............................................
(C)
No Development or Redevelopment Until Compliance and Permit....
(D)
Map.................................................................................
xx-106
Interpretation.............................................................................
(A)
Meaning and Intent............................................................
(B)
Text Controls in Event of Conflict ...........................................
(C)
Authority for Interpretation..................................................
(D)
References to Statutes, Regulations and Documents .....................
(E)
Computation of Time...........................................................
(F)
Delegation of Authority........................................................
(G)
Usage...............................................................................
(1) Mandatory and Discretionary Terms .............................
(2) Conjunctions...........................................................
(3) Tense, Plurals and Gender ..........................................
(H)
Measurement and Computation .............................................
xx-107
Design
Manual.............................................................................
(A)
Reference to Design Maual....................................................
(B)
Relationship of Design Manual to Other Laws and Regulations......
(C)
Changes to Standards and Specifications ...................................
(D)
Amendments to Design Manual ...............................................
xx-108
Relationship to Other Laws, Regulations and Private Agreements............
(A)
Conflict of Laws.................................................................
(B)
Private Agreements............................................................
xx-109
Severability................................................................................
xx-110
Effective Date and Transitional Provisions ........................................
(A)
Effective Date..................................................................
(B)
Final Approvals, Complete Applications ..................................
(C)
Violations Continue............................................................
SECTION TWO: ADMINISTRATION AND PROCEDURES ............................................
XX-201 Review and Decision -Making Entities ..............................................
(A)
Stormwater Administrator.................................................
(1) Designation..........................................................
(2) Powers and Duties .................................................
xx-202 Review Procedures....................................................................
(A)
Permit Required; Must Apply for Permit ..............................
(B)
Effect of Permit..............................................................
(C)
Authority to File Applications ............................................
(D)
Establishment of Application Requirements, Schedule and Fees...
2

(1) Application Contents and Form
(2) Submission Schedule ..............................................
(3) Permit Review Fees ................................................
(4) Administrative Manual ...........................................
(E)
Submittal of Complete Application ......................................
(F)
Review.........................................................................
(1) Approval............................................................
(2) Fails to Comply ...................................................
(3) Revision and Subsequent Review .............................
xx-203 Application for Approval..........................................................
(A)
Concept Plan and Consultation Meeting ..............................
(1) Existing Conditions/Proposed Site -Plans ....................
(2) Natural Resources Inventory ..................................
(3) Stormwater Management System Concept Plan..........
(B)
Stormwater Management Permit Application .......................
(C)
As -Built Plans and Final Approval ....................................
(D)
Other Permits..............................................................
xx-204 Approvals
............................................................................
(A)
Effect of Approval.......................................................
(B)
Time Limit/Expirations................................................
xx-205 Appeals
...............................................................................
(A)
Right of Appeal............................................................
(13)
Filing of Appeal and Procedures ......................................
(C)
Review by Superior Court .............................................
SECTION THREE: STANDARDS...................................................................
xx-301 General Standards....................................................................
xx-302 Development Standards for Low -Density Projects ............................
xx-303 Development Standards for Lligh-Density Projects ...........................
xx-304 Standards for Stormwater Control Measures ..................................
(A) Evaluation According to Contents of Design Manual ..............
(B) Determination of Adequacy; Presumptions and Alternatives....
(C) Separation from Seasaonal High Water'cable......................
xx-305 Dedication of BMPs, Facilities & Improvements ..............................
xx-306 Variances..............................................................................
SECTION FOUIZ: MAINTENANCE...............................................................
xx-401
General Standards for Maintenance ..............................................
(A) Function of BMPs as Intended .............................................
(13) Annual Maintenance Inspection and Report ...........................
xx-402
Operation and Maintenance Agreement ..........................................
(A) In General.....................................................................
(B) Special Requirement for Homeowners' and Other Associations....
xx-403
Inspection Program....................................................................
xx-404
Performance Security for Installation and Maintenance ......................
(A) May be Required.............................................................
(13) Amount.........................................................................
(1) Installation..........................................................
(2) Maintenance........................................................
3

(C) Uses of Performance Security .............................................
(1) Forfeiture Provisions ..............................................
(2) Default................................................................
(3) Costs in Excess of Performance Security ....................
(4) Refund..............................................................
xx-405
Notice To Owners...................................................................
(A) Deed Recordation and Indications On Plat ...........................
(B) Signage.......................................................................
xx-406
Records of Installation and Maintenance Activities ..........................
xx-407
Nuisance..............................................................................
xx-408
Maintenance Easement.............................................................
SECTION FIVE: ENFORCEMENT AND VIOLATIONS ..............................................
xx-501 General.................................................................................
(A)
Authority to Enforce ......................................................
(B)
Violation Unlawful.........................................................
(C)
Each Day a Separate Offense ............................................
(D)
Responsible Persons/Entities............................................
(1) Person Maintaining Condition Resulting in Violation....
(2) Responsbility For Land or Use of Land .....................
xx-502 Remedies and Penalties.............................................................
(A)
Remedies.....................................................................
(1) Witholding of Certificate of Occupancy .....................
(2) Disapproval of Subsequent Permits et. al. ..................
(3) Injunction, Abatements, etc ....................................
(4) Correction as Public Health Nuisance, Costs as Lien, etc...
(5) Stop Work Order ..................................................
(B)
Civil Penalties...............................................................
(C)
Criminal Penalties...........................................................
xx-503 Procedures.............................................................................
(A)
Initiation/Complaint.......................................................
(B)
Inspection ................................................... ..... ..........:.
(C)
Notice of Violation and Order to Correct ..............................
(D)
Extension of Time..........................................................
(E)
Enforcement After Time to Correct ....................................
(F)
Emergency Enforcement ..................................................
SECTION SIX: DEFINITIONS.................................................................................
XX-601 Terms Defined.........................................................................
Built -upon area(BUA)....................................................
Department..................................................................
DesignManual..............................................................
Development...................................................................
Division.......................................................................
High -density Project.........................................................
Larger Common Plan of Development or Sale .........................
Low -density Project.........................................................
One-year, 24-hour Storm ...................................................
Owner..........................................................................
4

Redevelopment................................................................
Shellfish Resource Waters ..................................................
StructuralBMP..............................................................
Substantial Progress.........................................................
APPENDIX..............................................................................................................

SECTION 1: GENERAL PROVISIONS
xx-101 TITLE
This orduiance shall be officially known as "The Phase I I Stormwater Ordinance." It is
referred to herein as "this ordinance."
xx-102 AUTHORITY
xx-103 FINDINGS
It is hereby determined that:
Demkp»x7z and raiTdgv rt alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpomt and point source pollution, and sediment transport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from dr&bnrrzt sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stormwater controls such as those included in this ordinance.
Therefore, the Village of Lake Park, North Carolina 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. 1
xx-104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-dex1gvx t stormwater
runoff and nonpoint and point source pollution associated with new &wh pnx-Y& and

mi-wkpnvIt has been determined that proper management of construction -
related and post-deukpm7& stormwater runoff will minimize damage to public and
private property and infrastructure; safeguard the public health, safety, and general
welfare; and protect water and aquatic resources.
(B) Specific
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for dca4prrr& that protect the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new de-u&pnrrn and rt c-uYqram maintain the pre-&uigvz7a
hydrologic response in their post-dezdtprrent state as nearly as practicable for the
applicable design storm to reduce flooding, strearnbank 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-&aiopnvr 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 strriawal stom=ter BMA that may be used to meet the minimum post-
rrnt stonnwater management standards;
5. Encouraging the use of better management and. site design pr►ctices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
6. Establishing provisions for the long -tern responsibility for and maintenance
of stmaural and nonsmimtral strnrnzrraterBMPs 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 swyn=ter rmnag m�w plans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
xx-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all deu&pnzu and nyleuigtr�, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.

(B) Exemptions
Det&pmra that cumulatively disturbs less than one acre and is not part of a la7r
cwrmn plan qfdeu nt or sale is exempt from the provisions of this ordinance.
Raiezd� that cumulatively disturbs less than one acre and is not part of a larger
common plan of &Ldop ern or sale is exempt from the provisions of this ordinance.
Deuioprrm and raiukpnr& that disturb less than one acre are not exempt if such
activities are part of a la7rctxyrs m plan ofdemiopnint or sale, even though multiple,
separate or distinct activities take place at different times on different schedules.z
Activities that are exempt from permit requirements of Section 4C4 of the feder►l
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 cudoprr or mkbrla� shall occur except in compliance with the provisions
of this ordinance or unless exempted. No dez&prm& for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the map
titled "Phase II Stormwater Map of the Village of Lake Park, North Carolina" ("the
Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map
and all explanatory matter contained thereon accompanies and is hereby made a part
of this ordinance.3
The Stormwater Map shall be kept on file by the Stonmwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all stnrcturrzl BMA permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in The Village of Lake Park's code of ordinances, the meaning and
13

application of the term in this ordinance shall control for purposes of application of
this ordinance 4
(B) Text Controls in Event of Conflict
In the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
ordinance. Any person may request an interpretation bysubmitting a written request
to the Stormwater Administrator, who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Mawial, 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 Village of Lake Park, North Carolina, the
deadline or required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the Village of Lake Park, North Carolina. References
to days are calendar days unless otherwise stated.
(>F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator as designated by or contracted for by the Village of Lake Park, North
Carolina may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or dutyto 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.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the DesignMamtd as the basis for
decisions about stormwater permits and about the design, implementation and
performance of stnr al and norrst uawal stamierater BMA
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 II laws.5
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the DsignMamral 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 DesignMarud.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the DesignMamial 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.
10

xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revolve or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or i npose 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 Village of Lake Park, North
Carolina be obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
xx-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
xx-110 EFFECTIVE- DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on , 200_
(B) Final Approvals, Complete Applications
All &-u&prm,7r and nxi-uYgpncm projects for which complete and full applications
were s ubmitted and approved by the appropriate regulatory agency within Union
County, North Carolina prior to the effective date of this ordinance and which
remain valid, unexpired, unrevoked and not otherwise terminated at the time of
dt4gW ru or nrlCz�,w 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.
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
11

1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and
a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, dezdPrr:rn, construction, or other
activity complies with the provisions of this ordinance.6
12

SECTION 2: ADMINISTRATION AND PROCEDURES
xx-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated and contracted for by the
Village of Lake Park, North Carolina to administer and enforce this ordinance.
(2) Powers and Duties
n addition to the powers and duties that may be conferred by other provisions
of the Village of Lake Park code of ordinances or by the code of ordinances of
any entity contracted with to perfom the services of Stonnwater Administrator
and other laws, the Stormwater Administrator shall have the following powers
and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the Village of Lake Park Town Council on
applications for &zdg7rmrz or7alw1opra7z approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the Village of Lake
Park Town Council, upon request.
g. To designate appropriate other person(s) who shall can,/ out the
powers and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
xx-202 REVIEW PROLE, DURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all deuiq7rrrru and �nry 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

(B) Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including structural BMPs
and elements of site design for stormwater management other than stnAttffal 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 AeZelcp»-prn or nrkz gprmr& site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance provisions of this ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land oumr or the land aztw-'s duly authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator or his designee 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-deuioprrrru 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 or his designee 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.
(3) Permit Review Fees
The Village of Lake Park Town Council shall permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
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(E) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stonnwater Adrinistrator 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
The Stormwater Administrator shall review the application and determine whether
the application complies with the standards of this ordinance within a reasonable
period of time after submission of the application.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stonnwater 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
A complete revised application shall be reviewed by the Stormwater
Administrator within a reasonable period of time 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 pewit 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.
i5

xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed dew4m�,r project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other earlystep in the deuiapmerrt process.
The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater
management designs before formal site design engineering is commenced. Local
watershed plans, and other relevant resource protection plans should be consulted
in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed limits of clearing and
grading; and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for dewy pr and stormwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-dere4"v,& 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-deuYoprriru
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, or landscape architect, and the engineer, surveyor, or landscape
architect shall perfonn 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 xx-202(E).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certifythat the completed project is in accordance with
the approved stormwater management plans and designs, and shall submit actual "as
built" plans for all stonnwater management facilities or practices after final
construction is completed.
The plans shall show the final design specifications for all stonnwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stonnwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the local agency
responsible for issuing building permits and certificates of occupancy without final
as -built plans and a final inspection and approval by the Stormwater Administrator,
except where multiple units are served by the stormwater practice or faciities, in
which case the local agency that issues building permits may elect to withhold a
percentage of permits or certificates of occupancy until as -built plans are submitted
and final inspection and approval has occurred.
xx-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and federal
authorities.
17

(B) Time Limit/Expiration
An approved, plan shall become null and void if the applicant fails to make substantial
progn5s on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the Village of Lake Park Town
Council within 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 Village of Lake
Park. The Stormwater Administrator shall transmit to the Village of Lake Park
Town Council all documents constituting the record on which the decision appealed
from was taken.
The hearing conducted by the Village of Lake Park Town Council shall be
conducted in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence.
(C) Review by Superior Court
Every decision of the Village of Lake Park Town Council shall be subject to
Superior Court review by proceedings in the nature of certiorari. Petition for review
by the Superior Court shall be filed with the Clerk of Superior Court within thirty
(30) days after the latter of the following:
(1) The decision of the Village of Lake Park Town Council is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Mayor of the Village of Lake Parks at
the time of its hearing of the case.
18

SECTION 3. STANDARDS
xx-301 GENERAL STANDARDS
All mired rrertt and m4%zdqpm7r to which this ordinance applies shall comply with the
standards of this section.
xx-302 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Lawck7sity p*ts shall comply with each of the following standards:
(A) Storinwater runoff from the &rxlopnm shall be transported from the
deuioprav by vegetated conveyances to the maximum extent practicable.
(B) All hunt-upm arru shall be at a rnir,imuln of 30 feet landward of all perennial
and intermittent surface waters. A perennial or intermittent surface water
shall be deemed present if the feature is approximately shown on either the
most recent version of the soil survey map prepared bythe Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared bythe 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 Diusiorrapproved methodology.
(C} The approval of the stormwater pen -nit shall require an enforceable
restriction on property usage that nuns with the land, such as a recorded
deed restriction or protective covenants, to ensure that future dedgmra
and mkuYgpnvrt maintains the site consistent with the approved project
plans.
xx-303 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
High-don5ity pr4ccu shall implement stormwater control measures that comply with each of
the following standards:
(A) All structural stonnwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
rem or Total Suspended Solids (TSS). Stormwater treatment systems
Q shtne
teat t e runoff generated from the first inch of rainfall and runoff
wdown time shall be minimum of 48 hours, but not more than
120 hours.
(B) Stormwater treatment systems shall be installed to control the volume at
post -development for the 1-year/24-hour storm. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120
hours..
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H ,1008(c), as explained in the DoignMara d.
19

(D) All built-upmana shall be at a minimum of 30 feet landward of all perennial
and intermittent surface waters. A surface water shall be deemed present if
the feature is approximately shown on either the most recent version of the
soil survey map prepared by the Natural Resources Conservation Service of
the United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to
this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or similar
site -specific determination made using Diusiauz-approved methodology.
(E) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded deed
restrictions or protective covenants, to ensure that future &Ldqvz7& and
n&wIopnz-a maintains the site consistent with the approved project plans_
xx-304 STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stormwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stormwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stormwater practice, in the DaignMarval. The Stormwater
Admiristrator shall determine whether proposed BMPs will be adequate to meet the
requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design -Manual will be presumed
to meet the minimum water quality and quantity performance standards of this
ordinance. Whenever an applicant proposes to utilize a practice or practices not
designed and constructed in accordance with the criteria and specifications in the
DesignMar=4 the applicant shall have the burden of demonstrating that the
practice(s) will satisfythe minimum water qualityand quantity performance
standards of this ordinance. The Stormwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessaryfor
the Stormwater Administrator to determine whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
20

For BMPs that regture a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.7
xx-305 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The Village of Lake Park may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance 8
xx-306 VARIANCES
(A) Any person may petition the Village of Lake Park for a variance granting permission to
use the person's land in a manner otherwise prohibited by this ordinance. To qualify for a
variance, the petitioner must show all of the following-
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(B) "I"he Village of Lake Park may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(C) Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize disturbance, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BMPS.
(2) When there is a lack of practical alternatives for a stormwater management
facility; a stormwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of 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
7 From SL 2006-246, § 9(k).
s From Virginia Stormwater Management Model Ordinance.
21

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 fora 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.
22

SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The orwx-r of each stnxrwral 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 stmaural
BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of anyst &twal 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, or person certified bythe North Carolina Cooperative
Extension Service for stormwater treatment practice inspection and maintenance.
The inspection report shall contain all of the following:
(1} The name and address of the land orwier;
(2) The recorded book and page number of the lot of each stnurrcral BMP;
(3) A statement that an inspection was made of all stmmffal BMA;
(4) The date the inspection was made;
(5) A statement that all inspected stnrctural BMA are performing properly and
are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certificationy
9 Drawn from Wake County stormwater ordinance (based on Neuse Urban Stormwater program).
23

xx-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this ordinance, and prior to issuance of any permit for
dezd� or nY&m pnz7,t requiring a sbuduml BMP pursuant to this ordinance, the
applicant or ourrorof the site must execute an operation and maintenance agreement
that shall be binding on all subsequent ouners 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 ours or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the our,77, or ouners to
maintain, repair and, if necessary, reconstruct the stnrctwal BMP, and shall state the
terms, conditions, and schedule of maintenance for the stmawal BMP. In addition, it
shall grant to The Village of Lake Park a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the structural BMP; however, in no case
shall the right of entry, of itself, confer an obligation on The Village of Lake Park to
assume responsibility for the stnatan-al 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.10 A
copy of the recorded maintenance agreement shall be given to the Stormwater
Administrator within fourteen (14) days following its recordation. 11
(B) Special Requirement for Homeowners' and Other Associations
For all smrctural BMA required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association,
or similar entity, the required operation and maintenance agreement shall include all
of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the stnatural BMPs. If structural BMA are not
performing adequately or as intended or are not properly maintained, the
Village of Lake Park, in its sole discretion, may remedythe situation, and in
such instances the Village of Lake Park shall be fully reimbursed from the
escrow account. Escrowed funds maybe spent by the association for
sediment removal, structural, biological or vegetative replacement, major
10 Adapted from Metro North Georgia Water Management District and Stormwater Center/EPA Model
Ordinances. The requirement that owner maintain the BMP is adapted from the Town of Cary Watershed
Protection Ordinance.
1 � Most of the following homeowners' association requirements are adapted from Neuse model program
provisions as adopted in Wake County.
24

repair, and reconstruction of the stmawal BMA, provided that the Village
of Lake Park shall first consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial construction
cost of the smatural BMI-�. Two-thirds (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited within ten (10) years
following initial construction of the sm&twal BMA. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
(4) The percent of developer contribution and lengths of time to fund the
escrow account may be varied by the Village of Lake Park depending on the
design and materials of the stormwater control and management facility.
(5) Granting to the Village of Lake Park a right of entry to inspect, monitor,
maintain, repair, and reconstruct str awal BMPs.
(6) Allowing the Village of Lake Park to recover from the association and its
members any and all costs the Village of Lake Park expends to maintain or
repair the smmtral BMA or to correct any operational deficiencies. Failure
to pay the Village of Lake Park all of its expended costs, after forty-five
days written notice, shall constitute a breach of the agreement. In case of a
deficiency, the Village of Lake Park shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the
lien hercby authorized by the agreement against the property, or both..
Interest, collection costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Village of Lake Park
to maintain or repair any strcxwml BMA, and the Village of Lake Park shall
not be liable to any person for the condition or operation of sun awal BMA.
(8) A statement that this agreement shall not in anyway diminish, limit, or
restrict the right of the Village of Lake Park to enforce any of its ordinances
as authorized by law.
(9) A provision indemnifying and holding harmless the Village of Lake Park for
any costs and injuries anisimg from or related to the structural BMP, unless
the Village of Lake Park has agreed in writing to assume the maintenance
responsibility for the BNIP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
25

xx-403 INSPECTION PROGRAM
Inspections and inspection programs by The Village of Lake Park may be conducted
or established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or other notice
of possible violations; and joint inspections with other agencies inspecting under
environmental or safety laws. Inspections may include, but are not limited to,
reviewing maintenance and repair records; sampling discharges, surface water,
groundwater, and material or water in BMPs; and evaluating the condition of
BMPs.12
If the ouner 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.
xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required13
The Village of Lake Park may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the structural BA4A are
(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) maintained by the ozux-r 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.
12 Adapted from Stormwater Center/EPA and Metro North Georgia Water Management District Model
Ordinances,
13 From Virginia Model Ordinance for Stormwater Management.
26

(C} Uses of Performance Security
(1) Forfeiture Provisions
The performance securityshall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to iiutiate or
maintain any actions which may be required of the applicant or ouner- 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 uzux-r to construct, maintain, repair and, if necessary,
reconstruct any sty aural 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 oumr to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the Village of Lake Park shall not return any
of the unused deposited cash funds or other security, which shall be retained for
maintenance. 14
(3) Costs in Excess of Performance Security
If the Village of Lake Park takes action upon such failure by the applicant or
ozurr, the Village of Lake Park may collect from the applicant or ourierthe
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.
xx-405 NOTICE TO 011/VEAS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable)
pertaining to everystractwal BMP shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. if no
subdivision plat is recorded for the site, then the operations and maintenance
1
4 From "]own ofCary Watershed Protection Ordinance.
27

agreement[, conservation easement, or dedication and acceptance into public
maintenance, whichever is applicable] shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, stnkc al BMPs shall be posted with a conspicuous
sign stating who is responsible for required maintenance and annual inspection. The
sign shall be maintained so as to remain visible and legible.
xx-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The uwxr of each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.t5
xx-407 NUISANCE
The ozwr of each stormwater BMP, whether stnxutral or non-stnuxan-al BMP, shall maintain
it so as not to create or result in a nuisance condition.
xx-408 MAINTENANCE EASEMENT
Everystnrcrural 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 specifywho may make use of the easement and for what
purposes.
15 Adapted from Metro North Georgia Water Management District Model Ordinance.
28

SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Village of Lake
Park Whenever this section refers to the Stormwater Administrator, it includes his
or her designee as well as any authorized agent of the Village of Lake Park
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any pen -nit or
other &u4nm or nrku apm�7u 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.17
(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; ar an OzUr', anytenant
or occupant, or any other person, who has control over, or responsibility for, the
use or &zel� of the property on which the violation occurs.18
For the purposes of this article, responsible person(s) shall include but not be
limited to:19
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
16 From Town of Apex Unified Development Ordinance.
17 Adapted from 'Town of Cary Land Development Ordinance.
16 Adapted from Hall County, Georgia, Unified Development Ordinance.
H An inclusive approach to "responsible persons" drawn from the Town of Apex UDO.
29

(2) Responsibility For Land or Use of Land
The other 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, duLdq m or rrdcmlopnr& of
the property.
xx-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to iss ue 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
Village of Lake Park or its designated agent for review of land development
requests may disapprove, any request for permit or dezdgmzYn approval or
authorization provided for by this ordinance or the (zoning. subdivision, and/or
building regulations, as appropriate) for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Mayor of
the Village of Lake Park may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of abatement
to correct a violation of this ordinance. Any person violating this ordinance
shall be subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(4) Correction as Public Health Nuisance, 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
Mayor of the Village of Lake Park, may cause the violation to be corrected and
the costs to be assessed as alien against the property.
30

(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations. Yo
(B) Civil Penalties
Violation of this ordinance may subject. the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties maybe assessed up to the full amount of penalty to
which the Village of Lake Park is subject for violations of its Phase II Stormwater
permit, -or if no Phase 11 Stormwater permit exists for the jurisdiction, civil penalties l
may be assessed up to the full amount allowed by law. (�`
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fullythe 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.21
(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 awrr or other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessaryaction to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
20 Adapted from Metro North Georgia Water Management District Model Ordinance.
21 From "town of Cary Land Development Ordinance.
31

to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the (name of law enforcement_Qr code enforcement personnel?,
by certified or registered mail, return receipt requested, or by any means authorized
for the service of documents by Rule 4 of the North Carolina Rules of Civil
Procedure 22
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the owrof 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 30 days. The Stormwater Administrator may grant 30-day
extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction order 23
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stormwater Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance z4
(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 mayorder 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.
22 From Town of Apex Unified Development Ordinance.
23 From Town of Apex Unified Development Ordinance.
24 From Town of Apex Unified Development Ordinance.
32

SECTION 6: DEFINITIONS
xx-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Built-,rrpon dreg �BUfl%
'f hat portion of a dk r 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 swinvning 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 25
Departinent
The North Carolina Department of Environment and Natural Resources zs
Design Manual
7ite stonnwater design manual approved for use in Phase II jurisdictions by the Dq)artftwr
for the proper implementation of the requirements of the federal Phase 11 stormwater
program. All references herein to the DcsignMarural are to the latest published edition or
revision 27
Dezelopment
Any land -disturbing activity that increases the amount of built -upon ww or that otherwise
decreases the infiltration of precipitation into the soil28
Dizzsron
The Division of Water Quality in the Dgpanr vw zs
Nigh -density pivject
Any project that is not classified as a low -density project. A high -density project may
contain distinct drainage areas discharging from the project that meet the low -density built -
upon area (BUA) threshold and those distinct drainage areas may be developed meeting low -
density development standards.
Largercornmonplln ofdezelopment orsale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of docuinentation (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
25 From S.B. 1210.
26 from temporary rule.
27 Adapted from North Georgia M.O.
28 From North Carolina Model Ordinance for Water Supply Watershed Protection and 15A NCAC
2B.0202(23).
29 From S.B. 1210.
33

(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot 30
Low-densityprolect
Any project is low -density project if all distinct drainage areas discharging from the project
have no more than twenty-four percent built -upon area (BUA) for all residential and non-
residential development.
lyear, 21hourstorm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and with a duration of 24 hours.31
Owner
The legal or. beneficial owner of land, including but not lunited 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_
Redezelopment
Any derelq"o,& on previousl}-developed land, other than a rebuilding activitythat results in
no net increase in built-uponanv and provides equal or greater stormwater control than the
previous n.
Shellfish Res oarre W ters
Class SA waters that contain an average concentration of 500 parts per million of natural
chloride ion. Average concentration is determined by averaging the chloride concentrations
of five water samples taken one-half mile downstream from the project site that are taken on
separate days, within one hour of high tide, and not within 48 hours following a rain event.
The chloride ion concentrations are to be determined by a State -certified laboratory.32
Strrrcturaz9ffP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-deia*rm,& hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BMP" is synonymous with "structural practice,"
"stormwater control facility," "stormwater control practice," "stormwater treatment
practice," "stormwater management practice," "stormwater control measures," "structural
stormwater treatment systems," and similar terms used in this ordinance.
30 Definition adapted from EPA Storm Water Phase tl Compliance Assistance Guide.
3' From S.B. t210.
32 From SL 2006-246.
34

Srr 6s tan ti�zlp m� r�s s
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. 33
;' Adapted from Town of Cary 1-and Development Ordinance.
35

Appendix;_ Sources consulted or from which provisions were drawn for this Model Ordinance
Model Ordinance for Post -Development Stormwater Management for New Development and
Redevelopment (Metropolitan North Georgia Water Management District)
Model Ordinance for Water Supply Watershed (NC Division of Water Quality)
Neuse River Basin Model Stormwater Program for Nitrogen Control
Tar -Pamlico Basin Nutrient -Sensitive Waters Management Strategy
Model Stormwater Ordinance (Center for Watershed Protection, Inc. ["Stormwater Center"])
Model Stormwater Ordinance (US EPA)
Unified Development Ordinance (Hall County, Georgia)
Unified Development Ordinance (Town of Apex, NC)
Land Development Ordinance (Town of Cary, NC)
Watershed Protection Ordinance (Town of Cary, NC)
Stormwater Management Model Ordinance (State of Virginia)
Town Code of Wrightsville Beach, NC
Illicit discharge provisions: Raleigh, NC; Greenville, NC; Franklin, TN
Stormwater Management Ordinance (Wake County, NC)
36

C
le�c Ce 5/l�t�v 19
Village of Lake Park, North Carolina
Post Construction Controls Ordinance
Adopted

Table of Contents
SECTION l: GENERAL PROVISIONS...............................................................6
xx-101
Title...............................:..........................................................6
xx-102
Authority.....................................................................................6
xx-103
Findings......................................................................................6
xx-104
Purpose ...................................... :............................................... 6
(A) General.............................................................................6
(B) Specific.............................................................................7
xx-105
Applicability and Jurisdiction..........................................................7.
(A) General.............................................................................7
(B) Exemptions........................................................................7
(C) No Development or Redevelopment Until Compliance and Permit ... 8
(D) Map.................................................................................8
xx-106
Interpretation...............................................................................8
(A) Meaning and Intent.............................................................8
(B) Text Controls in Event of Conflict...........................................8
(C) Authority for Interpretation...................................................9
(D) References to Statutes, Regulations and Documents.....................9
(E) Computation of Time...........................................................9
(F) Delegation of Authority.........................................................9
(G) Usage...............................................................................9
(1) Mandatory and Discretionary Terms ..............................9
(2) Conjunctions............................................................9
(3) Tense, Plurals and Gender...........................................9
(H) Measurement and Computation.............................................10
xx-107
Design Manual............................................................................10
(A) Reference to Design Manual................................................10
(B) Relationship of Design Manual to Other Laws and Regulations.....10
(C) Changes to Standards and Specifications.................................10
(D) Amendments to Design Manual.............................................10
xx-108
Relationship to Other Laws, Regulations and Private Agreements ............ 10
(A) Conflict of Laws................................................................10
(B) Private Agreements............................................................10
xx409Severability
................................................................................11
xx-110
Effective Date and Transitional Provisions.........................................II
(A) Effective Date...................................................................I l
(B) Final Approvals, Complete Applications..................................II
(C) Violations Continue............................................................11
SECTION TWO: ADMINISTRATION AND PROCEDURES.............................................12
XX-201 Review and Decision -Making Entities...............................................12
(A)
Stormwater Administrator...................................................12
(1) Designation..........................................................12
(2) Powers and Duties....................................................12
xx-202 Review Procedures.......................................................................12
(A)
Permit Required; Must Apply for Permit.................................12
(B)
Effect of Permit.................................................................13
(C)
Authority to File Applications...............................................13
(D)
Establishment of Application Requirements, Schedule and Fees....13
2

(1) Application Contents and Form...................................13
(2) Submission Schedule.................................................13
(3) Permit Review Fees..................................................13
(4) Administrative Manual..............................................13
(E) Submittal of Complete Application.........................................14
(F) Review............................................................................14
(1) Approval...............................................................14
(2) Fails to Comply.......................................................14
(3) Revision and Subsequent Review..................................14
xx-203 Application
for Approval...............................................................15
(A)
Concept Plan and Consultation Meeting..................................15
(1) Existing Conditions/Proposed Site-Plans........................15
(2) Natural Resources Inventory.......................................15
(3) Stormwater Management System Concept Plan...............15
(B)
Stormwater Management Permit Application ............................16
(C)
As -Built Plans and Final Approval.........................................16
(D)
Other Permits....................................................................16
xx-204 Approvals
..................................................................................16
(A)
Effect of Approval..............................................................16
(13)
Time Limit/Expirations.......................................................17
xx-205 Appeals
.....................................................................................17
(A)
Right of Appeal.................................................................17
(B)
Filing of Appeal and Procedures............................................17
(C)
Review by Superior Court...................................................17
SECTION T1iREE: STANDARDS...............................................................................18
xx-301
General Standards.......................................................................18
xx-302
Development Standards for Low -Density Projects................................18
xx-303
Development Standards for High -Density Projects...............................18
xx-304
Standards for Stormwater Control Measures ..................
(A) Evaluation According to Contents of Design Manual...................19
(13) Determination of Adequacy; Presumptions and Alternatives ......... 19
(C) Separation from Seasonal IIigh Water Table ...........................19
xx-305
Dedication of BMPs, Facilities & Improvements..................................19
xx-306
Variances..................................................................................20
SECTION FOUR: MAINTENANCE ............................................................................21
xx-401
General Standards for Maintenance.................................................21
(A) Function of BMI's as Intended..............................................21
(13) Annual Maintenance Inspection and Report .............................21
xx-402
Operation and Maintenance Agreement............................................21
(A) In General........................................................................21
(B) Special Requirement for Homeowners' and Other Associations ..... 22
xx-403
Inspection Program......................................................................23
xx-404
Performance Security for Installation and Maintenance ......................23
(A) May be Required................................................................23
(B) Amount...........................................................................24
(1) Installation.............................................................24
(2) Maintenance...........................................................24
3

(C) Uses of Performance Security................................................24
(1) Forfeiture Provisions.................................................24
(2) Default...................................................................24
(3) Costs in Excess of Performance Security ........................24
(4) Refund...................................................................25
xx-405 Notice'I'o Owners.........................................................................25
(A) Deed Recordation and Indications On Plat...............................25
(B) Signage............................................................................25
xx-406 Records of Installation and Maintenance Activities...............................25
xx-407 Nuisance....................................................................................25
xx-408 Maintenance Easement..................................................................25
SECTION FIVE: ENFORCEMENT AND VIOLATIONS .............. :................................... 26
xx-501 General.....................................................................................26
(A)
Authority to Enforce.........................:.................................26
(B)
Violation Unlawful.............................................................26
(C)
Each Day a Separate Offense.................................................16
(D)
Responsible Persons/Entities.................................................26
(1) Person Maintaining Condition Resulting in Violation ........
26
(2) Responsibility For Land or Use of Land......................26
xx-502 Remedies and Penalties.................................................................27
(A)
Remedies.........................................................................27
(1) Withholding of Certificate of
Occupancy .........................27
(2) Disapproval of Subsequent Permits et. al........................27
(3) Injunction, Abatements, etc........................................27
(4) Correction as Public Health Nuisance, Costs as Lien, etc...27
(5) Stop Work Order.....................................................27
(B)
Civil Penalties...................................................................28
(C)
Criminal Penalties...........................................................28
xx-503 Procedures.................................................................................28
(A)
Initiation/Complaint...........................................................28
(13)
Inspection.........................................................................28
(C)
Notice of Violation and Order to Correct.................................28
(D)
Extension of Time..............................................................29
(E)
Enforcement After Time to Correct.......................................29
(F)
Emergency Enforcement......................................................29
SECTION SIX: DEFINITIONS ...................................................................................30
XX-601 'Perms Defined............................................................................30
Built -upon area(BUA)........................................................30
Department......................................................................30
DesignManual..................................................................30
Development.....................................................................30
Division...........................................................................30
Fligh-density Project...........................................................30
Larger Common Plan of Development or Sale ...........................30
Low -density Project.........................................................30
One-year, 24-hour Storm .................. :.................................. 31

Owner.............................................................................31
Redevelopment..................................................................31
Sbellfisb Resource Waters....................................................31
StructuralBMP.................................................................31
SubstantialProgress...........................................................31
APPENDIX.............................................................................................................32

SECTION 1: GENERAL PROVISIONS
xx-101 TITLE
This ordinance shall be officially known as "The Phase lI Stormwater Ordinance." It is
referred to herein as "this ordinance."
xx-102 AUTHORITY
xx-103 FINDINGS
It is hereby determined that:
Dmdgmrr& and nxkwlopnxr& alter the hydrologic response of local watersheds and increase
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from deukpnvr sites.
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase 11 Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum
stormwater controls such as those included in this ordinance.
Therefore, the Village of Lake Park, North Carolina 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.
xx-104 PURPOSE
(A) General
The purpose of this ordinance is to protect, maintain and enhance the public health,
safety, environment and general welfare by establishing minimum requirements and
procedures to control the adverse effects of increased post-dezPllop=stormwater
runoff and nonpoint and point source pollution associated with new dewlopnrnrt and
rai-� It has been determined that proper management of construction -
related and post-dezel� 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.
M

(B) Specific
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for &z&prrrru that protect the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new deuiOprrm and rerlea4p7r& maintain the pre-dezdopnz-a
hydrologic response in their post-deu4gvxrrt state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, nonpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing minunum post-deztipm 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 stnictural stommterBMPs that may be used to'meet the minimum post-
cler�.vnt stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
b. Establishing provisions for the long-term responsibility for and rnaintenance
of smuctural and mvrtmctural stonr=ter 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 stonnmter rmnagmunt plant, for the inspection of approved
projects, and to assure appropi-iate long-tenn maintenance.
xx-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all cieu4rrrru and nA-uYcp7unt, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.
(B) Exemptions
Dcuitprea that cumulatively disturbs less than one acre and is not pan of a lazWr
cnrwrm pkin cf ei-a4 m-nt orsale is exempt from the provisions of this ordinance.

RaLdopnz?nt that cumulatively disturbs less than one acre and is not part of a larger
common plan of cbulcpnvr or sale is exempt from the provisions of this ordinance.
Dewlgc,?m t and mkzdopr m that disturb less than one acre are not exempt if such
activities are part of a la7rcorr planq�&uigpnm orsale, 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 fanning and
forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No &ukpnm& or rtTkuiqpn= shall occur except in compliance with the provisions
of this ordinance or unless exempted. No dezplop»rru for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall apply within the areas designated on the map
titled "Phase II Stormwater Map of the Village of Lake Park, North Carolina" ("the
Stormwater Map"), which is adopted sunultaneously herewith. The Stormwater Map
and all explanatory matter contained thereon accompanies and is hereby made a part
of this ordinance.
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all stm rural BMPs permitted under this
ordinance. In the event of a dispute, the applicability of this ordinance to a
particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
xx-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in The Village of Lake Park'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.

(C) Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
ordinance. Any person may request an interpretation by submitting a written request
to the Stonnwatcr Administrator, who shall respond in writing within 30 days. "llie
Stormwater Administrator shrill 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 DestgnMarn4, 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 Village of Lake Park, North Carolina, the
deadline or required date of action shall be the next day that is not a Saturday,
Sunday or holiday observed by the Village of Lake Park, North Carolina. References
to days are calendar days unless otherwise stated.
{F) Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator as designated by or contracted for by the Village of Lake Park, North
Carolina may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Terms
The words "shall," "must," and "Will' are mandatory In nature, establishing an
obligation or duty to comply with the particular provision. The words "may"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions and events apply. The word "oe' indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number iticludes the
singular nuinber, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
l7

(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-147 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 stnu v=1 and ru»rstnaiural stomiu ater BMPs.
The Design Manual includes a list of acceptable stonnwater 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 II laws.
(B) Relationship of Design Manual to Other Laws and Regulations
If the specifications or guidelines of the DcsignManeal are more restrictive or apply
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the DesignMarural.
(C) Changes to Standards and Specifications
1 f 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.
xx-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such 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
10

deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall the Village of lake Park, North
Carolina be obligated to enforce the provisions of any easements, covenants, or
agreements between private parties.
xx-109 SEVERABILITY
If the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of anysection, subsection, paragraph, subdivision or
clause of this ordinance.
xx-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on , 200_
(B) Final Approvals, Complete Applications
All dezeloprrzrrt and nrxli-zeApnm projects for which complete and full applications
were submitted and approved by the appropriate regulatoryagency within Union
County, North Carolina prior to the effective date of this ordinance and which
remain valid, unexpired, unrevoked and not otherwise terminated at the time of
der *four or n ykxdgpn m 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.
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minirnwri, the boundaries of the project and
a subdivision plan that has been approved.
2 For any subsequent phase of development, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, decdopaxv, construction, or other
activity complies with the provisions of this ordinance.
11

SECTION 2: ADMINISTRATION AND PROCEDURES
xx-201 REVIEW AND DECISION-MAKTNGENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated and contracted for by the
Village of Lake Park, North Carolina to administer and enforce this ordinance.
(2) Powers and Duties
1 n addition to the powers and duties that may be conferred by other provisions
of the Village of Lake Park code of ordinances or by the code of ordinances of
any entity contracted with to perform the services of Storrnwater Administrator
and other laws, the Stormwater Administrator shall have the following powers
and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the Village of Lake Park Town Council on
applications for deuiopm7& or m1,za*mr7& approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the Village of Lake
Park Town Council, upon request.
g. To designate appropriate other person(s) who shall carry out the
powers and duties of the Stormwater Administrator.
To take any other action necessary to administer the provisions of this
ordinance.
xx-2C2 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all dez&prr7n and nybuiqrrt rt 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.
12

(B) Effect of Permit
A stormwater pen -nit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including stnKtural BMPs
and elements of site design for stormwater management other than stnxutural 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 dewkp ma or rz&ulo� site consistent with the requirements
of this ordinance, whether the approach consists of structural BMPs or other
techniques such as low -impact or low -density design. The permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is assured by the maintenance .provisions of this ordinance.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land ozewr- or the land ozux-r's duly authorized agent.
(D) Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator or his designee 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 sliall describe in detail how post-&uk rrn 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 or his designee 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 tune to review applications; and that the various stages in the review
process are accommodated.
(3) Permit Review Fees
The Village of t_,ahe Parr Town Council shall permit review fees as well as
policies regarding refund of any fees upon withdrawal of an application, and
may amend and update the fees and policies from time to time.
(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shal]
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
13

(F) Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established bythe Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timelysubmitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule'established above.
(F) Review
The Stormwater Administrator shall review the application and determine whether
the application complies with the standards of this ordinance within a reasonable
period of time after submission of the application.
(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) Pails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within a reasonable period of time 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 substantiallythe same project
shall be required along with the appropriate fee for a new submittal.
One re -submittal of a revised application maybe submitted without payment of
an additional permit review fee. Any re -submittal after the first re -submittal
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
14

xx-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed (kukppm project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the Ldgpmrrt 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 stotn-iwater
management designs before formal site design engineering is commenced. Local
watershed plans, and other relevant resource protection plans should be consulted
in the discussion of the concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography, perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available);
boundaries of existing predominant vegetation; proposed linuts 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 $oil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for dcL�za and stonmwater management.
(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post-deuYoprmau stormwater
management system including: prep ninary 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 storni
drains; flow paths; location of floodplaii/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 culven crossings. 0
15

(B) Stormwater Management Permit Application
The stormwater management permit application shall detail how post-dcu��
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, or landscape architect, and the engineer, surveyor, 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
Marawl, and that the designs and plans ensure compliance with this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(E).
(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 "as built" plans shall be submitted both in paper
form and electronic file format (AutoCAD format) that is compatible with the
electronic format being used by the Village of Lake Park for updating the
Stormwater Map of the Village of Lake Park.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancyshall be issued bythe local agency
responsible for issuing building permits and certificates of occupancy without final
as -built plans and a final inspection and approval by the Stormwater Administrator,
except where multiple units are served by the stormwater practice or facilities, in
which case the local agency that issues building permits may elect to withhold a
percentage of permits or certificates of occupancy until as -built plans are submitted
and final inspection and approval has occurred.
xx-204 APPROVALS
0 (A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. Tile approval shall not be construed to exempt
16

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
progss on the site within one year after the date of approval. 'The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
In granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determinat1011
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the Village of Lake Park Village
Council within 30 days.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified tune period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by the Village of Lake
Park. The Stormwater Administrator shall transmit to the Village of Lake Park
Village Council all documents constituting the record on which the decision
appealed from was taken.
The hearing conducted by the Village of Lake Park Village Council shall be
conducted in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence.
(C) Review by Superior Court
Every decision of the Village of Lake Park Village Council shall be subject to
Superior Court review by proceedings in the nature of certiorari. Petition for review
by the Superior Court shall be filed with the Clerk of Superior Court within thirty
(30) days after the latter of the following:
(1) The decision of the Village of Lake Park Village Council is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the Mayor of the Village of Lake Parr at
the time of its hearing of the case.
17

SECTION 3: STANDARDS
xx-301 GENERAL. STANDARDS
All derelrpww and raiewlgwrru to which this ordinance applies shall comply with the
standards of this section.
xx-302 DEVELOPMENT STANDARDS FOR LOW -DENSITY PROJECTS
Lowdozity projects shall comply with each of the following standards:
(A) Stonnwater runoff from the derxlopra" shall be transported from the
derdgrnrrru by vegetated conveyances to the maximum extent practicable.
(B) All built-upmareashall be at a minimum of 30 feet landward of all perennial
and intermittent surface waters. A perennial or intermittent surface water
shall be deemed present if the feature is approximately shown on either the
most recent version of the soil survey map prepared by the Natural
Resources Conservation Service of the United States Department of
Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5
minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS). An exception to this requirement may be allowed
when surface waters are not present in accordance with the provisions of
15A NCAC 2B .0233 (3) (a) or similar site -specific determination made
using Dizisiorrapproved methodology.
(C) Tlie 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 dcukpnm
and Ana maintains the site consistent with the approved project
plans.
xx-303 DEVELOPMENT STANDARDS FOR HIGH -DENSITY PROJECTS
Higl -&miry p*ts shall implement stormwater control measures that comply with each of
the following standards:
(A) All structural stormwater treatment systems used to meet these
requirements shall be designed to have a minimum of 85% average annual
removal for Total Suspended Solids (TSS). Stormwater treatment systems
shall teat the runoff generated from the fiat inch of rainfall and runoff
volume drawdown time shall be minimum of 48 hours, but not more than
120 hours.
(B) Stormwater treatment systems shall be installed to control the volume at
post -development for the 1-year/24-hour storm. Runoff volume
drawdown time shall be a minimum of 48 hours, but not more than 120
hours..
(C) General engineering design criteria for all projects shall be in accordance
with 15A NCAC 2H .1008(c), as explained in the DesignMamal.
18

(D) All bra'lt-upon ana shall be at a minimum of 30 feet landward of all perennial
and intermittent surface waters. A surface water shall be deemed present if
the feature is approximately shown on either the most recent version of the
soil survey map prepared by the Natural Resources Conservation Service of
the United States Department of Agriculture (USDA) or the most recent
version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the United States Geologic Survey (USGS). An exception to
this requirement may be allowed when surface waters are not present in
accordance with the provisions of 15A NCAC2B .0233 (3)(a) orsimil r
site -specific detennination made using Diuskn-approved methodology.
(E) The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as recorded deed
restrictions or protective covenants, to ensure that future rlC'telgbrrrt and
rzopn-nru maintains the site consistent with the approved project plans_
xx-304 STANDARDS FOR STORMWAI"L' R CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures and stonnwater treatment practices (also referred
to as Best Management Practices, or BMPs) required under this ordinance shall be
evaluated by the Stonnwater Administrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
criteria for each stonnwater practice, in the DrstgnMarawl. The Stormwater
Administrator shall determine whether proposed BMPs will be adequate to meet the
requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the DaignMarnal will be preswned
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
DaignMamo4 the applicant shall have the burden of demonstrating that the
practices) will satisfy the minimum water quality and quantity performance
standards of this ordinance. The Stonnwater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary for
the Stonnwater Administrator to determine whether such an affirmative showing is
made.
(C) Separation from Seasonal High Water Table
For BMPs that require a separation from the seasonal high-water table, the
separation shall be provided by at least 12 inches of naturally occurring soil above
the seasonal high-water table.
xx-305 DEDICATION OF BMPS, FACILI`i-IES & IMPROVEMENTS
The Village of Lake Park may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
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this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
xx-306 VARIANCES
(A) Any person may petition the Village of Lake Park for a variance granting permission to
use the person's land in a manner otherwise prohibited by this ordinance. To qualify for a
variance, the petitioner must show all of the following:
(1) Unnecessary hardships would result from strict application of this ordinance.
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and will preserve substantial justice.
(B) The Village of Lake Park may impose reasonable and appropriate conditions and
safeguards upon any variance it grants.
(q Statutory exceptions
Notwithstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the following instances:
(1) When there is a lack of practical alternatives for a road crossing, railroad
crossing, bridge, airport facility, or 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 stonxrwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of all perennial and intermittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize disturbance, provide
maximum nutrient removal, protect against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect water quality to the
maximum extent practicable through the use of BMPs.
(3) A lack of practical alternatives maybe 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.
`O

SECTION 4: MAINTENANCE
xx-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The omrur of each structural BMP installed pursuant to this ordinance shall maintain
and operate it so as to preserve and continue its function in controlling stornwater
quality and quantity at the degree or amount of function for which the stnatttral
BMP was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of anystntctural 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, or person certified by the North Carolina Cooperative
Extension Service for stormwater treatment practice inspection and maintenance.
The inspection report shall contain all of the following:
(1) The name and address of the land aurae;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all stnKturcd BMA;
(4) The date the inspection was made;
(5) A statement that all inspected stnraural BMA are performing properly and
are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Achninistrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certification.
xx-402 OPERA'I"ION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
str xuffal BMP pursuant to this ordinance, and prior to issuance of any permit for
rlc rjnrr or nykwkp aig_requiring a stnatural BMP pursuant to this ordinance, the
applicant or ourer-of the site must execute an operation and maintenance agreement
that shall be binding on all subsequent uwxrs of the site, portions of the site, and
lots or parcels served by the structural BMP. Until the transference of all property,
21

sites, or lots served by the structural BMP, the original mmer or applicant shall have
primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the ozatTorozuzn 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 Village of Lake Park a right of entry in the event that the
Stonuwater Administrator has reason to believe it has become necessary to inspect,
monitor, maintain, repair, or reconstruct the strudwal BMP; however, in no case
shall the right of entry, of itself, confer an obligation on The Village of Lake Park to
assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stonnwater
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 BMA required pursuant to this ordinance and that are to be or are
owned and maintained by a homeowners' association, property owners' association,
orsimilarentity, the required operation and maintenance agreement shall include all
of the following provisions:
(1) Acknowledgment that the association shall continuously operate and
maintain the stormwater control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, structural, biological or vegetative replacement, major
repair, or reconstruction of the stria wal BMA. If structural BMA are not
performing adequately or as intended or are not properly maintained, the
Village of Lake Park, in its sole discretion, may remedythe situation, and in
such instances the Village of Lake Park shall be fully reimbursed from the
escrow account. Escrowed funds may be spent by the association for
sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the strxa2wal BMA, provided that the Village
of Lake Park shall first consent to the expenditure.
(3) Both developer contribution and annual sinking funds sliall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial construction
cost of the structwal BMA. Two-thirds (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account within the first five
(5) years and the full amount shall be deposited within ten (10) years
following initial construction of the structzrral BMA. Funds shall be
deposited each year into the escrow account. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn down from the escrow account shall be replaced
in accordance with the schedule of anticipated work used to create the
sinking fund budget.
22

(4) The percent of developer contribution and lengths of time to fttnd the
escrow account may be varied by the Village of Lake Park depending on the
design and materials of the stormwater control and management facility.
(5) Granting to the Village of Lake Park a right of entryto inspect, monitor,
maintain, repair, and reconstruct stnurtrral BMPs.
(6) Allowing the Village of Lake Park to recover from the association and its
members any and all costs the Village of Lake Park expends to maintain or
repair the srna7inal BMA or to correct any operational deficiencies. Failure
to pay the Village of Lake Park all of its expended costs, after forty-five
days written notice, shall constitute a breach of the agreement. In case of a
deficiency, the Village of Lake Park shall thereafter be entitled to bring an
action against the association and its members to pay, or foreclose upon the
lien hereby authorized by the agreement against the property, or both..
Interest, collection costs, and attorney fees shall be added to the recovery.
(7) A statement that this agreement shall not obligate the Village of Lake Park
to maintain or repair any struciural BMA, and the Village of Lake Park shall
not be liable to any person for the condition or operation of stmairral BMA.
(8) A statement that this agreement shall not in any way diminish, limit, or
restrict the right of the Village of Lake Park to enforce any of its ordinances
as authorized by law.
(9) A provision indemnifying and holding hannless the Village of Lake Park for
any costs and injuries arising from or related to the structural BMP, unless
the Village of Lake Park has agreed in writing to assume the maintenance
responsibility for the BMP and has accepted dedication of any and all rights
necessary to carry out that maintenance.
xx-403 INSPECTION PROGRAM
Inspections and inspection programs by The Village of Lake Park may be conducted
or established on any reasonable basis, including but not limited to routine
inspections; random inspections; inspections based upon complaints or other notice
of possible violations; and joint inspections with other agencies inspecting tinder
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 BMI's,
If the uwxror 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 off icial
duties.
xx-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required
The Village of Lake Park may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
23

acceptable legal arrangement prior to issuance of a permit in order to ensure
that the structural BMA are
(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) maintained by the ouirr 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
Tlie 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 BIMPs 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 ourxrto 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 ouyx-r to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the Village of Lake Park shall not return any
of the unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in Excess of Performance Security
If the Village of Lake Park takes action upon such failure by the applicant or
oumer, the Village of Lake Park may collect from the applicant or ouraerthe
24

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.
xx-405 NOTICE TO 01r1A1'Z-'1eS
(A) Deed Recordation and Indications On Plat
The applicable opemtlons and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every structural BMP shall be referenced on the final plat and shall be
recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement [, conservation easement, or dedication and acceptance into public
maintenance, whichever is applicable] shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, stmawal BMPs shall be posted with a conspicuous
sign stating who is responsible for required maintenance anclannual inspection. The
sign shall be maintained so as to remain visible and legible.
xx-406 RI- CORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The ourrrof each structural BMP shall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Stormwater Administrator.
xx-407 NUISANCE
The ouner of each stormwater BMP, whether smiawal or non-structural BMP, shall maintain it
so as not to create or result in a nuisance condition.
xx-408 MAINTENANCE EASEMENT
Everystnutural 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.
25

SECTION 5: ENFORCEMENT AND VIOLATIONS
xx-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of the Village of Lake
Park. Whenever this section refers to the Stormwater Administrator, it includes his
or her designee as well as any authorized agent of the Village of Lake Park.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other deieIPw7t or ruiewlgvm 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 daythat 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 owxr, any tenant
or occupant, or any other person, who has control over, or responsibility for, the
use or na-tit of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be
limited to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this 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 ourerof 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,
26

who has control over, or responsibility for, the use, &uApnr-& or nrlc zeloprrr of
the property.
xx-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other unprovements constructed or
being constructed on the site and served by the stonnwater 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
Village of Lake Park or its designated agent for review of land development
requests may disapprove, any request for permit or dcuigl m-a approval or
authorization provided for by this ordinance or the (zoning, subdivision, and/or
building regulations, as appropriate) for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the Mayor of
the Village of Lake Park may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of abatement
to correct a violation of this ordinance. Any person violating this ordinance
shall be subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(4) Correction as Public Health Nuisance, Casts 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. 5
160A-193, the StornwaterAdministrator, with the written authorization of the
Mayor of the Village of Lake Park, may cause the violation to be corrected and
the costs to be assessed as a hen against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
27

order maybe 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 maysubject the violator to a civil penalty to be
recovered in a civil action in the nature of a debt if the violator does not pay the
penalty within 30 days after notice of the violation is issued by the Stormwater
Administrator. Civil penalties may be assessed up to the full amount of penalty to
which the Village of Lake Park is subject for violations of its Phase II Stormwater
permit, or if no Phase II Stormwater permit exists for the jurisdiction, civil penalties
may be assessed up to the full amount allowed bylaw.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina law.
xx-503 PROCEDURES
(A) Initiation/Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fullythe 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 ouraeror other person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order the necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and the time within which they must be
paid or be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order personally, by the Union County Sheriff's Department, by certified or
registered mail, return receipt requested, or by any means authorized for the service
of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
28

ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the orrrxr 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 linut as is reasonably necessary to allow timely correction of the violation,
up to, but not exceeding 30 days. The Stormwater Administrator may grant 30-day
extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to cu-cumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator will be subject
to the penalties described in the notice of violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine 9 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.
(P) Emergency Enforcement
If delay in correcting a violation would seriouslythreaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Any person so ordered shall cease any violation urunediately. The
Stormwater Administrator may seek immediate enforcement, With prior_ written
notice, through any remedy or penalty authorized by this article.
29

SECTION 6: DEFINITIONS
xx-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Burls -upon a�ra �SU4
That portion of a detrlapnxm 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.
Dep�nzment
The Noah Carolina Department of Environment and Natural Resources.
Deci�n �Llanual
Tile stormwater design manual approved for use in Phase II jurisdictions by the Depwtnryk
for the proper implementation of the requirements of the federal Phase II stormwater
program. All references herein to the DesignMamual are to the latest published edition or
revision.
Dezelopment
Any land -disturbing activity that increases the amount of built -upon area or that otherwise
decreases the infiltration of precipitation into the soil.
Ditn'fion
The Division of Water Quality in the Depwv7errt.
-lensatyprolec-t
Any project that is not classified as a low -density project. A high -density project may
contain distinct drainage areas discharging from the project that meet the low -density built -
upon area (BUA) threshold and those distinct drainage areas may be developed meeting low -
de ns ity development standards.
La�Xercommonplan ofdezelopmentorsale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Low-densityproject
Any project is low -density project if all distinct drainage areas discharging from the project
have no more than twenty-four percent built -upon area (BUA) for all residential and non-
residential development.
J-year, 1,1-I ourstorm
30

The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, cn average, once in 12 months and with a duration of 24 hOrrrS.
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,
Re, -le ze10A.,aen1
Any &ukprav on previously -developed land, other than a rebuilding activity that results in
no net increase in btc lt•trpon ann and provides equal or greater stormwater control than the
previous &VIOPM7r.
S/elfsh Resorlrre IV-aer~
Class SA waters that contain an average concentration of 500 pans per million of natural
chloride ion. Average concentration is determined by averaging the chloride concentrations
of five water samples taken one-half mile downstream from the project site that are taken on
separate days, within one hour of high tide, and not within 48 hours following a rain event.
11-re chloride ion concentrations are to be determined by a State -certified laboratory.
Stnrctura/BfGIP
A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other char cteristics; to
approximate the pre-deuloprr hydrology on a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
created on real property. "Structural BNT" is synonymous with "stnuctural practice,"
"stormwater control facility," "stormwater control practice," "stormwater treatment
practice," "stormwater management practice," "stOrmwater Control meaSUreS," "StrrCTUral
stormwater treatment systems," and similar terms used in this ordinance.
SGl6S Mg ress
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
ite infrastructure; or obtaining a building permit for the construction and
approval of on-s
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.
31

Appendix_ Sources consulted or from which provisions were drawn for this Model Ordinance
Model Ordinance for Post -Development Stormwater Management for New Development and
Redevelopment (Metropolitan North Georgia Water Management District)
Model Ordinance for Water Supply Watershed (NC Division of Water Quality)
Neuse River Basin Model Stormwater Program for Nitrogen Control
Tar -Pamlico Basin Nutrient -Sensitive Waters Management Strategy
Model Stormwater Ordinance (Center for Watershed Protection, Inc. ["Stormwater Center"])
Model Stormwater Ordinance (US EPA)
Unified Development Ordinance (Hall County, Georgia)
Unified Development Ordinance (Town of Apex, NC)
Land Development Ordinance (Town of Cary, NC)
Watershed Protection Ordinance (Town of Cary, NC)
Stormwater Management Model Ordinance (State of Virginia)
Town Code of Wrightsville Beach, NC
Illicit discharge provisions: Raleigh, NC; Greenville, NC; Franklin, TN
Stormwater Management Ordinance (Wake County, NC)
32

e,
Etc; Storinwatcr consult470/��
Subject: Re: Stormwater consultD 8
From: "Kenneth A. Swain" <[e-mail]>
Date: Tue, 8 Apr 2008 16:10:50 -0400
To: "Bill Diuguid" <[e-mail]>
Thanks again so much for your reply and review Mr. Diuguid. I'll make the typo corrections promptly.
There's a council member that upon review will likely find others that both of us missed. I do have some
questions though and I am going to set them out here. If you do not have time to respond I certainly
understand. You've already taken allot of time. If you can't could you mention someone that I could direct
the questions to. Again, municipal work is not my regular thing and 1 want to make sure that I have as
good an understanding as my small brain will allow. So without further adieu here are my questions
(please only laugh in the confines of your own office if they are overly anal, stupid or otherwise humorous):
1. Section 105 (D) refers to the "Phase II Stormwater Map of the Village of Lake Park, North Carolina."
I don't think (and I'm 90% sure) the Village has such a map. How would they go about creating/acquiring
one? Could some current map be used for such? My understanding is that creating one of these from
scratch depending on detail and content could very well cost in the neighborhood of 50K. The Village will
be hard pressed to come up with those monies I think without a tax increase. What do we do?
2. Who is the "stormwater administrator?" Is that the person or persons that handle the
oversight/enforcement/compliance with the ordinance that we would utilize an interlocal agreement to
obtain such a service? Even if we did so how is that person identified?
3. In section 110 (B) I referred to the appropriate regulatory body within "union county." If we reach
agreement with another governmental agency for oversight/enforcement, etc. would that entity need to be
inserted instead of the county. -
4. Section 110(6)(2) didn't seem to read right to me. Should the word "not" be inserted into that
language after the word "would.".
5. Fees. Should and how would the Village set or impose user fees, etc when they do not have a land
use plan ordinance?
6. Are there any other Phase 11 communities that you are aware of that do not have land use plans,
boards of adjustment, zoning regs, etc.
7. I'm not sure how to deal with the rights to appeal. There is no board of adjustment within the
Village. I currently have the village council as the appeal body. Is that o.k.? I feel uneasy about such.
Your thoughts?
8. If the Village council is the appeal body or if it is the body of the entity contracted with to enforce or
administer the ordinance how does one "file" the appeal decision?
9. Currently I have the Mayor of the Village as the "Chairman of the Board" hearing the appeal. Is that
o.k.? Again, I'm confused about how to handle this.
10. Who should be the body hearing variance requests? Is the Village Council or is it the body
contracted with for enforcement, etc.
11. Can you help me understand Section 502(A)(2)? I don't understand which alternative to insert
"zoning......." or should I just leave it as it reads?
1 or3 4/9/2008 8:13 AM

Re: Stormwater consult
These are my initial questions and hopefully won't go beyond that but I am hopeful you can respond to
these so I can continue to gain understanding of these issues. One of the main issues will be this map
that is in question. If it does require an engineering type of map creation that costs the amount I referred
to the Village will have some decent financial problems.
Thanks again and I really am sorry to keep picking at your brain. I really appreciate your time.
Ken Swain.
----- Original Message -----
From: Bill Diuquid
To: Kenneth A, Swain
Cc: Mike Randall
Sent: Friday, April 04, 2008 9:14 AM
Subject: Re: Stormwater consult
Ken:
have read through the draft Village of Lake Park Phase II post -construction stormwater ordinance and
the draft looks fine.
found a typo in Section 303 -- Development Standards ........ In (A) change 'teat' to 'treat'
Also, in Section 502 (13) Civil Penalties, you can delete most of the last two lines starting with ',or if
no Phase I1 Storrnwater permit exists for the jurisdiction....' Since the Village of Lake Park has a
permit, you don't need that qualifier statement.
Therefore, this draft ordinance with the above changes is approved.
Good job.
Kenneth A. Swain wrote:
Mr. Diuguid:
I was reviewing a -mails last night and saw that you informed you would be out of town both
Wednesday and yesterday. You likely won't get my e-mail requesting talking by phone today until
today. Not much notice for you when you return to the office after being out on other business. I
have to leave for a court appearance later this a.m. and then am taking my daughter to meet former
President Clinton (kind of a once in a lifetime chance for us to meet any of those who have or do
serve in the loftiest post) and will probably not make it back into the office.
Could we try for next week? Let me know what you think and I, again, so much appreciate your
time.
Ken.
William H. Diuguid, AICP
Community Planner, Wetlands and Stormwater Branch
Division of Water Quality
2 of 3 4/9/2008 8:13 AM

R& StormLvatcr consult
Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh North Carolina 27699-1617
Phone: [phone], ex 382
Fax: [phone]
3 of 3 4/9/2008 8:13 AM