LUMBERTON_COMPLETE FILE - HISTORICAL_20110210

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000_
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
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February 4, 2010
NC Department of Environment & Natural Resources
Division of Water Quality
Attn: Coleen 1-1. Sullins, Director
1617 Mail Service Center
Raleigh, NC 27604
Re. NPL) S Phase 11 Storinivater Program
State Designation Process
City of Lumberton, Robeson Count.),
Dear Ms. Sullins,
Q2c�11un[9@
FEB i o zon
MNR- WATER OII&P
WETi.A MAMOMORMYY ONWa
Please accept this correspondence as the City of I.,urnberton's official response to your
January 4, 2011 letter to City Manager T. Wayne Horne regarding the State's consideration of'
including the City of Lumberton in the NPD1S Phase II Municipal Stormwater Program. It is
the City's position that inclusion into tills prograrn would not be desirable at this time for the
following reasons:
1. The City of' Lumberton has operated under a local stormwater management ordinance
(which in most respects is more restrictive than the NCDE�NR model) since 1999.
2. Certain portions ofthe City's corporate limits tall within a Protected Watershed, which
currently triggers the need for a NC State level stormwater permit.
The majority of the City of Lumberton's stormwater discharge points empty into areas
ofthe Lumber River which are classified as Class C Swarnp and are not nutrient
impaired.
The City of Lumberton remains concerned with the continued health ofthe Lumber River
Basin and the need to eliminate pollutants from it, specifically given the river's 1998 designation
as a National Wild and Scenic River. It is the City's opinion that local measures are currently in
place which insure this result and that additional State regulation at this time will only serve to
add unnecessary costs and delays to any commercial development within the City.
PD. Lox 1388 , 1'unz9Etton, cJVoct4 Camoiina7z8359 ' gio--671-3£s3& 1-3E£
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If you have any questions or would like to discuss the City's position further, please do not
hesitate to email me at [e-mail] ci.lumberton.nc.us or give me a call at [phone].
Sincerely.
13randon Love,
I' anning & Neighborhood Services Director
Hoodplain Administrator
Cc: T. Wayne Florne, City manager
Rob Armstrong, PE Public Works Director
Attachment

Chapter 24
STORMWATER SERVICES*
Sec. 24-1. Findings and purpose.
Sec. 24-2. Definitions,
Sec. 24-3. Systems operation.
Sec. 24-4. Exemptions applicable to service charges.
Sec. 24-5. Stormwater service rate schedules.
Sec. 24-6. Bills mailed or delivered.
Sec. 24-7. Deposits, delinquent fees and charges; conditions; notice.
Sec. 24-8. Complaints regarding bill.
Sec. 24-9. Backbilling.
Sec. 24-10. Limitations of responsibility.
See. 24-11. Unlawful to obstruct flow of stormwater runoff:
Sec. 24-12. Severability. nM
FEB I 0 2011
MNR - WATER QUCTf
aSMO SNRMWATER BRANCH
*Cross references --Streets and sidewalks, Ch. 20; water and sewers, Ch. 23; stormwater control structures, § 35-383;
maintenance and upkeep of control structures, § 35-385.
CD24:1

STORMWATER SERVICES § 24-2
Sec. 24-1. Findings and purpose. stormwater account to recover fixed costs such as
billing and accounting for stormwater service
The city council of the City of Lumberton charges and other related expenses.
makes the following findings:
(1) Stormwater poses a serious threat to the
public health, safety, and welfare. This
threat cannot be eliminated entirely. Fac-
tors affecting this threat which are be-
yond the city's control include: frequency
and intensity of precipitation; the topog-
raphy in and around the city; the types of
soils and other geologic structures found
in and around the city; body of law estab-
lished under state and federal authority
concerning water rights generally and in-
cluding but not limited to navigable and
non -navigable waters, surface waters, and
underground waters; unauthorized inter-
ference with the city's stormwater drain-
age system; and the amount of impervi-
ous surfaces associated with a reasonable
level of development.
(2) The management of stormwater can re-
duce this threat through:
a. Constructing, operating and main-
taining needed facilities; and
b. Regulating and controlling the use
and development of land to reduce
the adverse effects of stormwater.
(3) a. In order to provide an effective and
long-term approach to stormwater
management, an adequate funding
source must be identified.
b. Equitable and adequate funding is
provided by a system of charges that
is related to the volume and quality
of stormwater runoff from developed
land.
(Ord. No. 1619, 7-28-97)
Sec. 24-2. Definitions.
As used in this article, unless the context
clearly indicates otherwise, the following defini-
tions apply.
Base rate charge shall mean the fixed portion of
stormwater service charges applied to each
Contributor, large non-residential shall mean a
non-residential, highly impervious facility which
has more than one acre; but less than three acres
of impervious area and has less than one and
one-half times the impervious area in permeable
areas, such as grassed or landscaped areas.
Contributor, major non-residential shall mean
any facility which has three acres or more imper-
vious area, regardless of the amount of permeable
area.
Contributor, medium non-residential shall mean
a non-residential, medium density facility with
less than one acre impervious area and one to one
and one-half times the impervious area in perme-
able areas, such as grassed or landscaped areas.
Contributor, residential shall mean a non-
commercial single-family use facility which has,
on an average, 2,500 square feet of impervious
area associated with the facility and its use. This
facility will also have an average of two and
one-half times the impervious area in permeable
areas, such as grassed or landscaped areas.
Contributor, small non-residential shall mean a
non-residential, low density facility with less than
one-half acre 21,780 square feet impervious area.
These facilities will have less than two and one-
half times but more than one and one-half times
the impervious area in permeable areas, such as
grassed or landscaped areas.
Customer shall mean the person or firm to
which a bill for stormwater service charges is
sent.
Developed land shall mean property altered
from a natural state by construction or installa-
tion of impervious surfaces.
Impervious surfaces shall mean those areas
within developed land which prevent or signifi-
cantly impede the infiltration of stormwater into
the soil. Common impervious surfaces include,
but are not limited to, roof tops, sidewalks, walk-
ways, patio areas, driveways, parking lots, stor-
age areas, brick or concrete pavers, and other
CD24:3

§ 24-2 LUMBERTON CODE
surfaces which prevent or significantly impede against such service charges. No exemption or
the natural infiltration of stormwater into the reduction in stormwater service charges shall be
soil. granted based on the age, tax or economic status,
Manager shall mean the manager of stormwater race, or religion of the customer, or other condi-
services or his designee. tion unrelated to the cost of providing stormwater
services and facilities.
Peak discharge shall mean the amount of dis-
charge from a site during and up to 24 hours
following a storm occurrence with the average
frequency once every ten years.
PWUD shall mean the City of Lumberton pub-
lic works and utility department.
Service rate charge shall mean the portion of
stormwater service charges applicable to a parcel
of developed land which is generally reflective of a
parcel's impact on the cost of providing services
and facilities to properly control stormwater run-
off quantity and quality. The service rate charge
will vary from one parcel of developed land to
another based upon the amount of impervious
surfaces.
Total run-off volume shall mean the total post
development volume of stormwater leaving a site
minus the total pre -development volume of water
leaving a site.
Undeveloped land shall mean land that does
not meet the definition of developed land.
(Ord. No. 1619, 7-28-97)
Sec. 24-3. Systems operation.
Stormwater service charges will be determined
and modified, from time to time, so that the total
revenues generated by said charges may be used
to maintain the system of city drainage systems
including drainage ditches and canals, and to pay
the principal of and interest on the debt incurred
for stormwater purposes and any other such ex-
penses as are reasonably necessary or convenient
in the construction, operation, and maintenance
of the stormwater system.
(Ord. No. 1619, 7-28-97)
The following exemptions shall be allowed
(a) Undeveloped land shall be exempt from
stormwater service rate charges.
(b) Public road rights -of -way which have been
conveyed to and accepted for maintenance
by the State of North Carolina and are
available for use in common by the gen-
eral public for motor vehicle transporta-
tion shall be exempt from stormwater
service charges. This exemption shall not
apply to any other uses of developed land
for public purposes such as, but not lim-
ited to, public street rights -of -way con-
veyed to and accepted for maintenance by
the City of Lumberton; offices; airports;
maintenance yards; water and wastewa-
ter treatment plants, and water reser-
voirs; parking lots or garages; parks; rec-
reation facilities; libraries; schools, colleges,
universities; social service centers; public
housing; hospitals; convalescent centers;
and other developed land used for public
purposes. This exemption shall not apply
to internal site roadways within such pub-
lic facilities. This exemption shall not
apply to private roads or drives, or to
internal roads, drives, and parking areas
in privately owned properties.
(c) Railroad tracks shall be exempt from
stormwater service charges. However, rail-
road stations, maintenance buildings, or
other developed land use for railroad pur-
poses shall not be exempt from stormwater
service charges.
(Ord. No. 1619, 7-28-97)
Sec. 24-5. Stormwater service rate sched-
Sec. 24-4. Exemptions applicable to service ules.
charges.
(a) The monthly charges for city stormwater
Except as provided in this section, no public or services shall be based on the ratio of impervious
private property shall be exempt from stormwater surfaces on a given parcel or lot. The rate sched-
service rate charges or receive a credit or offset ule for city stormwater services shall be in the
CD24:4

STORMWATER SERVICES
amounts written in the adopted annual budget
ordinance. The different types of rates are listed
as follows:
Contributor:
Residential.
Small non-residential.
Medium non-residential.
Large non-residential.
Major non-residential.
(b) The fees listed in the rate schedule for
stormwater services shall be billed and collected
on a monthly basis, beginning on the first day of
the month following the adoption of the ordinance
adopting this chapter.
(Ord. No. 1619, 7-28-97; Ord. No. 1733, 6-28-99)
Sec. 24-6. Bills mailed or delivered.
A stormwater bill will either be sent through
the United States mail or delivered by an alter-
nate method, notifying all customers of the amount
of the bill, the date the payment is due and the
date when past due. Failure to receive a bill is not
justification for nonpayment. The owner of each
parcel of developed land shall be ultimately obli-
gated to pay such fee.
(Ord. No. 1619, 7-28-97)
Sec. 24-7. Deposits, delinquent fees and
charges; conditions; notice.
Any and all deposits, delinquent charges, con-
ditions attached thereto and/or notices shall be as
provided in Chapter 2, Article VI of the Code of
Ordinances and such policies as may be adopted
from time -to -time by the city council.
(Ord. No. 1619, 7-28-97)
Sec. 24-8. Complaints regarding bill.
(a) A customer having a grievance or com-
plaint that a bill is excessive must file written
notice with the PWUD director. If it is determined
that the bill is in error, an adjustment will be
made accordingly.
(b) No adjustment will be made for more than
a one-year period.
(Ord. No. 1619, 7-28-97)
Sec. 24-9. Backbilling.
§ 24-12
If a customer is underbilled or if no bill is sent
for developed land, the city may backbill up to one
year.
(Ord. No. 1619, 7-28-97)
Sec. 24-10. Limitations of responsibility.
(a) The city shall be responsible only for the
portions of the drainage system which are in city
maintained street rights -of -way and permanent
storm drainage easements conveyed to and ac-
cepted by the city. Repairs and improvements to
the drainage system shall be in accordance with
established standards, policies, and schedules.
(b) The city's acquisition of storm drainage
easements and/or the construction or repair by
the city of drainage facilities does not constitute a
warranty against stormwater hazards, including,
but not limited to, flooding, erosion, or standing
water.
(Ord. No. 1619, 7-28-97)
Sec. 24-11. Unlawful to obstruct flow of
stormwater runoff.
It shall be unlawful for any person to place,
cause to be placed or permit to be placed any
obstruction on or within any portion of the city's
stormwater drainage system. For purposes of this
section, "obstruction" shall mean any thing which
by itself or in conjunction with any other thing or
things, impede or tend to impede the flow of
stormwater.
(Ord. No. 1619, 7-28-97)
Sec. 24-12. Severability.
If any section or sections of this chapter is/are
held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force
and remain in effect.
(Ord. No. 1619, 7-28-97)
CD24:5

LAND USE
(f) If a use or class of use is not specifically
indicated as being allowed in a watershed protec-
tion overlay district, such use or class of use is
prohibited.
(g) Roads constructed in critical areas and
watershed buffer areas. Where possible, roads
should be located outside of critical areas and
watershed buffer areas. Roads constructed within
these areas shall be designed and constructed so
to minimize their impact on water quality.
(h) Stormwater runoff from all developments
shall be transported by vegetated conveyances
(such as swales, ditches, streams) to the maxi-
mum extent practicable.
(Ord. No. 1715, 2-22-99)
Sec. 35-173. Existing development.
Any existing development as defined in section
35-15, may be continued and maintained subject
to the provisions provided in Article VIII. Expan-
sions to existing development must meet the
requirements of Article VIII, however, the built -
upon area of the existing development is not
required to be included in the density calcula-
tions.
(a) Reconstruction of buildings or built -upon
areas. Any existing building or built -upon
area not in conformance with the restric-
tions of this article that has been dam-
aged or removed may be repaired and/or
reconstructed, except that there are no
restrictions on single-family residential
development, provided:
(1) Repair or reconstruction is initiated
within 12 months and completed
within two years of such damage.
(2) The total amount of space devoted to
built -upon area may not be increased
unless stormwater control that equals
or exceeds the previous development
is provided.
(Ord. No. 1715, 2-22-99)
Sec. 35-174. Engineered Stormwater control
structures.
(a) All engineered stormwater control struc-
tures shall be designed by either a North Carolina
registered professional engineer or landscape ar-
§ 35-174
chitect, to the extent that the General Statutes,
Chapter 89A, allow. Other stormwater systems
shall be designed by a North Carolina registered
professional with qualifications appropriate for
the type of system required; these registered
professionals are defined as professional engi-
neers, landscape architects, to the extent that the
General Statutes, Chapter 89A, allow and land
surveyors to the extent that the design represents
incidental drainage within a subdivision, as pro-
vided in G.S. 89(C)-3(7).
(b) All Stormwater controls shall use approved
stormwater management devices as primary treat-
ment systems. Such devices shall be designed for
specific pollutant removal according to modeling
techniques approved by the North Carolina Divi-
sion of Environmental Management. Such de-
vices shall be:
(1) Stormwater management devices shall be
designed to remove 85 percent of total
suspended solids and to control runoff
from a one -inch rainfall from the site
above the stormwater management de-
vice;
(2) All detention and retention facilities that
have a maximum storage volume less
than one acre-foot shall be designed to
safely pass the peak discharge from the
ten-year, one -hour duration rainfall event
with one foot of freeboard.
(3) All detention and retention facilities that
have a maximum storage volume greater
than or equal to one acre-foot shall be
designed to safely pass the peak dis-
charge from the 100-year, 24-hour dura-
tion rainfall event without causing dam-
age or flooding to adjacent properties.
(c) If a wet detention pond is used as the
stormwater control device, a description of the
area containing the stormwater control structure
shall be prepared and filed consistent with section
35-170, as a separate deed, with the Robeson
County Register of Deeds along with any ease-
ment necessary for general access to the wet
detention pond. The deeded area shall include the
detention pond, vegetative filters, all pipes and
CD35:85

§ 35-174
LUMBERTON CODE
water control structures, berms, dikes, etc., and
sufficient area to perform inspections, mainte-
nance, repairs and reconstruction.
(d) Qualifying areas of the stormwater control
structure may be considered pervious when com-
puting total built -upon area. However, if the struc-
ture is used to compute the percentage built -upon
area for one site, it shall not be used to compute
the built -upon area for any other site or area.
(Ord. No. 1715, 2-22-99)
Sec. 35-175. Posting of financial security re-
quired.
(a) All new stormwater control structures and
devices shall be conditioned on the posting of
adequate financial assurance for the purpose of
maintenance, repairs or reconstruction necessary
for adequate performance of the stormwater con-
trol structures.
(b) Financial assurances shall be in the form of
the following:
(1) Security performance bond or other secu-
rity. The permit applicant shall obtain
either a performance bond from a surety
bonding company authorized to do busi-
ness in North Carolina, an irrevocable
letter of credit or other instrument readily
convertible into cash at face value pay-
able to city or placed in escrow with a
financial institution designated as an of-
ficial depository of the city. The bond or
other instrument shall be in an amount
equal to one and one -quarter times the
total cost of the stormwater control struc-
ture, as estimated by the applicant and
approved by the city council. The total
cost of the stormwater control structures
and devices shall include the value of all
materials such as piping and other struc-
tures; seedings and soil stabilization; de-
sign and engineering; and grading, exca-
vation, fill, etc. The costs shall not be
prorated as part of a larger project, but
rather under the assumption of an inde-
pendent mobilization.
(2) Cash or equivalent security deposited af-
ter the release of the performance bond.
Consistent with subsection 35-175(b)(1),
the permit applicant shall deposit with
the city either cash or other instrument
approved by the city council that is readily
convertible into cash at face value. The
cash or security shall be in an amount
equal to 15 percent of the total cost of the
stormwater control structure or the esti-
mated cost of maintaining the stormwater
control structure over a ten-year period,
whichever is greater. The estimated cost
of maintaining the stormwater control
structure shall be consistent with the
approved operation and maintenance plan
or manual provided by the developer un-
der subsection 35-176(a). The amount shall
be computed by estimating the mainte-
nance cost for 25 years and multiplying
this amount by two -fifths or 0.4.
(c) Consistent with section 35-176, the permit
applicant shall enter into a binding operation and
maintenance agreement between the city and all
interests in the development. Said agreement
shall require the owning entity to maintain, re-
pair and, if necessary, reconstruct the stormwater
control structure and/or device in accordance with
the operation and maintenance plan or manual
provided by the developer. The city manager is
hereby authorized to execute the operation and
maintenance agreement in behalf of the city. The
operation and maintenance agreement shall be
filed with the Robeson County Register of Deeds
by the director of planning and inspections.
(d) Default under the performance bond or
other security. Upon default of the permit appli-
cant to complete and/or maintain the stormwater
control structure as enumerated in the perfor-
mance bond or other security, the city may obtain
and use all or any portion of the funds necessary
to complete the improvements based on an engi-
neering estimate. The city shall return any funds
not spent in completing the improvements to the
owning entity.
(e) Default under the cash security. Upon de-
fault the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control struc-
ture in accordance with the operation and main-
tenance agreement, the city shall obtain and use
all or any portion of the cash security to make
CD35:86

LAND USE
necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be
made after exhausting all other reasonable rem-
edies seeking the owning entity to comply with
the terms and conditions of the operation and
maintenance agreement. The city shall not return
any of the deposited cash funds.
(Ord. No. 1715, 2-22-99)
Sec. 35-176. Maintenance and upkeep.
(a) An operation and maintenance plan or man-
ual shall be provided by the developer for each
stormwater control structure, indicating what op-
eration and maintenance actions are needed, what
specific quantitative criteria will be used for de-
termining when those actions are to be taken and,
consistent with the operation and maintenance
agreement, who is responsible for those actions.
The plan shall clearly indicate the steps that will
be taken for restoring a stormwater control struc-
ture to design specifications if a failure occurs.
(b) Landscaping and grounds management shall
be the responsibility of the owning entity. How-
ever, vegetation shall not be established or al-
lowed to mature to the extent that the integrity of
the control structure is diminished or threatened,
or to the extent of interfering with any easement
or access to the stormwater control structure.
(c) With the exception of general landscaping
and grounds management, the owning entity shall
notify the director of planning and inspections
prior to any repair or reconstruction of the
stormwater control structure or device. All im-
provements shall be made consistent with the
approved plans and specifications of the stormwater
control structure and the operation and mainte-
nance plan or manual. The director of planning
and inspections shall inspect the improvements
during construction and shall inform the owning
entity of any required additions, changes or mod-
ifications and of the time period to complete said
improvements. It shall be the responsibility of the
owning entity to request inspection of any im-
provements pursuant to a schedule established by
the director of planning and inspections. The
director of planning and inspections may consult
§ 35-177
with an engineer or landscape architect (to the
extent that the General Statutes, Chapter 89A,
allow) designated by the city council.
(d) Amendments to the plans and specifica-
tions of the stormwater control structure and/or
the operation and maintenance plan or manual
shall be approved by the city council. Proposed
changes shall be prepared by a North Carolina
registered professional engineer or landscape ar-
chitect (to the extent that the General Statutes,
Chapter 89A, allow) and submitted to and re-
viewed by the director of planning and inspec-
tions prior to consideration by the city council.
(1) If the city council approves the proposed
changes, the owning entity of the
stormwater control structure shall file
sealed copies of the revisions with the
director of planning and inspections.
(2) If the city council disapproves the changes,
the proposal may be reviewed and resub-
mitted to the city council as a new pro-
posal. If the proposal has not been revised
and is essentially the same as that al-
ready reviewed, it shall be returned to the
applicant.
(e) If the city council finds that the operation
and maintenance plan or manual is inadequate
for any reason, the city council shall notify the
owning entity of any required changes and shall
prepare and file copies of the revised agreement
with the Robeson County Register of Deeds, the
director of planning and inspections and the own-
ing entity.
(Ord. No. 1715, 2-22-99)
Sec. 35-177. Inspections and release of the
performance bond.
(a) The stormwater control structure shall be
periodically inspected by the director of planning
and inspections during construction. Upon final
inspection, the owning entity shall provide:
(1) The signed deed, related easements and
survey plat for the stormwater control
structure ready for filing with the Robeson
County Register of Deeds;
(2) A certification sealed by an engineer or
landscape architect (to the extent that the
CD35:87

§ 35-177
LUMBERTON CODE
General Statutes, Chapter 89A, allow)
stating that the stormwater control struc-
ture is complete and consistent with the
approved plans and specifications.
(b) The director of planning and inspections
shall present the materials submitted by the
developer and the inspection report and recom-
mendations to the city council at its next regu-
larly scheduled meeting.
(1) If the city council approves the inspection
report and accepts the certification, deed
and easements, the city council shall file
the deed and easements with the Robeson
County Register of Deeds. The city council
may release a maximum of 75 percent of
the value of the performance bond or
other security and issue a certificate of
occupancy.
(2) If deficiencies are found, the city council
shall direct that improvements and inspec-
tions be made and/or documents corrected
and resubmitted to the city council.
(c) No sooner than one year after the filing
date of the deed, easements and maintenance
agreement, the developer may petition the city
council to release the remaining value of the
performance bond or other security. Upon receipt
of said petition, the director of planning and
inspections shall inspect the stormwater control
structure to determine whether the controls are
performing as designed and intended. The direc-
tor of planning and inspections shall present the
petition, inspection report and recommendations
to the city council.
(1) If the city council approves the report and
accepts the petition, the developer shall
deposit with the city council a cash amount
equal to that described in subsection 35-
175(b)(2) after which, the city council shall
release the performance bond or other
security.
(2) If the city council does not accept the
report and rejects the petition, the city
council shall provide the developer with
instructions to correct any deficiencies
and all steps necessary for the release of
the performance bond or other security.
(d) No certificate of occupancy shall be issued
for any building within the permitted develop-
ment until the city council has approved the
stormwater control structure, as provided in sec-
tions 35-169(b) and 35-174.
(e) All stormwater control structures shall be
inspected at least annually to determine whether
the controls are performing as designed and in-
tended. Records of inspection shall be maintained
on forms approved or supplied by the North
Carolina Division of Environmental Manage-
ment. Annual inspections shall begin within one
year of filing date of the deed for the stormwater
control structure.
(f) In Lhe event the director of planning and
inspections discovers the need for corrective ac-
tion or improvements, the director of planning
and inspections shall notify the owning entity of
the needed improvements and the date by which
the corrective action is to be completed. All im-
provements shall be made consistent with the
plans and specifications of the stormwater control
structure and the operation and maintenance
plan or manual. After notification by the owning
entity, the director of planning and inspections
shall inspect and approve the completed improve-
ments. The director of planning and inspections
may consult with an engineer or landscape archi-
tect (to the extent that the General Statutes,
Chapter 89A, allow) designated by the city coun-
cil.
(g) Appeals of any order, requirement, decision
or determination made by the director of planning
and inspections may be made to and decided by
the city council.
(Ord. No. 1715, 2-22-99)
Sec. 35-178. Organized shelters.
(a) An organized shelter Type A shall meet all
of the following standards:
CD35:88
(1) The shelter may not operate kitchen facil-
ities for the preparation of meals, but
light snacks and hot beverages may be
served.
(2) The shelter shall provide 54 square feet of
sleeping space per person.

LAND USE
the regulatory flood protection elevation
as defined for the special flood hazard
areas where no BFE has been estab-
lished. Certification is required as per
sut�sectitrn 35-265(c) and subsection 35-
269.1(2).
(Ord. No. 2021, Art. 5, § G, 2-14-05)
DIVISION 5. LEGAL STATUS PROVISIONS
Sec. 35-269.6. Effect on rights and liabilities
under the existing flood dam-
age prevention ordinance.
This article in part comes forward by re-
enactment of some of the provisions of the Flood
Damage Prevention Ordinance of June 3, 1985 as
amended, and it is not the intention to repeal but
rather to re-enact and continue to enforce without
interruption of such existing provisions, so that
all rights and liabilities that have accrued there-
under are reserved and may be enforced. The
enactment of this article shall not affect any
action, suit or proceeding instituted or pending.
All provisions of the flood damage prevention
article of the City of Lumberton enacted on June
3, 1.985, as amended, which are not reenacted
herein are repealed.
(Ord. No. 2021, Art. 6, § A, 2-14-05)
See. 35-269.7. Effect upon outstanding build-
ing permits.
Nothing herein contained shall require any
change in the plans, construction, size or desig-
nated use of any development or any part thereof
for which a floodplain development permit has
been granted by the floodplain administrator or
his or her authorized agents before the time of
passage of this article; provided, however, that
when construction is not begun under such out-
standing permit within a period of' six months
subsequent to passage of this article or any revi-
sion thereto, construction or use shall be in con-
formity with the provisions of this article.
(Ord. No. 2021, Art. 6, § B, 2-1.4-05)
Sec. 35-269.8. Effective date.
This article shall become effective upon adop-
tion jFeb. 14, 20051.
(Ord. No. 2021, Art. 6, § C, 2-14-05)
Secs. 35-269.8-35-269.30. Reserved.
§ 35-269.;32
DIVISION 6. DRAINAGE, EROSION
CONTROL, STORMWATER MANAGEMENT*
Sec. 35-269.31. Natural drainage system uti-
lized to extent feasible.
(a) To the extent practicable, all development
shall conform to the natural contours of the land
and natural and pre-existing man --made drainage
ways shall remain undisturbed.
(b) To the extent practicable, lot boundaries
shall be made to coincide with natural and pre-
existing man-made drainage ways within subdi-
visions to avoid the creation of lots that can be
built upon only by altering such drainage ways.
(Ord. No. 2126, 10-13-08)
Sec. 35-269.32. Developments must drain
properly.
(a) All developments shall be provided with a
drainage system that is adequate to prevent the
undue retention of surface water on the develop-
ment site. Surface water shall not be regarded as
unduly retained if:
(1) The retention results from a technique,
practice or device deliberately installed as
part of an approved sedimentation or storm
water runoff control plan; or
(2) The retention is not substantially differ-
ent in location or degree than that expe-
rienced by the development site in its
pre -development stage, unless such reten-
tion presents a danger to health or safety.
(b) No surface water may be channeled or
directed into a sanitary sewer.
(c) Whenever practicable, the drainage system
of a development shall coordinate with and con-
nect to the drainage systems or drainage ways on
surrounding properties or streets.
*Editor's note —Ord. No. 2126, adopted Oct. 13, 2008,
repcakvi former Div. 6, §§ `r35-269.31-35-269.134, in its en-
tirety to read as herein set out. Former Div. 6 pertaincd to
similar subject matter and derive(i from Ord. No. 1601,
1-27-97; Ord. No. 1714, 2-22-99.
Srrpp. No. 1 CD35:127

35-269.32
LUM11KRTON CODE
(d) Use of drainage swales rather than curb
and gutter and storm sewers in subdivisions is
provided fbr in Section 35-216. Private roads and
access ways within unsubdivided developments
shall utilize curb and gutter and storm drains to
provide adequate drainage if the grade of such
roads or access ways is too steep to provide
drainage in another manner or if other sufficient
reasons exist to require such construction.
(e) Construction specifications for drainage
swales, curbs and gutters, and storm drains shall
comply with the city's construction specifications -
(Ord. No. 2040, 6-27-05)
Sec. 35-269.33. Storm water management.
(a) All developments shall be constructed and.
maintained so that adjacent properties are not
unreasonably burdened with surface waters as a
result of such developments. More specifically:
(1) No development may be constructed or
maintained so that such development un-
reasonably impedes the natural flow of
water from higher adjacent properties
across such development, thereby unrea-
sonably causing substantial damage to
such higher adjacent properties; and
(2) No development may be constructed. or
maintained so that surface waters from
such development are unreasonably col-
lected and channeled onto lower adjacent
properties at such locations or at such
volumes as to cause substantial damage
to such lower adjacent properties.
(b) Without limiting the generality of subsec-
tion (a) any development covering 5,000 or more
square feet of land with an impervious surface
shall be required to install a system of storage
and controlled release of storm water such that,
after development of the site, the calculated peak
rate of storm water runoff resulting from a ten-
year frequency storm having a duration of one
hour shall be no greater than that which would
result from a ten-year frequency storm having_ a
duration of one hour on the same site prior to
development.
(Ord. No. 2040, 6-27-05)
Sec. 35-269.34. Sedimentation and erosion
control.
(a) No zoning, special use, or conditional use
permit may be issued and final plat approval for
subdivisions may not be given with respect to any
development that would cause land disturbing
activity subject to the jurisdiction of the North
Carolina Sedimentation Control Commission, on
a tract of more than one acre if more than one
contiguous acre is to be uncovered, unless the NC.
Department of Natural Resources and Commu-
nity Development (DNRCD) has certified to the
city, either that:
(1) An erosion control plan has been submit-
ted to and approved by DNRCD in accor-
dance with the N.C. Sedimentation Con-
trol Act and implementing regulations; or
(2) DNRCD has examined the preliminary
plans for the development and it reason-
ably appears that an erosion control plan
can be approved upon submission by the
developer of more detailed construction or
design drawings. However, in this case,
construction of the development may not
begin (and no building permits may be
issued) until DNRCD approves the ero-
sion control plan.
(b) For purposes of this section, "land disturb-
ing activity" means any use of the land by any
person in residential, industrial, educational, in-
stitutional or commercial. development, highway
and road construction and maintenance that re-
sults in a change in the natural cover or topogra-
phy and that may cause or contribute to sedimen-
tation. Sedimentation occurs whenever solid
particulate matter, mineral or organic, is trans-
ported by water, air, gravity, or ice from the site of
its origin.
(Ord. No. 2040, 6-27-05)
5upp. No. ]- CD35:128

LAND USE § 35-350
Sec. 35-345. Termination. the change in state or federal law has a
fundamental effect on the plan, by ordi-
A zoning right that has been vested as provided nance after notice and a hearing.
in this article shall terminate: (Ord. No. 1310, 10-14-91)
(1) At the end of the applicable vesting period
with respect to buildings and uses for
which no valid building permit applica-
tions have been filed;
(2) With the written consent of the affected
landowner;
(3) Upon findings by the city council, by or-
dinance after notice and a public hearing,
that natural or manmade hazards on or in
the immediate vicinity of the property, if
uncorrected, would pose a serious threat
to the public health, safety, and welfare if
the project were to proceed as contem-
plated in the site -specific development
plan;
(4) Upon payment of the affected landowner
of compensation for all costs, expenses,
and other losses incurred by the land-
owner, including, but not limited to, all
fees paid in consideration of financing,
and all architectural, planning, market-
ing, legal, and other consultant's fees in-
curred after approval by the city, together
with interest thereon at the legal rate
until paid. Compensation shall not in-
clude any diminution in the value of the
property which is caused by such action;
(5) Upon findings by the city council, by or-
dinance after notice and a hearing, that
the landowner or his representative inten-
tionally supplied inaccurate information
or made material misrepresentations which
made a difference in the approval by city
council of the site -specific development
plan; or
(6) Upon the enactment or promulgation of a
state or federal law or regulation that
precludes development as contemplated
in the site -specific development plan, in
which case city council may modify the
affected provisions, upon a finding that
Sec. 35-346. Voluntary annexation.
A petition for annexation filed with the city
under G.S. 160A-31 or G.S. 160A-58.1 shall con-
tain a signed statement declaring whether or not
any zoning vested right with respect to the prop-
erties subject to the petition has been established
under G.S. 160A-385.1 or G.S. 153A-344.1. A
statement that declares that no zoning vested
right has been established under G.S. 160A-385.1
or G.S. 153.A-344.1, or the failure to sign a
statement declaring whether or not a zoning
vested right has been established, shall be bind-
ing on the landowner and any such zoning vested
right shall be terminated.
(Ord. No. 1310, 10-14-91)
Sec. 35-347. Limitations.
Nothing in this article is intended or shall be
deemed to create any vested right other than
those established pursuant to G.S. 160A-385.1.
(Ord. No. 1310, 10-14-91)
Secs. 35-348, 35-349. Reserved.
ARTICLE =11. WATERSHED
PROTECTION
DIVISION 1. GENERAL PROVISIONS
See. 35-350. Purpose.
The purpose of this article is to implement the
provisions of Article 21 of Chapter 143 of the
North Carolina General Statutes, which dele-
gates the responsibility to local government to
adopt a set of minimum criteria designed to
minimize the impact of land use practices on
surface waters used as a source for raw drinking
water.
(Ord. No. 1397, 6-28-93)
CD35:153

§ 35-351
Sec. 35-351. Definitions.
LUMBERTON CODE
Unless otherwise specifically provided, or un-
less clearly required by the context, the words and
phrases defined in this section shall have the
meaning indicated, when used in this article:
Agricultural use. The use of waters for stock
watering, irrigation, and other farm purposes.
Animal unit. A unit of measurement developed
by the U.S. Environmental Protection Agency
that is used to compare different types of animal
operations.
Best management practices (BMP). A struc-
tural or nonstructural management -based prac-
tice used singularly or in combination to reduce
nonpoint source inputs to receiving waters in
order to achieve water quality protection goals.
Buffer. An area of natural or planted vegetation
through which stormwater runoff flows in a dif-
fuse manner so that the runoff does not become
channelized and which provides for infiltration of
the runoff and filtering of pollutants. The buffer is
measured landward from the normal pool eleva-
tion of impounded structures and from the bank
of each side of streams or rivers.
Built -upon area. An area that consists of that
portion of a development project that is covered
by impervious or partially impervious cover in-
cluding buildings, pavement, gravel roads, recre-
ation facilities (e.g., tennis courts), etc. (Wooden
slatted decks and the water area of a swimming
pool are considered pervious.)
Cluster development. The grouping of buildings
in order to conserve land resources and provide
for innovation in the design of the project. This
term includes nonresidential development as well
as single-family residential subdivisions and mul-
tifamily developments that do not involve the
subdivision of land.
Composting facility. A facility in which only
stumps, limbs, leaves, grass and untreated wood
collected from land clearing or landscaping oper-
ations is deposited.
Critical area. The area adjacent to a water
supply intake or reservoir where risk associated
with pollution is greater than from the remaining
portions of the watershed. The critical area is
defined as extending one-half mile upstream from,
and draining to, the intake located directly in the
river.
Development. Any land disturbing activity which
adds to or changes the amount of impervious or
partially impervious cover on a land area or
which otherwise decreases the infiltration of pre-
cipitation into the soil.
Discharging landfill. A facility with liners,
monitoring equipment and other measures to
detect and/or prevent leachate from entering the
environment and in which the leachate is treated
on site and discharged to a receiving stream.
Existing development. Those projects that are
built or those projects that at a minimum have
established a vested right under North Carolina
law as of the effective date of this article based on
at least one of the following criteria:
(1) Having expended substantial resources
(time, labor, money) based on a good faith
reliance upon having received a valid lo-
cal government approval to proceed with
the project, or
(2) Having an outstanding valid building per-
mit which has not expired in accordance
with the provisions of G.S. 160A-418 or
which has not been revoked in accordance
with the provisions of G.S. 160A-422, or
(3) Having expended substantial resources
(time, labor, money) and having an ap-
proved site specific or phased develop-
ment plan as authorized by Article )OUL
Existing lot (lot of record). A lot which is part of
a subdivision, a plat of which has been recorded in
the office of the register of deeds prior to the
adoption of this article, or a lot described by metes
and bounds, the description of which has been so
recorded prior to the adoption of this article.
Hazardous material. Any substance listed as
such in: SARA Section 302, Extremely Hazardous
Substances, CERCLA Hazardous Substances, or
Section 311 of CWA (oil and hazardous sub-
stances).
Industrial development. Any nonresidential de-
velopment that requires an NPDES permit for an
CD35:154

LAND USE
industrial discharge and/or requires the use or
storage of any hazardous material for the purpose
of manufacturing, assembling, finishing, cleaning
or developing any product or commodity,
Landfill. A facility for the disposal of solid
waste on land in a sanitary manner in accordance
with Article 9 of Chapter 130A of the N.C. General
Statutes. For the purpose of this article this term
does not include composting facilities.
Major variance. A variance that results in any
one or more of the following:
(1) The complete waiver of a management
requirement;
(2) The relaxation, by a factor of more than
ten percent, of any management require-
ment that takes the form of a numerical
standard;
(3) The relaxation of any management re-
quirement that applies to a development
proposal intended to qualify under the
high density option.
Minor variance. A variance that does not qual-
ify as a major variance.
Nonresidential development. All development
other than residential development, agriculture
and silviculture.
Plat. A map or plan or a parcel of land which is
to be, or has been subdivided.
Protected area. The area adjoining and up-
stream of the critical area. The boundary of the
protected area extends ten miles upstream and,
draining to, the intake located directly on the
river. For purposes of this article, the boundary of
the protected area extends only to the boundary of
the City of Lumberton or its extraterritorial juris-
diction.
Residential development. Those projects which
consist of buildings for residence such as attached
and detached single-family dwellings, apartment
complexes, condominiums, townhouses, cottages,
etc. and their associated outbuildings such as
garages, storage buildings, gazebos, etc., and cus-
tomary home occupations.
§ 35-352
Street (road). A right-of-way for vehicular traf-
fic which affords the principal means of access to
abutting properties.
Toxic substance. Any substance or combination
of substances (including disease causing agents),
which after discharge and upon exposure, inges-
tion, inhalation, or assimilation into any organ-
ism, either directly from the environment or indi-
rectly by ingestion through food chains, has the
potential to cause death, disease, behavioral ab-
normalities, cancer, genetic mutations, physiolog-
ical malfunctions (including malfunctions or sup-
pression in reproduction or growth) or physical
deformities in such organisms or their off spring
or other adverse health effects.
Variance. A permission to develop or use prop-
erty granted by the board of adjustment relaxing
or waiving a water supply watershed manage-
ment requirement adopted by the environmental
management commission that is incorporated into
this article.
Water dependent structure. Any structure for
which the use requires access to or proximity to or
citing within surface waters to fulfill its basic
purpose, such as boat ramps, boat houses, docks
and bulkheads. Ancillary facilities such as restau-
rants, outlets for boat supplies, parking lots and
commercial boat storage areas are not water
dependent structures.
Watershed. The entire land area contributing
surface drainage to a specific point (e.g., the water
supply intake).
Watershed administrator. An official or desig-
nated person of the city responsible for adminis-
tration and enforcement of this article.
(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 1,
1-24-94)
Sec. 35-352. Jurisdiction.
The provisions of this article shall apply within
the areas designated as a Public Water Supply
Watershed by the N.C. Environmental Manage-
ment Commission and shall be defined and estab-
lished on the map entitled, "Watershed Protection
Map of Lumberton, North Carolina" ("the water-
shed map"), which is adopted simultaneously here-
with. The watershed map and all explanatory
CD35:155

§ 35-352
LUMBERTON CODE
matter contained thereon accompanies and is
hereby made a part of this article. This article
shall be permanently kept on file in the office of
the city clerk and the department of planning and
inspections.
(Ord. No. 1397, 6-28-93)
Sec. 35-353. Exceptions to applicability.
(a) Nothing contained herein shall repeal, mod-
ify, or amend any federal or state law or regula-
tion, or any ordinance or regulation pertaining
thereto except any ordinance which these regula-
tions specifically replace; nor shall any provisions
of this article amend, modify or restrict any
provisions of the Code of the City of Lumberton,
North Carolina; however, the adoption of this
article shall and does amend any and all ordi-
nances, resolutions, and regulations in effect in
the City of Lumberton at the time of the adoption
of this article that may be construed to impair or
reduce the effectiveness of this article or to con-
flict with any of its provisions.
(b) It is not intended that these regulations
interfere with any easement, covenants or other
agreements between parties. However, if the pro-
visions of these regulations impose greater restric-
tions or higher standards for the use of a building
or land, then the provisions of these regulations
shall control.
(c) Existing development, as defined in this
article, is not subject to the requirements of this
article. Expansions to existing development must
meet the requirements of this article; however,
the built -upon area of the existing development is
not required to be included in the density calcu-
lations.
(d) A pre-existing lot owned by an individual
prior to the effective date of this article, regard-
less of whether or not a vested right has been
established, may be developed for single-family
residential purposes without being subject to the
restrictions of this article. However, this exemp-
tion is not applicable to multiple contiguous lots
under single ownership.
(Ord. No. 1397, 6-28-93)
Sec. 35-354. Criminal penalties.
Any person violating any provisions of this
article shall be guilty of a misdemeanor and, upon
conviction, shall be punished in accordance with
NCGS 14-4. The maximum fine for each offense
shall not exceed $500.00. Each day that the
violation continues shall constitute a separate
offense.
(Ord. No. 1397, 6-28-93)
Sec. 35-355. Remedies.
(a) If any subdivision, development and/or land
use is found to be in violation of this article, the
watershed administrator may, in addition to all
other remedies available either in law or in eq-
uity, institute a civil penalty in the amount of
$50.00, action or proceedings to restrain, correct,
or abate the violation; to prevent occupancy of the
building, structure, or land; or to prevent any
illegal act, conduct, business, or use in or about
the premises. In addition, the N.C. Environmen-
tal Management Commission may assess civil
penalties in accordance with G.S. 143-215.6(a).
Each day that the violation continues shall con-
stitute a separate offense.
(b) If the watershed administrator finds that
any of the provisions of this article are being
violated, he shall notify in writing the person
responsible for such violation, indicating the na-
ture of the violation, and ordering the action
necessary to correct it. He shall order discontinu-
ance of the illegal use of land, buildings or struc-
tures; removal of illegal buildings or structures,
or of additions, alterations or structural changes
thereto; discontinuance of any illegal work being
done; or shall take any action authorized by this
article to ensure compliance with or to prevent
violation of its provisions. A ruling of the water-
shed administrator may be appealed by the ag-
grieved party or parties to the board of adjust-
ment.
(Ord. No. 1397, 6-28-93)
Sec. 35-356. Effective date.
This article shall take effect and be in force on
July 1, 1993.
(Ord. No. 1397, 6-28-93)
CD35:156

LAND USE
DIVISION 2. SUBDIVISION REGULATIONS
Sec. 35-357. General provisions.
(a) No subdivision plat of land within the pub-
lic water supply watershed shall be filed or re-
corded by the register of deeds until it has been
approved in accordance with the provisions of this
article. Likewise, the clerk of superior court shall
not order or direct the recording of a plat if the
recording of such plat would be in conflict with
this article.
(b) The approval of a plat does not constitute
or effect the acceptance by the city or the public of
the dedication of any street or other ground,
easement, right-of-way, public utility line, or other
public facility shown on the plat and shall not be
construed to do so.
(c) All subdivisions shall conform with the
mapping requirements contained in G.S. 47-30.
(d) All subdivisions of land within the jurisdic-
tion of the city after the effective date of this
article shall require a plat to be prepared, ap-
proved, and recorded pursuant to this article.
(Ord. No. 1397, 6-28-93)
Sec. 35-358. Subdivision application and re-
view procedures.
(a) All proposed subdivisions shall be reviewed
prior to recording with the register of deeds by
submitting a vicinity map to the watershed ad-
ministrator to determine whether or not the prop-
erty is located within the designated public water
supply watershed. Subdivisions that are not within
the designated watershed area shall not be sub-
ject to the provisions of this article and may be
recorded provided the watershed administrator
initials the vicinity map. In addition, subdivisions
within a WS-IV watershed are subject to the
provisions of this article only when an erosion and
sedimentation plan is required under the provi-
sions of state law, or approved local program.
Subdivisions within the designated watershed
area shall comply with the provisions of this
article and all other state and local requirements
that may apply.
§ 35-358
(b) Subdivision applications shall be filed with
the watershed administrator. The application shall
include a completed application form, four copies
of the plat and supporting documentation deemed
necessary by the watershed administrator.
(c) The watershed administrator shall review
the completed application and submit recommen-
dations to the watershed review board for further
review and final action. The watershed review
board shall either approve, approve conditionally
or disapprove each application by a majority vote
of the members present and voting. First consid-
eration of the application shall be at the next
regularly scheduled meeting of the board after
the application is submitted. The board shall take
final action within 65 days of its first consider-
ation. The watershed administrator or the board
may provide public agencies an opportunity to
review and make recommendations. However, fail-
ure of the agencies to submit their comments and
recommendations shall not delay the board's ac-
tion within the prescribed time limit. Said public
agencies may include, but are not limited to, the
following:
(1) The district highway engineer with re-
gard to proposed streets and highways.
(2) The director of the health department
with regard to proposed private water
system or sewer systems normally ap-
proved by the health department.
(3) The state division of environmental man-
agement with regard to proposed sewer
systems normally approved by the divi-
sion, engineered stormwater controls or
stormwater management in general.
(4) Any other agency or official designated by
the Watershed Administrator or water-
shed review board.
(d) If the watershed review board approves the
application, such approval shall be indicated on
the original plat by the following certificate and
signed by the Watershed administrator:
CD35:157
Certificate of Approval for Recording
I certify that the plat shown hereon complies
with the Watershed Protection Ordinance and
is approved by the watershed review board for

§ 35-358
recording in the register of deeds office.
Date Watershed Administrator
LUMBERTON CODE
Notice: this property is located within a public
water supply watershed —Development restric-
tions may apply.
(e) If the watershed review board disapproves
or approves conditionally the application, the
reasons for such action shall he stated in writing
for the applicant and entered in the minutes. The
subdivider may make changes and submit a re-
vised plan which shall constitute a separate re-
quest for the purpose of review.
(f) All subdivision plats shall comply with the
requirements for recording of the Robeson County
register of Deeds.
(g) The watershed administrator shall record
the subdivision plat with the Register of Deeds
within 30 days of its being approved.
(Ord. No. 1397, 6-28-93)
Sec. 35-359. Subdivision standards and re-
quired improvements.
(a) All lots shall provide adequate building
space in accordance with the development stan-
dards contained in Division 3. Lots which are
smaller than the minimum required for residen-
tial lots shall be identified on the plat as "NOT
FOR RESIDENTIAL PURPOSES."
(b) For the purpose of calculating built -upon
area, total project area shall include total acreage
in the tract on which the project is to be devel-
oped.
(c) Stormwater drainage facilities. The appli-
cation shall be accompanied by a description of
the proposed method of providing stormwater
drainage. The subdivider shall provide a drainage
system that diverts stormwater runoff away from
surface waters and incorporates best manage-
ment practices to minimize water quality im-
pacts.
(d) Erosion and sedimentation control, The
application shall be accompanied by a written
statement that a sedimentation and erosion con-
trol plan has been submitted to and approved by
the N.C. Division of Land Quality.
(e) Roads constructed in critical areas and
watershed buffer areas. Where possible, roads
should be located outside of critical areas and
watershed buffer areas. Roads constructed within
these areas shall be designed and constructed so
to minimize their impact on water quality.
(Ord. No. 1397, 6-28-93)
Sec. 35-360. Construction procedures.
(a) No construction or installation of improve-
ments shall commence in a proposed subdivision
until a subdivision plat has been approved by the
watershed review board.
(b) No building or other permits shall be is-
sued for erection of a structure on any lot not of
record at the time of adoption of this article until
all requirements of this article have been met.
The subdivider, prior to commencing any work
within the subdivision, shall make arrangements
with the watershed administrator to provide for
adequate inspection.
(Ord. No. 1397, 6-28-93)
Sec. 35-361. Penalties for transferring lots
in unapproved subdivisions.
Any person who, being the owner or agent of
the owner of any land located within the jurisdic-
tion of the city, thereafter subdivides his land in
violation of this article or transfers or sells land
by reference to, exhibition of, or any other use of a
plat showing a subdivision of the land before the
plat has been properly approved under this article
and recorded in the office of the register of deeds,
shall be guilty of a misdemeanor. The description
by metes and bounds in the instrument of trans-
fer or other document used in the process of
selling or transferring land shall not exempt the
transaction from this penalty. The city may bring
an action for injunction of any illegal subdivision,
transfer, conveyance, or sale of land, and the court
CD35:158

LAND USE
shall, upon appropriate findings, issue an injunc-
tion and order requiring the offending party to
comply with this article.
(Ord. No. 1397, 6-28-93)
DIVISION 3. DEVELOPMENT
REGULATIONS
Sec. 35-362. Establishment of watershed ar-
eas.
For purposes of this article, the watershed
protection area within the city's planning juris-
diction is hereby divided into the following areas,
as appropriate:
WS-N-CA (Critical area).
WS-IV-PA (Protected area).
(Ord. No. 1397, 6-28-93)
See. 35-363. Watershed areas described.
(a) WS-IV watershed areas —Critical area (WS-
IV CA). Only new development activities that
require an erosion/sedimentation control plan un-
der state law or approved local program are
required to meet the provisions of this article
when located in the WS-IV watershed. In order to
address a moderate to high land use intensity
pattern, single-family residential uses are al-
lowed at a maximum of two dwelling units per
acre with a minimum lot size of 20,000 square
feet. All other residential and nonresidential de-
velopment shall be allowed 24 percent built -upon
area. New sludge application sites and landfills
are specifically prohibited.
(1) Permissible uses.
a. Agriculture subject to the provisions
of the Food Security Act of 1985 and
the Food, Agriculture, Conservation
and Trade Act of 1990. Agricultural
activities conducted after January 1,
1993, shall maintain a minimum ten -
foot vegetative buffer, or equivalent
control as determined by the soil and
water conservation commission, along
all perennial waters indicated on the
most recent versions of U.S.G.S.
1:24,000 (7.5 minute) scale topo-
graphic maps or as determined by
§ 35-363
local government studies. Animal op-
erations greater than 100 animal
units shall employ best management
practices by July 1, 1994, recom-
mended by the soil and water con-
servation commission.
b. Silviculture, subject to the provi-
sions of the Forest Practices Guide-
lines Related to Water Quality (15
NCAC I1.6101-.0209).
C. Residential.
d. Nonresidential development, exclud-
ing:
1. The storage of toxic and hazard-
ous materials unless a spill con-
tainment plan is implemented,
2. Landfills, and
3. Sites for land application of
sludge residuals or petroleum
contaminated soils.
(2) Density and built -upon limits.
a. Single-family residential. Develop-
ment shall not exceed two dwelling
units per acre with a minimum lot
sized of 20,000 square feet on a project
by project basis. No residential lot
shall be less than 20,000 square feet,
except within an approved cluster
development.
b. All other residential and nonresiden-
tial. Development shall not exceed
24 percent built -upon area on a
project by project basis. For the pur-
pose of calculating the built -upon
area, total project area shall include
total acreage in the tract on which
the project is to be developed.
(b) WS-IV watershed areas —Protected area (WS-
IV-PA). Only new development activities that re-
quire an erosion/sedimentation control plan un-
der state law or approved local government program
are required to meet the provisions of this article
when located in the WS-IV watershed. In order to
address a moderate to high land use intensity
pattern, single-family residential uses shall de-
velop at a maximum of two dwelling units per
acre with a minimum lot size of 20,000 square
CD35:159

§ 35-363
LUMBERTON CODE
feet. All other residential and nonresidential de-
velopment shall be allowed at a maximum of 24
percent built -upon area. A maximum of three
dwelling units per acre with a minimum lot size of
15,000 square feet or 36 percent built -upon is
allowed for projects without a curb and gutter
street system.
(1) Permissible uses.
a. Agriculture, subject to the provi-
sions of the Food Security Act of
1985 and the Food, Agricultural, Con-
servation and Trade Act of 1990.
b. Silviculture, subject to the provi-
sions of the Forest Practices Guide-
lines Related to Water Quality (15
NCAC 1I.6101-.0209).
C. Residential development.
d. Nonresidential development, exclud-
ing the storage of toxic and hazard-
ous materials unless a spill contain-
ment plan is implemented.
(2) Density and built upon limits.
a. Single-family residential. Develop-
ment shall not exceed two dwelling
units per acre with a minimum lot
size of 20,000 square feet on a project
by project basis. No residential lot
shall be less than 20,000 square feet,
or 15,000 square feet for projects
without a curb and gutter system,
except within an approved cluster
development.
b. Ali other residential and nonresiden-
tial. Development shall not exceed
24 percent built -upon area on a
project by project basis. For projects
without a curb and gutter street
system, development shall not ex-
ceed 36 percent built -upon area on a
project by project basis. For the pur-
pose of calculating built -upon area,
total project area shall include total
acreage in the tract on which the
project is to be developed.
(Ord. No. 1397, 6-28-93)
Sec. 35-364. Cluster development.
Clustering of development is allowed in all
watershed areas under the following conditions:
(1) Minimum lot sizes are not applicable to
single-family cluster development projects;
however, the total number of lots shall not
exceed the number of lots allowed for
single-family detached developments in
section 35-363. Built -upon area or
stormwater control requirements of the
project shall not exceed that allowed for
the critical area or protected area, which-
ever applies.
(2) All built -upon area shall be designed and
located to minimize stormwater runoff
impact to the receiving waters and mini-
mize concentrated stormwater flow.
(3) The remainder of the tract shall remain in
a vegetated or natural state. Where the
development has an incorporated prop-
erty owners association, the title of the
open space area shall be conveyed to the
association for management. Where a prop-
erty association is not incorporated, a
maintenance agreement shall be filed with
the property deeds.
(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 2,
1-24-94)
Sec. 35-365. Buffer areas required.
(a) A minimum of 100-foot vegetative buffer is
required for all new development activities that
exceed the low density option; otherwise, a mini-
mum 30-foot vegetative buffer for development
activities is required along all perennial waters
indicated on the most recent versions of U.S.G.S.
1.24,000 (7.5 minute) scale topographic maps or
as determined by local government studies. De-
sirable artificial streambank or shore line stabi-
lization is permitted.
(b) No new development is allowed in the
buffer except for water dependent structures and
public projects such as road crossings and
greenways where no practical alternative exists.
These activities should minimize built -upon sur-
CD35:160

LAND USE § 35-368
face area, direct runoff away from the surface (b) No area required for the purpose of comply -
waters and maximize the utilization of stormwater ing with the provisions of this article shall be
best management practices. included in the area required for another build -
(Ord. No. 1397, 6-28-93) ing.
See. 35-366. Rules governing the interpreta-
tion of watershed area bound-
aries.
Where uncertainty exists as to the boundaries
of the watershed areas, as shown on the water-
shed map, the following rules shall apply-
(1) Where area boundaries are indicated as
approximately following either street, al-
ley, railroad or highway lines or centerlines
thereof, such lines shall be construed to
be said boundaries.
(2) Where area boundaries are indicated as
approximately following lot lines, such lot
lines shall be construed to be said bound-
aries. However, a surveyed plat prepared
by a registered land surveyor may be
submitted to the city as evidence that one
or more properties along these boundaries
do not lie within the watershed area.
(3) Where the watershed area boundaries lie
at a scaled distance more than 25 feet
from any parallel lot line, the location of
watershed area boundaries shall be deter-
mined by use of the scale appearing on the
watershed map.
(4) Where the watershed area boundaries lie
at a scaled distance of 25 feet or less from
any parallel lot line, the location of water-
shed area boundaries shall be construed
to be the lot line.
(5) Where other uncertainty exists, the wa-
tershed administrator shall interpret the
watershed map as to location of such
boundaries. This decision may be ap-
pealed to the board of adjustment.
(Ord. No. 1397, 6-28-93)
Sec. 35-367. Application of regulations.
(a) No buildings or land shall hereafter be
used and no development shall take place except
in conformity with the regulations herein speci-
fied for the watershed area in which it is located.
(c) Every residential building hereafter erected,
moved or structurally altered shall be located on a
lot which conforms to the regulations herein spec-
ified, except as permitted in section 35-368.
(d) If a use or class of use is not specifically
indicated as being allowed in a watershed area,
such use or class of use is prohibited.
(Ord. No. 1397, 6-28-93)
Sec. 35-368. Existing development.
Any existing development as defined in this
article, may be continued and maintained subject
to the provisions provided herein. Expansions to
existing development must meet the require-
ments of this article, however, the built -upon area
of the existing development is not required to be
included in the density calculations.
CD35:161
(1) Vacant lots. This category consists of va-
cant lots for which plats or deeds have
been recorded in the office of the Register
of Deeds of Robeson County. Lots may be
used for any of the uses allowed in the
watershed area in which it is located,
provided the following:
a. Where the lot area is below the min-
imum specified in this article the
watershed administrator is autho-
rized to issue a watershed protection
permit.
b. Notwithstanding the foregoing, when-
ever two or more contiguous residen-
tial vacant lots of record are in single
ownership at any time after the adop-
tion of this article and such lots
individually have less area than the
minimum requirements for residen-
tial purposes for the watershed area
in which such lots are located, such
lots shall be combined to create one
or more lots that meet the standards
of this article, or if this is impossible,
reduce to the extent possible the
nonconformity of the lots.

§ 35-368
LUMBERTON CODE
(2) Occupied lots. This category consists of
lots, occupied for residential purposes at
the time of the adoption of this article.
These lots may continue to be used pro-
vided that whenever two or more adjoin-
ing lots of record, one of which is occupied,
are in single ownership at any time after
the adoption of this article, and such lots
individually or together have less area
than the minimum requirements for res-
idential purposes for the watershed area
in which they are located, such lots shall
be combined to create lots which meet the
minimum size requirements or which min-
imize the degree of nonconformity,
(3) Uses of land. This category consists of
uses existing at the time of adoption of
this article where such use of the land is
not permitted to be established hereafter
in the watershed area in which it is lo-
cated. Such uses may be continued except
as follows:
a. When such use of land has been
changed to a permissible use, it shall
not thereafter revert to any prohib-
ited use.
b. Such use of land shall be changed
only to a permissible use.
C. When such use is discontinued for a
consecutive period of 180 days, it
shall not be reestablished.
(4) Reconstruction of buildings or built -upon
areas. Any existing building or built -upon
area not in conformance with the restric-
tions of this article that has been dam-
aged or removed may be repaired and/or
reconstructed, except that there are no
restrictions on single-family residential
development, provided:
a. Repair or reconstruction is initiated
within 12 months and completed
within two years of such damage.
b. The total amount of space devoted to
built -upon area may not be increased
unless stormwater control that equals
or exceeds the previous development
is provided.
(Ord. No. 1397, 6-28-93)
Sec. 35-369. Watershed protection permit.
(a) Except where a single-family residence is
constructed on a lot deeded prior to the effective
date of this article, no building or built -upon area
shall be erected, moved, enlarged or structurally
altered, nor shall any building permit be issued
nor shall any change in the use of any building or
land be made until a watershed protection permit
has been issued by the watershed administrator.
No watershed protection permit shall be issued
except in conformity with the provisions of this
article.
(b) Watershed protection permit applications
shall be filed with the watershed administrator.
The application shall include a completed appli-
cation form and supporting documentation deemed
necessary by the watershed administrator.
(c) Prior to issuance of a watershed protection
permit, the watershed administrator may consult
with qualified personnel for assistance to deter-
mine if the application meets the requirements of
this article.
(d) A watershed protection permit shall expire
if a building permit or watershed occupancy per-
mit for such use is not obtained by the applicant
within 12 months from the date of issuance.
(Ord. No. 1397, 6-28-93)
Sec. 35-370. Building permit required.
Except for a single-family residence constructed
on a lot deeded prior to the effective date of this
article, no permit required under the North Caro-
lina State Building Code shall be issued for any
activity for which a watershed protection permit
is required until that permit has been issued.
(Ord. No. 1397, 6-28-93)
Sec. 35-371. Watershed protection occupancy
permit.
(a) The watershed administrator shall issue a
watershed protection occupancy permit certifying
that all requirements of this article have been
met prior to the occupancy or use of a building or
stormwater control structure hereafter erected,
altered or moved and/or prior to the change of use
of any building or land.
CD35:162

LAND USE
(b) A watershed protection occupancy permit,
either for the whole or part of a building, shall be
applied for coincident with the application for a
watershed protection permit and shall be issued
or denied within ten days after the issuance of a
certificate of occupancy by the building inspector.
(c) When only a change in use of land or
existing building occurs, the watershed adminis-
trator shall issue a watershed protection occu-
pancy permit certifying that all requirements of
this article have been met coincident with the
watershed protection permit.
(d) If the watershed protection occupancy per-
mit is denied, the watershed administrator shall
notify the applicant in writing stating the reasons
for denial.
(e) No building or structure which has been
erected, moved, or structurally altered may be
occupied until the watershed administrator has
approved and issued a watershed protection occu-
pancy permit.
(Ord. No. 1397, 6-28-93)
DIVISION 4. PUBLIC HEALTH
REGULATIONS
Sec. 35-372. Public health, in general.
No activity, situation, structure or land use
shall be allowed within the watershed which
poses a threat to water quality and the public
health, safety and welfare. Such conditions may
arise from inadequate on -site sewage systems
which utilize ground absorption; inadequate sed-
imentation and erosion control measures; the
improper storage or disposal of junk, trash or
other refuse within a buffer area; the absence or
improper implementation of a spill containment
plan for toxic and hazardous materials; the im-
proper management of stormwater runoff; or any
other situation found to pose a threat to water
quality.
(Ord. No. 1397, 6-28-93)
See. 35-373. Abatement.
(a) The watershed administrator shall monitor
land use activities within the watershed areas to
identify situations that may pose a threat to
water quality.
§ 35-374
(b) The watershed administrator may consult
with any public agency or official and request
recommendations.
(c) Where the watershed administrator finds a
threat to water quality and the public health,
safety and welfare, the administrator shall insti-
tute any appropriate action or proceeding to re-
strain, correct or abate the condition and/or vio-
lation.
(Ord, No. 1397, 6-28-93)
DIVISION 5. ADMINISTR.ATION,
ENFORCEMENT AND APPEALS
Sec. 35-374. Watershed administrator and
duties thereof.
The director of planning and inspections shall
be the watershed administrator, and shall be duly
sworn. It shall be the duty of the watershed
administrator to administer and enforce the pro-
visions of this article as follows:
CD35:163
(1) The watershed administrator shall issue
watershed protection permits and water-
shed protection occupancy permits as pre-
scribed herein. A record of all permits
shall be kept on file and shall be available
for public inspection during regular office
hours of the administrator.
(2) The watershed administrator shall serve
as clerk to the watershed review board.
(3) The watershed administrator shall keep
records of all amendments to the local
water supply watershed protection article
and shall provide copies of all amend-
ments upon adoption to the supervisor of
the classification and standards group,
water quality section, division of environ-
mental management.
(4) The watershed administrator is granted
the authority to administer and enforce
the provisions of this article, exercising in
the fulfillment of his responsibility the
full police power of the city. The water-
shed administrator, or his duly autho-
rized representative, may enter any build-

§ 35.374
LUMBERTON CODE
ing, structure, or premises, as provided by
law, to perform any duty imposed upon
him by this article.
(5) The watershed administrator shall keep a
record of variances to the local water
supply watershed protection article. This
record shall be submitted to the supervi-
sor of the classification and standards
group, water quality section, division of
environmental management on or before
January 1 of the following year and shall
provide a description of each project re-
ceiving a variance and the reasons for
granting the variance.
(Ord. No. 1397, 6-28-93)
Sec. 35-375. Appeal from the watershed ad-
ministrator.
(a) Any order, requirement, decision or deter-
mination made by the watershed administrator
may be appealed to and decided by the board of
adjustment.
(b) An appeal from a decision of the watershed
administrator must be submitted to the board of
adjustment within 30 days from the date the
order, interpretation, decision or determination is
made. All appeals must be made in writing stat-
ing the reasons for appeal. Following submission
of an appeal, the watershed administrator shall
transmit to the board all papers constituting the
record upon which the action appealed from was
taken.
(c) An appeal stays all proceedings in further-
ance of the action appealed, unless the watershed
administrator certifies to the board after notice to
appeal has been filed with him, that by reason of
facts stated in the certificate, a stay would in his
opinion cause imminent peril to life or property.
In such case, proceedings shall not be stayed
otherwise than by a restraining order which may
be granted by the board or by a court of record on
application of notice of the watershed administra-
tor and upon due cause shown.
(d) The board shall fix a reasonable time for
hearing the appeal and give notice thereof to the
parties and shall decide the same within a rea-
sonable time. At the hearing, any party may
appear in person, by agent or by attorney.
(Ord. No. 1397, 6-28-93)
Sec. 35-376. Changes and amendments to the
watershed protection article.
Amendments, supplements and changes to this
article shall comply with the watershed protec-
tion rules as adopted by the N.C. Environmental
Management Commission. All amendments must
be filed with the N.C. Division of Environmental
Management, N.C. Division of Environmental
Health, and the N.C. Division of Community
Assistance.
(Ord. No. 1397, 6-28-93)
Sec. 35-377. Public notice and hearing re-
quired.
Before adopting or amending this article, the
city council shall hold a public hearing on the
proposed changes. A notice of the public hearing
shall be given once a week for two successive
calendar weeks in a newspaper having general
circulation in the area. The notice shall be pub-
lished for the first time not less than ten nor more
than 25 days before the date fixed for the hearing.
(Ord. No. 1397, 6-28-93)
Sec. 35-378. Establishment of watershed re-
view board.
The city council shall serve as the watershed
review board.
(Ord. No. 1397, 6-28-93)
Sec. 35-379. Powers and duties of the board
of adjustment.
(a) Administrative review, The board of adjust-
ment shall hear and decide appeals from any
decision or determination made by the watershed
administrator in the enforcement of this article.
(b) Minor variances. The board of adjustment
shall have the power to authorize, in specific
cases, minor variances from the terms of this
article consistent with the provisions of section
35-92. The city shall notify and allow a reasonable
comment period for all other local governments
having jurisdiction in the designated watershed
where the variance is being considered and all
entities using said watershed for water consump-
tion. If a variance is issued in accordance with
this section, it shall be considered a watershed
CD35:164

LAND USE
protection permit and shall expire if a building
permit or watershed occupancy permit for such
use is not obtained by the applicant within six
months from the date of the decision.
(c) Major variances. The board of adjustment
shall have the power to authorize, in specific
cases, major variances from the terms of this
article consistent with the provisions of this sub-
section and section 35-92. If an application calls
for the granting of a major variance, and if the
board decides in favor of granting the variance,
the board shall prepare a preliminary record of
the hearing with all deliberate speed. The prelim-
inary record of the hearing shall include:
(1) The variance application;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evi-
dence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all con-
ditions proposed to be added to the per-
mit.
The preliminary record shall be sent to the
environmental management commission for its
review as follows:
(1) If the commission concludes from the pre-
liminary record that the variance quali-
fies as a major variance and that:
a. The property owner can secure no
reasonable return from, nor make
any practical use of the property
unless the proposed variance is
granted, and
b. The variance, if granted, will not
result in a serious threat to the wa-
ter supply,
then the commission shall approve the
variance as proposed or approve the pro-
posed variance with conditions and stipu-
lations. The commission shall prepare a
commission decision and send it to the
board of adjustment. If the commission
approves the variance as proposed, the
board shall prepare a final decision grant-
§ 35-381
ing the proposed variance. If the commis-
sion approves the variance with condi-
tions and stipulations, the board shall
prepare a final decision, including such
conditions and stipulations, granting the
proposed variance.
(2) If the commission concludes from the pre-
liminary record that the variance quali-
fies as a major variance and that:
a. The property owner can secure a
reasonable return from or make a
practical use of the property without
the variance, or
b. The variance, if granted, will result
in a serious threat to the water sup-
ply,
then the commission shall deny approval
of the variance as proposed. The commis-
sion shall prepare a commission decision
and send it to the board of adjustment.
The board shall prepare a final decision
denying the variance as proposed.
(Ord. No. 1397, 6-28-93; Ord. No. 1429, § 3,
1-24-94)
Sec. 35-380. Appeals from the board of ad-
justment.
Appeals from the board of adjustment must he
filed with the superior court within 30 days from
the date of the decision. The decisions by the
superior court will be in the nature of certiorari.
(Ord. No. 1397, 6-28-93)
DIVISION 6. HIGH DENSITY
DEVELOPMENT
Sec. 35-381. High density development stan-
dards.
(a) The watershed review board may approve
high density development proposals consistent
with the following standards:
(1) WS-.TV watershed area —Critical area (WS-
IV-CA). Where new development requires
a sedimentation/erosion control plan and
exceeds either two dwellings per acre or
24 percent built -upon area, engineered
stormwater controls shall be used to con-
CD35:165

§ 35-381
LUMBERTON CODE
trol runoff from the first inch of rainfall
and development shall not exceed 50 per-
cent built -upon area.
(2) WS-IV watershed area —Protected area
(WS-IV-PA). Where new development re-
quires a sedimentationlerosion control plan
and exceeds either two dwelling units per
acre, 24 percent built -upon area or three
dwelling units per acre or 36 percent
built -upon area for projects without curb
and gutter street system, engineered
stormwater controls shall be used to con-
trol runoff from the first inch of rainfall
and development shall not exceed 70 per-
cent built -upon area.
(b) High density development may he permit-
ted by conditional use permit, consistent with the
provisions of Article 1V.
(Ord. No. 1397, 6-28-93)
Sec. 35-382. High density development per-
mit application.
(a) A high density development permit shall be
required for new development exceeding the re-
quirements of the low density option.
(b) Application for a high density development
permit shall be addressed and submitted to the
watershed review board through the watershed
administrator. Application for a high density de-
velopment permit shall be made on the proper
form and shall include the following information:
(1) A completed high density development
permit application signed by the owner of
the property. The signature of the consult-
ing engineer or other agent will be ac-
cepted on the application only if accompa-
nied by a letter of authorization;
(4) Written verification that a soil erosion
and sedimentation control plan has been
approved by the appropriate state or local
agency;
(5) Permit application fees consistent with
section 35-386.
(c) Prior to taking final action on any applica-
tion, the board or the watershed administrator
may provide an opportunity to public agencies
affected by the development proposal to review
and make recommendations on the application.
However, failure of the agencies to submit their
comments and recommendations shall not delay
the board's action within the prescribed time
limit.
(d) The board shall issue a written ruling and
make copies available at the office of the water-
shed administrator and the city clerk.
(1) If the board approves the application based
on its findings, such approval shall be
indicated on the permit and both copies of
the site plan and both copies of the plans
and specifications of the stormwater con-
trol structures. A high density develop-
ment permit shall be issued after the
applicant posts a performance bond or
other acceptable security as required in
section 35-384 and executes an operation
and maintenance agreement as required
in section 35-384(c). A copy of the permit
and one copy of each set of plans shall be
kept on file at the watershed
administrator's office. The original permit
and one copy of each set of plans shall be
delivered to the applicant either by per-
sonal service or registered mail, return
receipt requested. '
[(2) Reserved.]
(Ord. No. 1397, 6-28-93)
(2) Four reproducible copies of the develop- Sec. 35-383. Stormwater control structures.
ment plan within the drainage basin in-
cluding detailed information concerning (a) All stormwater control structures shall be
built -upon area; designed by either a North Carolina registered
professional engineer or landscape architect, to
(3) Two reproducible copies of the plans and the extent that the General Statutes, Chapter
specifications of the stormwater control 89A, allow. Other stormwater systems shall be
structure consistent with section 35-383; designed by a North Carolina registered profes-
CD35:166

LAND USE
sional with qualifications appropriate for the type
of system required; these registered professionals
are defined as professional engineers, landscape
architects, to the extent that the General Stat-
utes, Chapter 89A allow and land surveyors to the
extent that the design represents incidental drain-
age within a subdivision, as provided in General
Statutes 89(C)-3(7).
(b) All stormwater controls shall use wet de-
tention ponds as a primary treatment system.
Wet detention ponds shall be designed for specific
pollutant removal according to modeling tech-
niques approved by the North Carolina Division
of Environmental Management. Specific require-
ments for these systems shall be in accordance
with the following criteria:
(1) Wet detention ponds shall be designed to
remove 85 percent of total suspended sol-
ids in the permanent pool and storage
runoff from a one -inch rainfall from the
site above the permanent pool;
(2) The designed runoff storage volume shall
be above the permanent pool;
(3) The discharge rate from these systems
following the one inch rainfall design storm
shall be such that the runoff does not
draw down to the permanent pool level in
less than two days and that the pond is
drawn down to the permanent pool level
within at least five days;
(4) The mean permanent pool depth shall be
a minimum of three feet;
(5) The inlet structure shall be designed to
minimize turbulence using baffles or other
appropriate design features;
(6) Vegetative filters shall be constructed for
the overflow and discharge of all
stormwater wet detention ponds and shall
be at least 30 feet in length. The slope and
width of the vegetative filter shall be
determined so as to provide a non -erosive
velocity of flow -through the filter for a
ten-year, 24-hour storm with a ten-year,
one -hour intensity with a slope of five
percent or less. Vegetation in the filter
§ 35-384
shall be natural vegetation, grasses or
artificially planted wetland vegetation ap-
propriate for the site characteristics.
(c) In addition to the vegetative filters re-
quired in section 35-383(b)(6), all land areas out-
side of the pond shall be provided with a ground
cover sufficient to restrain erosion within 30 days
after any land disturbance. Upon completion of
the stormwater control structure, a permanent
ground cover shall be established and maintained
as part of the maintenance agreement described
in section 35-384(c).
(d) A description of the area containing the
stormwater control structure shall be prepared
and filed consistent with section 35-385, as a
separate deed with the Robeson County Register
of Deeds along with any easement necessary for
general access to the stormwater control struc-
ture. The deeded area shall include the detention
pond, vegetative filters, all pipes and water con-
trol structures, berms, dikes, etc., and sufficient
area to perform inspections, maintenance, repairs
and reconstruction.
(e) Qualifying areas of the stormwater control
structure may be considered pervious when com-
puting total built -upon area. However, if the struc-
ture is used to compute the percentage built -upon
area for one site, it shall not be used to compute
the built -upon area for any other site or area.
(Ord. No. 1397, 6-28-93)
Sec. 35-384. Posting of financial security re-
quired.
(a) All new stormwater control structures shall
be conditioned on the posting of adequate finan-
cial assurance for the purpose of maintenance,
repairs or reconstruction necessary for adequate
performance of the stormwater control struc-
tures.
(b) Financial assurances shall be in the form of
the following:
(1) Security performance bond or other secu-
rity. The permit applicant shall obtain
either a performance bond from a surety
bonding company authorized to do busi-
ness in North Carolina, an irrevocable
letter of credit or other instrument readily
CD35.167

§ 35-384
LUMBERTON CODE
convertible into cash at face value pay-
able to city or placed in escrow with a
financial institution designated as an of-
ficial depository of the city. The bond or
other instrument shall be in an amount
equal to one and one quarter times the
total cost of the stormwater control struc-
ture, as estimated by the applicant and
approved by the watershed review board.
The total cost of the stormwater control
structure shall include the value of all
materials such as piping and other struc-
tures; seedings and soil stabilization; de-
sign and engineering; and grading, exca-
vation, fill, etc. The costs shall not be
prorated as part of a larger project, but
rather under the assumption of an inde-
pendent mobilization.
(2) Cash or equivalent security deposited af-
ter the release of the performance bond.
Consistent with section 35-387(c)(1), the
permit applicant shall deposit with the
city either cash or other instrument ap-
proved by the board that is readily con-
vertible into cash at face value. The cash
or security shall be in an amount equal to
15 percent of the total cost of the
stormwater control structure or the esti-
mated cost of maintaining the stormwater
control structure over a ten-year period,
whichever is greater. The estimated cost
of maintaining the stormwater control
structure shall be consistent with the
approved operation and maintenance plan
or manual provided by the developer un-
der section 35-385(a). The amount shall
be computed by estimating the mainte-
nance cost for 25 years and multiplying
this amount by two -fifths or 0.4.
(c) Consistent with section 35-385, the permit
applicant shall enter into a binding operation and
maintenance agreement between the city and all
interests in the development. Said agreement
shall require the owning entity to maintain, re-
pair and, if necessary, reconstruct the stormwater
control structure in accordance with the operation
and maintenance plan or manual provided by the
developer. The city manager is hereby authorized
to execute the operation and maintenance agree-
ment in behalf of the city. The operation and
maintenance agreement shall be filed with the
Robeson County Register of Deeds by the water-
shed administrator.
(d) Default under the performance bond or
other security. Upon default of the permit appli-
cant to complete and/or maintain the stormwater
control structure as enumerated in the perfor-
mance bond or other security, the city may obtain
and use all or any portion of the funds necessary
to complete the improvements based on an engi-
neering estimate. The city shall return any funds
not spent in completing the improvements to the
owning entity.
(e) Default under the cash security. Upon de-
fault the owning entity to maintain, repair and, if
necessary, reconstruct the stormwater control struc-
ture in accordance with the operation and main-
tenance agreement, the city shall obtain and use
all or any portion of the cash security to make
necessary improvements based on an engineering
estimate. Such expenditure of funds shall only be
made after exhausting all other reasonable rem-
edies seeping the owning entity to comply with
the terms and conditions of the operation and
maintenance agreement. The city shall not return
any of the deposited cash funds.
(Ord. No. 1397, 6-28-93)
Sec. 35-385. Maintenance and upkeep.
(a) An operation and maintenance plan or man-
ual shall be provided by the developer for each
stormwater control structure, indicating what op-
eration and maintenance actions are needed, what
specific quantitative criteria will be used for de-
termining when those actions are to be taken and,
consistent with the operation and maintenance
agreement, who is responsible for those actions.
The plan shall clearly indicate the steps that will
be taken for restoring a stormwater control struc-
ture to design specifications if a failure occurs.
(b) Landscaping and grounds management shall
be the responsibility of the owning entity. How-
ever, vegetation shall not be established or al-
lowed to mature to the extent that the integrity of
the control structure is diminished or threatened,
or to the extent of interfering with any easement
or access to the stormwater control structure.
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LAND USE
(c) With the exception of general landscaping
and grounds management, the owning entity shall
notify the watershed administrator prior to any
repair or reconstruction of the stormwater control
structure. All improvements shall be made con-
sistent with the approved plans and specifications
of the stormwater control structure and the oper-
ation and maintenance plan or manual. The wa-
tershed administrator shall inspect the improve-
ments during construction and shall inform the
owning entity of any required additions, changes
or modifications and of the time period to com-
plete said improvements. It shall be the respon-
sibility of the owning entity to request inspection
of any improvements pursuant to a schedule
established by the watershed administrator. The
watershed administrator may consult with an
engineer or landscape architect (to the extent that
the General Statutes, Chapter 89A, allow) desig-
nated by the board.
(d) Amendments to the plans and specifica-
tions of the stormwater control structure and/or
the operation and maintenance plan or manual
shall be approved by the board. Proposed changes
shall be prepared by a North Carolina registered
professional engineer or landscape architect (to
the extent that the General Statutes, Chapter
89A, allow) and submitted to and reviewed by the
Watershed Administrator prior to consideration
by the board.
(1) If the board approves the proposed changes,
the owning entity of the stormwater con-
trol structure shall file sealed copies of
the revisions with the watershed admin-
istrator.
(2) If the board disapproves the changes, the
proposal may be reviewed and resubmit-
ted to the board as a new proposal. If the
proposal has not been revised and is es-
sentially the same as that already re-
viewed, it shall be returned to the appli-
cant.
(e) If the board finds that the operation and
maintenance plan or manual is inadequate for
any reason, the board shall notify the owning
entity of any required changes and shall prepare
§ 35-387
and file copies of the revised agreement with the
Robeson County Register of Deeds, the watershed
administrator and the owning entity.
(Ord. No. 1397, 6-28-93)
Sec. 35-386. Application and inspection fees.
(a) Processing and inspection fees shall be
submitted in the form of a check or money order
made payable to the City of Lumberton. Applica-
tions shall be returned if no accompanied by the
required fee.
(b) A permit and inspection fee schedule, as
approved by the city council, shall be posted in the
office of the watershed administrator.
(c) Inspection fees shall be valid for 60 days.
An inspection fee shall be required when improve-
ments are made to the stormwater control struc-
ture consistent with section 35-385(c).
(Ord. No. 1397, 6-28-93)
Sec. 35-387. Inspections and release of the
performance bond.
(a) The stormwater control structure shall be
periodically inspected by the watershed adminis-
trator during construction. Upon final inspection,
the owning entity shall provide;
(1) The signed deed, related easements and
survey plat for the stormwater control
structure ready for filing with the Robeson
County Register of Deeds;
(2) A certification sealed by an engineer or
landscape architect (to the extent that the
General Statutes, Chapter 89A, allow)
stating that the stormwater control struc-
ture is complete and consistent with the
approved plans and specifications.
(b) The watershed administrator shall present
the materials submitted by the developer and the
inspection report and recommendations to the
watershed review board at its next regularly
scheduled meeting.
CD35:169
(1) If the board approves the inspection re-
port and accepts the certification, deed
and easements, the board shall file the
deed and easements with the Robeson
County Register of Deeds. The board may

§ 35-387
LUMBERTON CODE
release a maximum of 75 percent of the
value of the performance bond or other
security and issue a watershed protection
occupancy permit for the stormwater con-
trol structure, consistent with section 35-
371.
(2) If deficiencies are found, the board shall
direct that improvements and inspections
be made and/or documents corrected and
resubmitted to the board.
(c) No sooner than one year after the filing
date of the deed, easements and maintenance
agreement, the developer may petition the board
to release the remaining value of the performance
bond or other security. Upon receipt of said peti-
tion, the watershed administrator shall inspect
the stormwater control structure to determine
whether the controls are performing as designed
and intended. The watershed administrator shall
present the petition, inspection report and recom-
mendations to the board.
(1) If the board approves the report and ac-
cepts the petition, the developer shall
deposit with the board a cash amount
equal to that described in section 35-
384(b)(2) after which, the board shall re-
lease the performance bond or other secu-
rity.
(2) If the board does not accept the report and
rejects the petition, the board shall pro-
vide the developer with instructions to
correct any deficiencies and all steps nec-
essary for the release of the performance
bond or other security.
(d) A watershed protection occupancy permit
shall not be issued for any building within the
permitted development until the board has ap-
proved the stormwater control structure, as pro-
vided in section 35-387(b).
(e) All stormwater control structures shall be
inspected at least annually to determine whether
the controls are performing as designed and in-
tended. Records of inspection shall be maintained
on forms approved or supplied by the North
Carolina Division of Environmental Manage-
ment. Annual inspections shall begin within one
year of filing date of the deed for the stormwater
control structure.
(f) In the event the watershed administrator
discovers the need for corrective action or improve-
ments, the watershed administrator shall notify
the owning entity of the needed improvements
and the date by which the corrective action is to
be completed. All improvements shall be made
consistent with the plans and specifications of the
stormwater control structure and the operation
and maintenance plan or manual. After notifica-
tion by the owning entity, the watershed admin-
istrator shall inspect and approve the completed
improvements. The watershed administrator may
consult with an engineer or landscape architect
(to the extent that the General Statutes, Chapter
89A, allow) designated by the board.
(g) Appeals of any order, requirement, decision
or determination made by the watershed admin-
istrator may be made to and decided by the
watershed review board.
(Ord. No. 1397, 6-28-93)
Sec. 35-388. Sanctions.
In addition to the remedies described in Divi-
sion 1 of this article and consistent with G.S.
160A-175, the watershed administrator may seek
enforcement of this article by assessing a civil
penalty to be recovered by the City of Lumberton
in a civil action in the nature of debt if the
offender does not pay the penalty in a prescribed
period of time after being cited for violation of the
article. Said violation may be enforced by an
appropriate equitable remedy issuing from a court
of competent jurisdiction. The court may issue an
injunction and order of abatement commanding
the defendant to correct the unlawful condition
upon or cease the unlawful use of the property.
The action shall be governed in all aspects by the
laws and rules governing civil proceedings, includ-
ing the Rules of Civil Procedure in general and
Rule 65 in particular. If the defendant fails or
refuses to comply with an injunction or with an
order of abatement within the time allowed by the
court, the defendant may be cited for contempt
and the city may execute the order of abatement.
The city shall have a lien on the property for the
CD35:170

LAND USE
cost of executing an order of abatement in the
nature of a mechanic's and materialman's lien.
The defendant may secure cancellation of an
order of abatement by paying all costs of the
proceedings and posting a bond for compliance
with the order. The bond shall be given with
sureties approved by the clerk of superior court in
an amount approved by the judge before whom
the matter is heard and shall be conditioned on
the defendant's full compliance with the terms of
the order of abatement within a time fixed by the
judge. Cancellation of an order of abatement shall
not suspend or cancel an injunction issued in
conjunction therewith. Enforcement of this article
may be by any one, all or a combination of the
remedies authorized in this article. Each day's
continuing violation shall be a separate and dis-
tinct offense.
(Ord. No. 1397, 6-28-93)
CD35:171
§ 35-388

Ch. 35, App. A LUMBERTON CODE
Appendix A Information Required With (4) Identification of the particular permit
Applications sought.
A-1. In general.
(a) As provided in section 35-49, it is presumed
that all of the information listed in this appendix
must be submitted with an application for a
zoning, sign, special use, or conditional use per-
mit to enable the permit -issuing authority to
determine whether the development, if completed
as proposed, will comply with all the require-
ments of Chapter 35. As set forth in section 35-92,
applications for variances are subject to the same
provisions. However, the permit -issuing authority
may require more information or accept as suffi-
cient less information, according to the circum-
stances of the particular case. A developer who
believes information presumptively required by
this appendix is unnecessary shall contact the
planning staff for an interpretation.
(b) As also provided in section 35-49, the ad-
ministrator shall develop application processes,
including standard forms, to simplify and expe-
dite applications for simple developments that do
not require the full range of information called for
in this appendix. In particular, developers seek-
ing only permission to construct single-family
houses or duplexes or to construct new or modify
existing signs should contact the administrator
for standard forms.
(Ord. No. 813, § 1, 6-3-85)
A-2. Written application.
Every applicant for a variance or a zoning,
sign, special use or conditional use permit shall
complete a written application containing at least
the following information:
(1) The name, address, and phone number of
the applicant.
(2) If the applicant is not the owner of the
property in question, (i) the name, ad-
dress, and phone number of the owner,
and (ii) the legal relationship of the appli-
cant to the owner that entitles the appli-
cant to make application.
(3) The date of the application.
(5) A succinct statement of the nature of the
development proposed under the permit
or the nature of the variance.
(6) Identification of the property in question
by street address and tax map reference.
(7) The zoning district within which the prop-
erty lies.
(8) The number of square feet in the lot
where the development is to take place.
(9) The gross floor area of all existing or
proposed buildings located on the lot where
the development is to take place.
(10) If the proposed development is a multi-
family residential development, the num-
ber of one-, two-, three-, or four -bedroom
dwelling units proposed for construction.
(Ord. No. 813, § 1, 6-3-85)
A-3. Development site plans.
Subject to section A-1 of this appendix, every
application for a variance or a zoning, sign, spe-
cial use or conditional use permit shall contain
plans that locate the development site and graph-
ically demonstrate existing and proposed natural,
manmade, and legal features on and near the site
in question, all in conformity with sections A-4
through A-6 of this appendix.
(Ord. No. 813, § 1, 6-3-85)
A-4. Graphic materials required for plans.
(a) The plans shall include a location map that
shows the location of the project in the broad
context of the city or planning jurisdiction. This
location map may be drawn on the development
site plans or it may be furnished separately using
reduced copies of maps of the Lumberton plan-
ning jurisdiction available at the planning and
inspections department.
(b) Development site plans shall be drawn to
scale, using such a scale that all features required
to be shown on the plans are readily discernible.
Very large developments may require that plans
show the development in sections to accomplish
this objective without resort to plans that are so
CD35:172