SURF CITY_COMPLETE FILE - HISTORICAL_20110614

-STORMWATER DIVISION CODING SHEET
Municipalities NOT MS4
PERMIT NO.
NCS0000 r
DOC TYPE
❑ COMPLETE FILE - HISTORICAL
MOST RECENT
DATE
C� L c)CQ (,
❑ `C
YYYYM M D D

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Diuguid, Bill Jj 6 r" VA TF—Tz- (D JZ D A- lr� Gk-- S W3 m
From:
Sent:
To:
Subject:
Randall, Mike
Tuesday, June 14, 201'1 1:57 PM
Diuguid, Bill
FW: Surf City USMP
From: Todd Rademacher fmailto:[e-mail]
Sent: Thursday, April 21, 2011 2:07 PM
To: Randall, Mike
Subject: Surf City USMP
Mike,
�? Lt-f "If
krf
This is the Town of Surf City Stormwater Ordinance how much would need to be done to have
this used in regard to USMP. What type of changes or additions would need to be made and
how would this specifically change the way stormwater is handled in regard to CAMA and for
high density development in Surf City, particularly on the mainland?
I know we talked about this a long time,ago,.but I think we may be ready to pick this up again.
Thanks in advance for your help.
If there is a better contact for me to get in touch with please let me know.
5.9 Stormwater management plan.
A stormwater management ordinance is adopted for the purpose of protecting surface water and
ground water quality, to protect and promote public health, safety, and general welfare with guided plans that
limit storm water run-off, pollutants, road ponding, environmental concerns and to avoid any further problems
through the adoption of sound Stormwater run-off practices. The following requirements shall be met prior for
all new residential and commercial development before a certificate of occupancy can be granted:
1) A stormwater management/driveway permit issued by the community development department for all
commercial and residential property.
a) Property used for residential purposes containing 10 acres or more may not be required to obtain
stormwater management permit. Applicants must prove to the community development department that
adequate measures have been taken to contain the first inch and a half (1 112") of rainfall in a twenty-
four (24) hour period.
2) All stormwater run-off generated on any. commercial site or from any residential structure(s) must be
contained on site for the first inch and a half.(1,A;.112',)'6f rainfall in a twenty-four (24) hour period;
3) A licensed engineer must design stormwater systems. It will also be the engineers responsibility to ensure
that the system has been installed properly and give written approval to the town that said system meets all
design criteria.
4) All stormwater management systems shall be maintained in proper working condition. If there is evidence
that a system may not be performing properly, the community development department may require that the
system be tested and that a qualified professional certify its performance in accordance with the stormwater
management standards.

L5) Failure to comply with the provisions of this section and/or failure to comply with any of its requirements
shall constitute a misdemeanor, punishable as set forth in the town code and North Carolina state law.
Todd I Rademacher, CZO
Planning Director
Town of Surf City
PO Box 2475
Surf City, SIC 28445
[phone]-Office
[phone]-Fax
www,townofsurfcit .com

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Memorandurn of Agreement
Between
The State of North Carolina's Division of Water Quality
And the
Town of Surf City, North Carolina
Effective:
July 01, 20?? through June 30, 20??
DRAIN Town of SURF CITY N40A 7/1/2008 Page of'

MEMORANDUM OF AGREEMENT
'Phis Memorandum of Agreement (MOA) is made by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
DIVISION OF WATER QUALITY (the DWQ) and the Town of Surf City (SURF
CITY), North Carolina concerning SURF CITY's implementation of the DWQ-
sponsored Universal Stormwatcr Management Program
The MOA includes all the attached appendices.
1. Purpose.
The purpose of this MOA is to establish a formal agreement between the DWQ and
SURF CITY that details the respective responsibilities of each party in implementing and
carrying out the duties of the Universal Stormwatcr Management Program.
2. SURF CITY USMP.
SURF CITY proposes to adopt and implement the voluntary, state Universal Stormwater
Management program (USMP) on all new, proposed development projects within the
jurisdiction of SURF CITY. SURF CITY proposes to require all developments
disturbing 5, 000 square feet or more of land, to meet the stormwater requirements of the
USMP. Additionally, SURF CITY proposes that all residential development shall control
stormwater through the design and installation of stormwater controls on a lot -by -lot
basis. SURF CITY encourages the use of `Low Impact Development' techniques to
achieve this to the maximum extent practicable.
3. USMP Rule Requirements.
The USMP state rule is found in the North Carolina Administrative Code 15A NCAC
02H .1020 and is found in Appendix A of this MOA.
The USMP requires that in the twenty coastal counties, new developments control and
treat the stormwater runoff from the first one and one-half inches of rainfall from rain
events. The USMP requires that new developments remove ail 85 percent average annual
amount of Total Suspended Solids. For detention ponds, the USMP requires the
stormwater treatment volume to be drawn down no faster than 48 hours, but no slower
than 120 hours. The USMP requires that the storage volume of structural stormwater
controls required by this rule shall discharge at a rate equal to or less than the pre -
development discharge rate for the 1-year, 24-hour storm. The USMP further mandates
that structural stormwater controls required by this rule shall meet the general
engineering design criteria found in 15A NCAC 02H. 1008 (c), found in Appendix A.
The USMP rule has other stormwater control design requirements, procedural and plan
requirements as outlined in the state rule and incorporated into the SURF CITY USMP
ordinance. The SURF CITY USMP ordinance is found in Appendix B of this MOA.
DRAM' "Gown of SURF CITY MOA 7/1/2008 Page of

4. USM P Adoption and Ordinance Approval.
SURF CITY adopter! the Universal Stonnwatcr Management ordinance on
2008. The DWQ approved the SURF CITY USMP ordinance on
, 2008.
5. Existing Stormwater and Development Review Requirements.
This MOA does not affect any of the existing Federal, State or local requirements of
SURF CITY and owner/developers with respect to development review requirements,
except as outlined below. For example, any required CAMA reviews, Erosion and
Sedimentation Control permits, and any other Federal, State or local development review
requirements shall still be required after the execution of this MOA.
SURF CITY is exempted from the requirement ofa separate state stormwater permit for
eligible construction projects within thejunsdiction of SURF CITY, beginning on the
effective date of this MOA and continuing for the duration of SURF CITY's participation
in this MOA.
Subsequent to the execution of this MOA, the DWQ will issue a letter to SURF CITY
notifying them that the state stormwater permits requirements are not effective for as long
as this MOA is in place and SURD CITY remains a party to this MOA.
6. Responsibilities of Surf City.
SURF CITY's responsibilities shall include the initial review ofproposed SURF CITY
development plans, the collection of stormwater permit fees, the issuance of the
stormwater permit under the USMP ordinance, administering the procedural requirements
required under the ordinance including but not limited to, maintaining the stormwater
map and as -built drawings, the receipt of annual inspection reports, and enforcement of'
the ordinance and issuing fines if necessary.
7. Responsibilities of DWQ.
The DWQ's responsibilities shall include the review of the development plans to
determine if they meet the stormwater requirements of the SURF CITY USMP.
The DWQ Wilmington Regional Office shall accomplish this review. The DWQ shall
receive a portion of the stormwater permit fee for its review of the development plans as
outlined in SURF CITY Administrative Manual and in the SURF CITY USMP Schedule
of Fees.
8. USMP Administrative Manual.
The SURF CITY USMP Administrative Manual is specified in Appendix C of this MOA.
9. USMP Schedule of Fees.
The stormwater permit fee to be charged for SURF City stormwater permits and any
sharing of fees by the DWQ for plan review by DWQ staff on behal f of' SURF CITY are
described in Appendix D— SURF CITY USMP Schedule of Fees ofthis MOA.
I)RAF7'To wn of SURF CITY MOA 7/1/2008 Page of'

e ,
10. Annual Report to DWQ.
SURF CITY shall submit an annual written report that summarizes the year's new
development approvals for the previous twelve month~. The report shall include
information of the type and location of the new development, the amount of runoff
controlled and the type of structural stonnwater controls used to control and treat such
runoff, and documentation that USMP stonnwater design standards have been met. The
annual report shal l include tine stormwater permit number of each new development
approved including a contact name and phone number for each owner/developer.
The previous year's report shall be submitted no later than 30 days after the date of
execution of this MOA (30 days plus 12 months for the first report), each year that this
MOA is in effect.
SURF CITY shall review and comment on work, data or reports prepared by any
contractor on behalf of SURF CITY and shall notify the DWQ of any objection or
disagreement with any portion of the work, data, or reports. Unless such notice is made
within 30 days of'submission of the annual report or other reports to the DWQ, notice
shall be deemed to be waived and the work, data and reports submitted shall be deemed
to be approved by SURF CITY.
11. State Audit and Revocation for Cause.
SURF CITY understands and agrees that SURF CITY's administration and
implementation of the USMP is subject to a DWQ audit and to possible revocation of the
MOA and SURF CITY USMP approval, if findings result from such an audit that are
solely determined in the opinion of the DWQ to be significant enough to warrant
revocation of'program approval.
Failure by SURF CITY to submit the annual report described in this MOA or to provide
any other requested audit data to the DWQ in the required format may result in
the revocation of this MOA by the DWQ, Appendix E of this MOA describes the
required annual report content. One copy, signed by SURF CITY, of these and any
other reports require nerei n, all be submitted to The Division of Water Quality;
` Attention: Supervisor, torniwater Permitting Unit, Wetlands and Stormwater Branch,
o 1617 Mail Service Center, Raleigh, NC 27699-1617. An email copy of the report shall
1� also be sent to the Stonmwater Permitting Unit Supervisor.
12. MOA Changes.
This MOA may be modified by the written consent of the DWQ and SURF CITY. The
DWQ or SURF CITY may determine that it is necessary to request changes in this
agreement. Any such changes can only be made by a written amendment to this MOA
agreed to by the DWQ and SURF CITY. The amendment shall be signed by SURF CITY
and by the DWQ. Such amendments may be entered into at any time.
13. MOA termination for convenience an re -in atement of State Stormwater
Permits.
This MOA shall be effective until June 30, 20??, unless extended by the consent of the
DWQ and SURF CITY. Upon 90 days written notice, the DWQ or SURF CITY may
DRAFT Town of SURF CITY MOA 7/1/2008 Page of

terminate this MOA for any reason. Upon termination of this MOA, any state stormwater
requirements in existence at the time of the termination shall be reinstated as a
requirement for new developments proposed within the jurisdiction of SUItF CITY and
shall become effective immediately upon such cancellation or termination.
IN WITNESS WHEREOF, the parties have caused the execution ofthis instrument by
authority duly given, to be effective as of the date executed by the DWQ,
DIVISION OF WATER QUALITY
Coleen 1-1. Sullins
Director, Division of Water Quality
Dated:
TOWN OF SURF CITY
By:
Official
Town of Surf City
Dated:
DRAF"I' Town o!'SURF CITY MOA 7/1/2008 Page of

. �. .., b��oaz�og
�pF N1Ar-Rp
a �
Memorandum of Agreement
Between
The State of North Carolina's Division of Water Quality
And the
Town of Surf City, North Carolina
Effective:
July 01, 20?? through June 30, 20??
DRAFT "Down of SUR1" CITY MOA 7/1/2008 Page 0f

MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (MOA) is made by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCE'S,
DIVISION OF WATER QUALITY (the DWQ) and the Town of Surf City (SURF
CITY), North Carolina concerning SURF CITY's implementation of the DWQ-
sponsored Universal Stormwater Management Program
The MOA includes all the attached appendices.
1. Purpose.
The purpose of this MOA is to establish a formal agreement between the DWQ and
SURF CITY that details the respective responsibilities of each party in implementing and
carrying out the duties of the Universal Stor nwater Management Program,
2. SURF CITY USMP.
SURF CITY proposes to adopt and implement the voluntary, state Universal Stormwater
Management program (USMP) on all new, proposed development projects within the
jurisdiction.of SURF CITY. SURF CITY proposes to require all developments
disturbing 5, 000 square feet or more of land, to meet the stormwater requirements of the
USMP. Additionally, SURF CITY proposes that all residential development shall control
stornwatcr through the design and installation of stornwater controls on a lot -by -lot
basis. SURF CITY encourages the use of `Low Impact Development' techniques to
achieve this to the maximum extent practicable.
3. USMP Rule Requirements.
The USMP state rule is found in the North Carolina Administrative Code 15A NCAC
02H .1020 and is found in Appendix A of this MOA.
The USMP requires that in the twenty coastal counties, new developments control and
treat the stormwater runoff frorn the first one and one-half inches of rainfall from rain
events. The USMP requires that new developments remove an 85 percent average annual
amount of `Total Suspended Solids. For detention ponds, the USMP requires the
stormwater treatment volume to be drawown no faster than 48 hours, but no slower than
120 hours. The USMP requires that the storage volume of structural stormwater controls
required by this rule shall discharge at a rate equal to or less than the pre -development
discharge rate for the 1-year, 24-hour storm. The USMP further mandates that structural
storm ater controls required by this rule shall meet the general engineering design
criteria found in f 5A NCAC 02H. 1008 (c), found in Appendix A.
The USMP rule has other stormwater control design requirements, procedural and plan
requirements as outlined in the state rule and incorporated into the SURF CITY USMP
ordinance.
DRAFT Town oi' SURF CITY MOA 7/1/2008 Page of

4. USM P Adoption and Ordinance Approval,
SURF CITY adopted the Universal Stornwater Management ordinance on
2008. The DWQ approved the SURD CITY USMP_ordiriance_on�
, 2008. 0- SU_JRF CITY I..)SN11' ordinance is round ill Appciulix B of
5. Existing Stormwater and Development Review Requirements.
This MOA does not affect any of the existing Federal, State or local requirements of
SURF CITY and owner/developers with respect to development review requirements,
except as outlined below. For example, any required CAMA reviews, Erosion and
Sedimentation Control permits, and any other Federal, State or local development review
requirements shall still be required after the execution of this MOA.
SURF CITY is exempted from the requirement of a separate state stormmwater permit for
eligible construction projects within the jurisdiction ofSURF CITY, beginning on the
effective date of this MOA and continuing for the duration of SURF CITY's participation
in this MOA.
Subsequent to the execution of this MOA, the DWQ will issue a letter to SURF CITY
notifying them that the state stormwater permits requirements are not effective for as long
as this.MOA is in place and SURF CITY remains a party.to this MOA.
6. Responsibilities of Surf City.
SURF CffY's responsibilities shall include the initial review of proposed SURF CITY
development plans, the collection of stormwater permit fees, the issuance of the
stormwater permit under the USMP ordinance, administering the procedural requirements
required under the ordinance including but not limited to, maintaining the stormwater
map and as -built drawings, the receipt of annual inspection reports, and enforcement of
the ordinance and issuing fines if necessary.
7. Responsibilities of DWQ.,
The DWQ's responsibilities shall include the review of the development plans to
determine if they meet the stormwater requirements of the SURF CITY USMP.
This review shall be accomplished by the DWQ Wilmington Regional Office.
The DWQ shall receive a portion of the stormwater permit fee for its review of the
development plans as outlined in SURF CITY Administrative Manual and in the SURF
CITY USMP Schedule of Dees.
8. USM1' Administrative Manual.
The SURD CITY USMP Administrative Manual is specified in Appendix C of this MOA.
9. USMP Schedule of lees.
The stormwater permit fee to be charged for SURF City stormwater permits and any
sharing of fees by the DWQ for plan review by DWQ staff oil behalf ol' SURF CITY are
described in Appendix D — SURF CITY USMP Schedule of Fees of this MOA.
DRAIN T Town of SURF" CITY MOA 7I1/2008 ['age of'_

10. Annual Report to DWQ.
SURF CITY shall submit an annual written report that summarizes the year's new
development approvals for the previous twelve months, The report shall include
information of the type and location of the new development, the amount of runoff
controlled and the type of structural stormwater controls used to control and treat such
runoff, and documentation that USMP stormwater design standards have been met. Tile
annual report shall include the stonnwater permit number of each new development
approved including; a contact name and phone number for each dde el%cr. �
The previous year's report shall be submitted no later than 30 days after the date of
execution of this MCA (30 days plus 12 months for the first report), each year that this
MOA is in effect.
SURF CITY shall review and comment on work, data or reports prepared by any
contractor on behalf of SURF CITY and shall notify the DWQ of any objection or
disagreement with any portion of the work, data, or reports. Unless such notice is made
within 30 days of submission of the annual report or other reports to the DWQ, notice
shall be deemed to be waived and the work, data and reports submitted shall be deemed
to be approved by SURF CITY.
11. State Audit and Revocation for Cause.
SURF CITY understands and agrees that SURF CITY's administration and
implementation of the USMP is subject to a DWQ audit and to possible revocation of the
MOA and SURF CITY USMP approval; if findings result from such an audit that are
solely determined in the opinion of the DWQ to be significant.enough to warrant
revocation of program approval.
Failure by SURF CITY to submit the annual report described in this MOA or to provide
any other requested audit data to the DWQ in the'required format may result in
the revocation of this MOA by the DWQ. Appendix E of this MOA describes the
required annual report content. One copy, signed by SURF CITY, of these and any
other reports required herein, shall be submitted to The Division of Water Quality,
Attention: Supervisor, Stormwatcr Permitting Unit, Wetlands and Stoe7nwater Branch,
1617 Mali Service Ccnter, Raleigh, NC 27699-1617. An email copy of the report shall
also be sent to the Stormwatcr Permitting Unit Supervisor.
12. MOA Changes.
This MOA may be modified by the written consent of the DWQ and SURF CITY. The
DWQ or SURF CITY may determine that it is necessary to request changes in this
agreement. Any such changes can only be made by a written amendment to this MOA
agreed to by the DWQ and SURF CITY. The amendment shall be signed by SURF CITY
and by the DWQ. Such amendments may be entered into at any time.
13. MOA termination for convenience and re -instatement of State Stormwatcr
Permits.
This MOA shall be effective until June 30, 20??, unless extended by the consent of the
DWQ and SURF CITY. Upon 90 days written notice, the DWQ or SURF CITY may
DRAFTTown of SURD CITY MOA 71 /2008 Page of

terminate this MOA for any reason. Upon termination of this MOA, any state stormwater /
requirements in existence at the time of the termination shall be re/Instated as a
requirement for new developments proposed within the}urisdiction of SURF CITY and
shall become effective immediately upon such cancellation or termination.
IN WITNESS WHEREOF, the parties have caused the execution of this instrument by
authority duly given, to be effective as of the date executed by the DWQ.
DIVISION OF WATER QUALITY
By:
Coleen 1-1. Sullins
Director, Division of Water Quality
Dated:
TOWN OF SURF CITY
Official
Town of Surf City
Dated:
DRAFT Town of SURF CITY MOA 7/1/2008 Page of'

Universal Stormwater Management Program
Local Ordinance Provision Checklist
Prov
Used
M.O.
USMP Model Ord
Y
Lan
No
Rule Sect Page Ref
1
DWO to administer coastal local USMP ordinance, in whole or in part?( Af Ave(Ff-vk-Vy cl a
2
Application to Dev disturbing 1 acre or more, or less than 1 acre but part 6flarger common plan—.9 061P 012
2
Coastal :Application to Dev disturbing 10,000 sq ft or more, or less than 10,000 sq ft but part of lar common n d 12
3
Designation of Stormwater Administrator 24
4
Effective date of Stormwater Ordinance 17
5
Stormwater Permit Requirement 20
6
BMP Design Manual 15
7
Concept Plan and Consultation Meeting 23
8
Requires control of at least first one and one half inch of rainfall d 29
9130
foot setback from all perennial & intermittent surface waters, except for roads, paths & water -dependent structures d 28
10
36 percent impervious density limit within 575 feet of SA waters d 29
11
Removal of 85% Total Suspended Solids f 29
12
Detention Pond Drawdown rate no faster than 48 hrs or slower than 120 hrs f 29
13
Post -development discharge rate equal to or less than re -development rate for the 1 year, 24 hour storm f 29
141
Meets Coastal State Stormwater Program General Engineering Stds set forth in 15A NCAC 02H.1008 c f 29
15
Time limit/expiration of approval 25
16
As -Built Plans Requirement 25
17
Recorded Deed restrictions and protective covenants to ensure dev activities will be consistent w/approved plans h 29
18
Operation and Maintenance Plan and Deed Recordation and Indications On Plat 1 35,39
19
Annual Inspection Report Requirement i 34
20
Coastal:lf 10,00 sq ft of disturbance and one half mile and draining to SA waters, MEP fecal coliform control measures ' (1 ) 31
21
Coastal:No new sw discharge points to SA waters or expansion of existing sw conveyance s st. draining to SA waters ' (2) 33
22
Diffuse flow of stormwater providing eff. infiltration of 1 r, 24 hr storm not considered a direct point of sw discharge j (2) 33
23
BMP 12 inch naturally occurring soil separation above the seasonal high-water table 30
24
Stormwater Map showing geographic ordinance coverage & location of all structural BMPs permitted under ordinance 13
M
Ve
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Dralt_Ordir?anCe for' Sur/ City,..__ M�yW ?0- 2QOt�- - - - - - - _ - - _, - - - - . - ..- - - Deleted: Univorsai Slorrnwator
..�.�.�.�.�... -------------------
Model Ordinance (2-1 i-Oi) by
Whisnant droll for review only do not
copy or distribute without express
authorizat ion ¶
Universal Stormwater Model Ordinance for
TOWN OF SURF CITY
North Carolina
Deleted: [3y Kichal I'l 1, ttanS'�
- ---"------------------- UNCSchool n (iuccaunct0,�
-- -- -------- -----`- ------- ------ ty
Deleted:

Draft Orriitl<'nce_for_Siirf Cify,.___,,.lvlpy.30, 200
Revision history
This model ordinance implements the stonmwater slandards in the Universal Stornnvater Management
Program. 15A N.C.A.0 211.1020, as passed by the lan'ironmemal %clanagenient Commission in November
2006. It follows the administration process. maintenance and enforcement requirements o0lic Phase 11
Stomnvatcr Model Ordinance. 1/1/2007 version.
Deleted: Universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
aulhorizalion�

Drtrll prdinanre for' Surt City.....,Mav_30, 0004- _ _ _ _ - - _ - - - - - _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ -
- - Deleted: Universal Storrnwaler
Modal Ordinance (2-11-07) by
Whisnanl draft for roviow only do not
copy or distribute without expr©ss
Table of Conlenls
aurtrorizarion¶
Universal Storm water- Model Ordinance.hr A'orlh Carolina...........................................1
SECIMV
1: ChA RAL PROVISIOIVS...........................................................................8
.rx-10I
Title......................................................................................................................S
xx-102
Authority................................................ .............. .... ............. ............................... 8
xv-103
Findings...............................................................................................................9
.vv-104
Purpnse................................................................................................................9
(A)
Gcncral................................................................................................................9
(11)
Specific..............................................................................................................10
xx-105
Applicability and Jurisdiclion..........................................................................II
(A)
Geiieral..............................................................................................................II
{13)
1:\eI11pI1tTnS
Deleted: Il
(1 }
Thresholds.....................................................................................................
- Deleted: 12
(2)
General exemption .........................................................................................
1
' " Deleted: 13
(C)
No Development or Redevelopmell, Uulil Conlplianee ar►d Permit ...........
....
'Deleted: 13
(D)
1lap...................................................................................................................
f
Deleted: 13
a.v-106
Interpretation ....................................................................................................13
(A)
iMeaning and Intent.........................................................................................13
(13)
'Pest Controls in Event of Conflict
•
Deleted: la
(C)
Aulhority for Interpretation............................................................................
-
;�-.-�
Deleted: Id —
(D)
References to Statutes, Repllalions, and Doc'Ilnlenh...................................
� „"
. Deleted: IJ
(1%)
Computation of `Time ........
11
- Deleted: Id
--------------- --
(F)
Delegalion of Aulhority...................................................................................14
(G)
Usage.................................................................................................................14
(1)
Mandatory and Discretionary Terms.............................................................14
(2)
Conjunclions.................................................... —................ ...........................
14
(3)
Tense, Plurals, and Gender.. ................................................ ............. — .........
] _
_ - Deleted: 15
(11)
INIeasurenicnt and Computation .................. ........I.1
-' Deleted: 15
xx-107
Design Alunual.................................................................................................14
Deleted: 15
(A)
Reference to Design itlanual ........................
I.
Deleted: IS
(13)
Relationship of Design Alantlal to Other Laws aIld Regulalions................15
(C)
Changes to Standards and Specifications......................................................15
D
AIaciidmeiwt to Design Manual
Deleted: Ifi
-v-v-108
Relationship to Other Laws, Regulations and Private Agreements ................
1_
Deleted: 1n
3

- _-.-.- i1�,+rrce for' Suff Git y, . .. Ma30, 200f _ _
I�rr/t (]r'cf�
(A)
Conflict of Laws ...............................................................................................15
(13)
Private Agreements.........................................................................................1�(
-vx-109
Set,erahilio......................................................................................................
--
-v_v-110
hjtec•tive Date and Transitional Provi.s'ions
..................................................... lam(
(A)
Effective Date..................................................................................................13.
(13)
Final Approvals, Complete Applications.......................................................11
Deleted: Universal Stormwater
Model Ordurence (2-11-07) by
Whisnant draft for review only do not
Copy or distribute without express
authorization ¶
Deleted: 16
Deleted: 17
Deleted: 17
Deleted: 17
Deleted: 17"
Deleted: 17^ ---- Y
(C) Violations Continue ............... 7_ Deleted: Ix
SUCTION2: ADMINISTRA TION AND PROCEDURES ........................ Deleted: ry
xx-201
Reviewand Decision-iVaktng Entities .............................................................
I3
Deleted: !9
- ` -
Deleted N
5torniwat£r Administrator ............................................................................�
_................................................................ ::_.:
Designation........................................ ........ --.................................................
13
Deleted: 1'1
Powers and Duties........................................................................
1 , ..
Deleted: 1 g
Revic►v I'rucedurec..........................................................................................
19
Deleted: 20
Peratit Required; Nlust Apply for Permit
Deleted: 211
Effect of Permit................................................................................................1►J
. . Deleted: 2n
Authority to File Applications
Deleted: 21)
E'stahlishment of Application Requirements Schedule and Fees
..............2©
Deleted: 21
Application Contents and Form .............................. .....................20 -
Submission Schedule.....................................................................................20
Permit Review Fees ..............................................
Administrative Manual ............................ ...................................................... 211,-
(E) Submittal of Complete Application................................................................�j
(A)
(1)
(2)
(3)
(13)
(C)
(1))
-v,v-204
(A)
Deleted: 21
Deleted: 21
Deleted 21.,.�..a.,ma,A,
Deleted: 22
- Deleted:22
Review ................. 21 Deleted.22
...................................................................................... - m-
Approval........................................................................................................21 _ Deleted:22
Fails to Comply .............. ................................................................ --- ......... 23 Deleted:22
Revision and Subsequent Review ......................................... �3_ _ .- Deleted: 2;
Applications for Approval................................................................................13 Deleted: z.r
Concept Plan and Consultation Meetitl Deleted: z�
Existing Conditions / Proposed Site Plans ..................................................... 2_ - Deleted.24
Natural Resources Inventory.........................................................................23 Deleted: 24
Stormwater Management System Concept Plan............................................23 _j Deleted: 24
Stormwater:IN'lanageateut Permit Application..............................................23 Deleted: 24
As -Built Plans and Final Approval 24,- Deleted: 25
Other Permits .............. Deleted:2s
f1pprovals......................................................................................................... �4 Deleted: 2,5
Deleted: 25
Effectof Approval............................................................................................ A _ —

Draft Ordirwric.e for; St{r/-C+ty_,_,-;,May_3Q .20Ut� _
..---------------�------------------
Deleted: Universal Storrr water
Mode1 OrdBrance (2-11-07) by
Whisnant draft for roview only do not
copy or distribute without express
(13)
Time Limit/Expiratioll ....................................................................................24
a,rhorrzarion¶
xx-205
Aypeale............................................................................................................
25
Deleted: z;
Deleted126
(A)
Right of Appeal .............................................................................................
...1-S
Deleted: zo
(13)
1 Filing of Appeal and Procedures..................................................................25
_
"- _ - Deleted: zr.
C
Review hN' Sl1 )erior Court ...... ......... .......................
-
Deleted: zt�
_ u �
Deleted : 2 s
�
SI.C17ON
3: STANDARDS .............................................
..............2
------ - --
—
x-e-301
General Standards ..............................
Deleted: m
.rr-302
impervious sut f ice rL'[1uiveaaent.►'.....................................................................
27
Deleted: ax
(A)
Setback requirement
2 7 -.
Deleted: zH
(13)
No new imperviotis or partially pervious stirlace in I'loodplain ..................7
Deleted: zH
`
(C)
ILalld drailling to Shellfish waters .........................
Deleted: 28
(D)
I Development in Critical Area o1 Water Supply Watersheds ..................
27
Deleted: 211
Xx-303
strtictural Stormit'ater control requirements ....................................................Deleted:
ZV
.x-v-305
_
StandalYl.\ fin- Storm water Control jlfeasure..................................................�
Deleted: 1e
(A)
Evaluation AccordiIlg to Contents of, Design IN]"Illllal
2_8
Deleted: zit
(13)
Determination of Adetlmacy; Presumptions and Alternatives.....................!A
Deleted: 3n
(C)
Separation from Seasonal I'ligh Water Table ...............................................29_
Deleted,.31)
.v,v-306
Dedication D•f BYVIPS. facilities & Improvements............
r
Deleted: 30
.v.v-307
VartanceS.........................................................................................................2.9
Deleted: to
xx-308
Additional sandards for .Vhec:irel.S'ituatinjls.......................................................30
" Deleted: ?!
(A)
SSA Waters j
4-
Deleted: 31
(1)
LPet wastej...................................................
.3I
- Deleted:32
(2)
No [direct Discharge or Lxpansian of Discharges to SA Waters ..................31,
Deleted: 33
(13)"Trout
��`atcrsl ..............................................................3.2
-' Deleted: 33
SF_CIYOAr4: l/IffIL'I'ANCE.......................................................................................33_".:
- Deleted:.+{
1:t-d01
General Standards for Alaintenance.................................................................
. •
Deleted: ,t{_ .
(A)
Function of BINII's AS Intended
Deleted: id
13
Annual Maintenance Inspection and Report
Deleted: 34
xr-402
Operutiun rind iLfaiitteiiiriiee Ag)-eettaclrt..........................................................:
4", .
Deleted: ,rs
----------------------
In General ..........................................
�N
Deleted: 35
�(A)
(13)
Special Requirement for Ilomeowners' and Other Associations
................ -:
" Deleted:35
xx-403
Inyection Progrant ...........................
I..
Deleted:37
-Y.i-404
Perfitnua►rcc Security for Installation rind Maintenance................................?4..
- ' -LE eleted: -r7

tJrafl_C)rclrnanCe. for SEITf Cif...... M?y 30,-_2QUF - - - - - - - _ ._ ._ ...._ ...... _ -. - _ - _ _ Deleted: Voiversal Storrnwater
Model Ordinance (2-11-07) by
WNsnant draft for review only do not
copy or distribute without express
(A) May Be Required.............................................................................................36 authorizabon¶
(B) Amount2� Deleted:37
..............................................................................................................
(1) Installation .............................. .........36 -[Delete
a7
.............................................................. _
(2) Maintenance...................................................................................................3Fy..
(C) Uses of Performance Seellrit!.......................................................................... Deleted: 37
(1) Forfeiture Provision ............................ 37 Deleted; 38
..........................................................
(2) DeiaLllt........................................................................................................... _7 Deleted: 38
(3) Costs in hxcess of Performance Sccurity......................................................3<8 Deleted:38
(4) Refund............................................................................................................ 3.. - Deleted: 39
xv-405 !Notice to owners ......................... .........33 [Deleted-..tv mm
(A) Deed Recordation and Indications Oil PI:It....................................................2Lt J Del.ted-19
(B) Signage................ ..._;_, l Deleted: 39
xx-406 Records of Installation and Maintenance Activities 38 Deleted: iy
.iv
xx-407 iVuisunce.......................................................................................................... Deleted: �..
xx-408 IMaintenunce Easement .................................. ;�j Deleted: as
SECTION 5: EiVFORCEYVIENT'AtVD VIOLA77OiVS...................................................40 Deleted: 41
xx-501 General................................................................•............................................an Deleted: 11
(A) Authority to Enforce ............. 40 Deleted: 41
(B) Violation Unlawful ..............•.• 3 . Deleted:41
(C) Each Day a Separate Offense ................ 40 Deleted:41
(D) Responsible Persons/Entities..........................................................................4Q; Deleted: 41
(1) Person Maintaining Condition Resulting In or Collstiluting Violation ......... 41, _ _- Deleted.-42
(2) Responsibility For Land or Use of Land.......................................................�31 _ .. Deleted: 42
xv-502 Remedies and Penalties ....................... ....,II . Deleted: 42
1 Y Deleted: 42
(1) Withholding of Certificate of Occupancy......................................................411 _ _ - Deleted: 42
(2) Disapproval of Subsequent Permits and Development Approvals................4l _ . _ .. Deleted: 42
(3) Injunction, Abatements, etc...........................................................................4), - _ - Deleted:
42
(4) Correction as Public Health Nuisance, Costs as Lien. etc ............................. _ _ . Deleted: 43
(5) [Stop Work Order............................................................... - - - Deleted: 43
(B) Civil Penalties................................................................................................... _ _ Deleted: 43
(C) Criminal Penalties ...................... ................ Al -,(Deleted: 44
_ Deleted:l�J
_rs-503 Proeedures........................................................................................................43 _
(A) Initiation/Complaint............................................. Deleted:44
- (B)Inspection..........................................................................................................43 Deleted:44
(C) Notice of Violation and Order to Correct......................................................Deleted: 44

j Or<ift Ordinance for Surf City .-. Mav 3t), 200f�
(D) Extension ot" I'ime............................................................................................43
(E) Enforcement After" Time to Correct.............................................................. 4A_
(F) Emergency E'W'orcenlant.................................................................................
SECTION6: DEFINIHONS..........................................................................................1.i
X.r-OOl Terms Uefiltcd...................................................................................................4 _ ....
Deleted: Universal Stormwater
Model Ordinance (2.11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization¶
Deleted: 45
Deleted: 45
Deleted: 45
Deleted: 46
�,---�--_.��.�,..
Deleted: 16 - ----- --
Built-11pon area (BUA)
Department ................
,
Deleted: a6
Designi 1.111ual.............................................................................................................
Deleted: 46
Development ......................................
;
Deleted: 46
Division ........................................................................................................................
Deleted: d7
--- ---
.,----..
_ - --- - --
Deleted: 17
1'looclplain ......................
4tyu.
---._.-....-......__......-._..__..._.-.-.-.-.-..�
Larger CUllllllflll plan Uf dCVL'll)plllCllt orsalC...............................................
� „'
Deleted: d7.............4G
I -year, 24-hour storm
Deleted: d7
J
Deleted: 47
Redevelopment.............................................................................................................
-
.. Deleted: 47
Structural BA -I I, ...........—..................................—............................. ..................... .....
44 . _.
Deleted: 47
Substantial progress ...................................................................................................A7
- Deleted: 48_
•
/Sl:C170N 7: Illicit Di�chrrlgc,c.................
d '
Deleted: J9
-----------
Del eted: 49-_.-
.l:\"-7ill III1Cll DLCGI!(!1"!;L'.ti andCPI111L'C110f1S..................................................................
---
(A) Illicit Discharges ............. ......�
Deleted: �11
_ ..- ._
(11) Illicit Connections
Deleted:5a
(C) Spills ..... -6...........
5A
Deleted:5�
(D) Nuisance .............
Deleted.-51

j Drrfl ordinance for Stirf City...... May 30, 2U0
SECTION I: GENERAL PROVISIONS
Commentary: Throughout This model ordinance, the bold underlines serve as prompts where text that is
appropriately customized For the locality should be inserted. For example, where "name of uoverning
board" is indicated in the blank, the Hanle of the local governing body— for example, "Tarheelville City
Council" or -'Dogwood County Commission" — should be inserted.
Coil nlentary from the drafters ofthc model ordinance are placed in boxes such as this. These comments
should be removed from the ordinance text actually adopted: they are not pan of the ordinance itseif
Optional provisions are provided throughout this document and arc intended to address the diverse needs of
local government depending on characteristics such as population, Financial resources, and staffing
resources. Optional provisions are shown in [brackets] and generally are accompanied by some explanation
in the commentarv.
I f adopted in its entirety, either with or without the optional provisions, this ordinance is designed to ensure
that communities comply with Phase II post -construction requirements along with the other North Carolina
state stornnvater requirements listed in the Universal Stormwater Management Program (USM1') rule, 15A
N.C.A.C. 2H.I020(b). Local governments may snake changes to or omit any of the model's provisions, but
the resulting non-standard ordinance will have to be reviewed and approved by the Division of Water
Quality of she North Carolina Department of Environment and Naturd Resources before USNIP
compliance is assured.
Defined irrms are shown in italics. The definitions section of the ordinance is at the end.
Footnotes give information on the original source of the text language. Note that changes may have been
made in the source language to better match North Carolina's net_�ds.
xx-101 TITLE
`Iris ordinance shall be officially known as "The Universal Stormwater Management
program Ordinance." It is referred to herein as "this ordinance."
xx-102 Aurl-IORITY
Deleted: Universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization ¶
The oard of Cbnlrnis Monet-, of the TL «hh of Surf_ GtV is authorized to adopt this ordinance - f Deleted: (name of 7owi-ni Y boareil
pursu..ant to North Carolina law,, including but not limited to Anicle 14, Section 5 of the
Constitution of North Carolina; Charter of the Town of Surf Gt); North Carolina General _ _ -4 Deleted: (nanw of mkinicip,l chaner,j(
Statutes 143-214.7 and rules promulgated by the Environmenta] h4anagement Commission rrlelan
thereunder; Session law 2006-246; Chapter 160A, % 174, 185 and (cite an)� special Deleted: I
legislation applicable to the specific local government]. [; as well as Chapter 113A, Anicle 4
(Sedimentation Pollution G)ntrol)][; Article 21, fart 6 (Floodway Regulation) [; Chapter
160A, Article 14 (Planning and Regulation of Development); Chapter 153A, Article 18].
Regarding this section which recites authority for this ordinance: Somejutisdictions may wish to integrate
this ordinance with a local erosion aad sediment control ordinance, in which case adding the reference to
Chapter 113A is appropriate. Some jurisdictions may Wish to integrate this ordinance with existing
iloodway regulations, in which case adding the reference to Chapter 143, Article 21, Part 6 is appropriate.
Note that both the erosion and sediment control and floodway regulations are appropriate for integration
with USMP storinwater controls, but each of these programs has particular requirements that are not
covered in this model ordinance.

Drafl Ordinanco for Surf City- ...May 80, 200F>, - - - Deleted: Universal Stormwater
Model Ordinaoce (2- f 1-07) by
Whisnaw dt;att for review only do not
drs r to r 1t t
Local governments dial anticipale including a program of open space acquisjlion as pan at of their stornnver
program should include a reference to statutory authority for that function here as well (Article 19. Part 4,
Chapter I60A, as well as G.S. 160A-372).
Jurisdictions that are-idoptirg this ordinance as part of a land use ordinance or unified development
ordinance should include a reference to statutory authority for planning and regulation of development
(Chapter 153A, Article 18 (Parts 1, 2, and 3), including particularly but not limited to G.S. 153A-324
{crtloreerneni), G.S. 153A-330 and 331 (subdivision), and G.S. IS3A-340 (zoning),
Whether or not this ordinance is adopted as part of I:utd use regulations, local governments should follow
the standards for adoption/amendment of'such ordinances set out in G.S. 153A-323 (for counties) and G.S.
Ihl)A-3G4 (fnrcilics) (requiring a public hearing)
xx-103 FINDINGS
[t is hereby determined that:
Deu%fnrrm and rakt� [nrr'r11 alter the hydrologic response of local watersheds and increase
stortnw;rter nmoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment trrnsport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater ntnoff cont:ibutc to increased quantities of wetter -borate
pollutants and alterations in hydrologythat are harmful to public health and safetyas well as
to the natutal environment; and
These effects can be managed{ and minimized byapplying proper design and well -planned
controls to manage stormw,ter runoff from eleudrpnrMtt sites.
;hlte preceding paraggtph should not be included by ijurisdiction that is adopting this ordinance_ without -
having been designated as subject to (lie Phase 11 state and federal stormwater requirements.
Therefore, the Board of Commissioners establishes this set of water qualityand quantity
regulations to meet the requirements of state and fedeml law regarding control of
stornnwiitcr runoff and discharge. 1
xx-104 PURPOSE
(A) General
copy or rr IQ wr rou express
autirorizationT
Deleted: Further. the Federal `aritcr
Pollution ConmA Act of 1972 ("(7em
Crater Act") and federal PhLse 11
Storrnu:tter ]rules pmrttulg:ued under it, as
well as rules of the North Carolina
F in ironmentak 1,tanagetnent Crnunoission
pmnndgarrd in �opml,se to fc(1ci.il I'lt2sc
11 rcquirenrcnts, Compel M11h) urkinncd
areas. including this jurisdiction. io adopt
minimum stornrw:tter controls such -.vs
those'tncluded in this ordinance.T
Deleted: (name of vnverri XmD
'111e purpose of this ordinance is to protect, maintain -,Ind enhance the public health,
safety, environment and general welfare byestabLishing minimum requirenents and
procedures to control the adverse effects of increased post-deuiilnnz-v stonmvater
runoff and nonpoint and point source pollution associated with new deutrapnvr and
rt kxd°!" ra1Ltt has been determinedm
pp
that proper ane Bemconstruction-
ent of constction- Deleted: t. es into
-------------------------------------------- [;rll as illicit t1kelrat� ..
related and post-deutrrywor storms tter runoff will minimize damage to public and m,micip.d +11)1 llwxor spicnis)
private propertyand infrastructure; safeguard the public heath, safety, and general -
welfare; and protect water and aquatic resources.
Adapted front StormwalerCenter/1-1'A Model Ordinance.

Graff Ordinance for Surf CitV......may w 20Utt_ _ _ _ - r _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- Deleted: Universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
Commentary: The optional reference to illicit discharges should be included only if the jurisdiction is
using this ordinance to add to or integrate its powers to regulate illicit discharges into the municipal
stonwater system. lliicii discharge control is one of the six required minimum measures of Phase 11
stornswater programs; Phase 11 communities must implement an illicit discharge program. But the timing
and approach to illicit discharge controls may vary from the tinting and approach to post -construction
storinwater control, which is the required Phase 11 minimum measure at which this model ordinance is most
directly aimed. A separate sci oFrnodel provisions for illicit discharge control is provided in optional
section 8 of this ordinance.
The other minimum measures mandated it) Phase II stornncater programs —public education and outreach;
public participation and involvement; construction site runoff control; and pollution prevention/good
housekeeping— should also he pursued by thejurisdiction as pan of its Phase II program.
(B) Specific
Commentary: The locality adopting the ordinance may wish to supplement the objectives included below,
depending on the nature of its stortnwater program and specific local needs. ']'his list is a general set of
objectives to reduce the impacts of post -development stormwater runoff quantity and quality from land
development activities. More specific objectives might be included by the locality adopting the ordinance
based upon a watershed management plan, impervious surface targets, the findings of a watershed
assessment or study, a local water quality problem or Total Maximurn Daily Load (T\I DL) requirement.
'lltis ordinance seclus to meet its general purpose through the following specific
objectives and means:
1. Estabhsbing decision -making processes for deu4nrru that protect the
integrity of watersheds and preserve the health of water resources;
? Requiring that new cleuloprrrnt and nrfc'relgpmv maintain the pre-rleu{rpnv
hydrologic response in their post-deudgrrrW1t state as nearly as practicable for the
applicable design storm to reduce flooding, streambank erosion, ❑onpoint and
point source pollution and increases in stream temperature, and to maintain the
integrity of stream channels and aquatic habitats;
3. Establishing nunintum post-deuiopn,tm stornswater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality,
4. Establishing design and review criteria for the construction, function, and use
of stnutural stomawter BMA that may be used to meet the minimum post-
rleulop 7ma stormwater marragemenc standards;
3. Encouraging the use of better Trianagement and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maxnnum
extent practicable;
Cormentary: The term "maximum extent practicablC' is not defined in the federal Phase 11 rule or the
temporary state rule. However, the commentary accompanying the federal rule clarifies that the "maximum
extent practicable" standard should be applied in a site -specific manner taking into account cost
considerations as well as protection of waler quality. It appears, therefore, that a site -specific review should
be performed to ensure that vegetated conveyances in low -density projects meet this standard.
10
copy or drstrtbute without express
authorizat ion ¶

Draft OrdiRJn Go for Surf _City. --_. May30. 2004--_--------------------- - - - - --
G. Establishing provisions for the long-term responsibility for alit] maintenance
Of strrarrrrrtl drrI hV6111trttrral stOMWiter13M1's to ensure that they continuc to
function as designed, are niaintailied appropriately, and pose no threat to public
safety-,
7. Establishing ad 111111 ISLra Live procedures for the submission, review, approval
and disapproval of strmrnntcrnurut�erii�tl pluru, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
_Controlling erosion and sedimentation front consurtetion activities~ -
9. Assigning responsibility and processes for approving the creation anti
maintenance of adequate drainage and flood damage prevention nreasures,
t
Cormnentary: Optional provisions 8, 9, 10 and I I are approprisrle only if the jurisdiction is hits w6ilg this
model ordinance wish existing programs For open space protection, illicit discharge control, erosion and
sediment conunl for construction, andior Iloodway and related drainage rcgulalion. Any such cxisling
programs may be good candidates for inclusion in an integrated stormwaler ordinance, which would have
the advantage of collecting most or all the relevant stormwater-related development requirements in a
single place. I lowever, this model ordinance does not attempt to provide comprehensive substantive
provisions for these programs.
xx-105 API'IACAIIILITYAND JURISDICHON
Conuncniary: The applicability mandate in the USMP rule ( 15A NCAC 211.0120) varies lur counties
Within versus outside the Iwetity-county Coastal Area ,Management Act ju:-isdiction.
, Vested rights should be determined as provided in G.S. 160A-385.1, G.S. 153A-34d,1, and other
applicable provisions of statutory and common law. To the extent that post -construction tneasures are
implemented by means other than a zoning ordinance, vested rights should be determined as provided by
applicable statutory and common law.
(A) General
Beginning with and subsequent to its effective date, this ordinance shall be
applicable to all r(cu opi ntt and nrle 4nmt, including, but not limited to, site plan
applications, subdivision applications, and grading applications, unless exempt
pursuant to Subsection (B) of this Section, Exemptions.
(11) Exemptions
( l) Thresholds
[The first set of exemptions given below is for developmem within the twenty -county Coastal Arca
Management Act jurisdiction- Units adapting this ordinance should choose either these first exemptions, if
they are within the CAIv1A counties, or the second exemptions, if they are outside the CAMA counties:
11
Deleted: Universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authoriza ticn T
Deleted: [9. Co, udinmting site design
plans rh.it include open space and nuw•a
area with the (uune of the umlu zacc a
rruhaww'ATIV IAIWEEffilr[�e�o
Deleted: I
Deleted: [It
Deleted: ]

Drag Ordinance for Surf City...,..INWIV 3U. 200F3, - _ _ _ - - -- -. - Deleted: Universal Stormwater
Made) Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
J�opr oz that cumulatively disturbs less than�it_e thousand square feet of land and authorization¶
is not part of a IaYj� lra)mlus1 plena cfrleWY0p?r3u or sale is exempt from the provisions of Deleted:;
this ordinance, r,W,�:`:�:"t'",:�:,:--......:..:.::..:.::.:�::::::::^:^:":^:,,m �:.
Deleted: ten
RaleziYoprriv that results in no net increase in built-arfxxi amra and provides equal or
greater storm%tater control than the previous development is exempt from the Deleted: 1
provisions of this ordinance,
The second set of exemptions given below are for development outside the twenty -county Coastal
Area Management Act jurisdiction. 'l'lic adopting unit should choose either the first (above) or
second (below) set of exemptions.
r.-------------------------------------_----
Detttroprt;ry and mlCztbtpon7t that disturb less than4ivc thoush tnd square fret of land
are not exempt if such activities are pan of a IrrWnxnn)n plena orrleulq???iru orsale
that exceeds the area threshold, even though multiple, separate or distinct activities
take place at different times on different schedules.;
(2) General exemption
Activities that are exempt from pernut requirements of Section 404 of the federal
Clean Water Act as specified in 40 CYR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this ordinance.
(C) No Development or Redevelopment Until Compliance and Permit
No rkttbynrrrrtt or ntleu>rrapnm shall occur except in compliance with the provisions
Of this ordinance or unless exempted. No rLtlgnnisl for which a permit is required
pursuant to this ordinance shall occur except in compliance with the provisions,
conditions, and limitations of the permit.
(D) Map
Commentary; The geographic coverage area is determined by reference to the standards in Session Law
(SL) 2006-246., The Division has created it geographic information system (GIS) that can be used in
conjunction wish local GIS data to showjurisdictional limits. Local governments that adopt this ordinance
in whole or part should consider designing their maps so as to integrate easily with this Vivisirnl GIS.
Deleted: lResidentr l &viffnrrn Hiatt
cumulatively disturbs less than nne acre
and is not pan of a IrnNcrmrnrrxtivau yr
rLuigmzri or5ale, and non-residential
rietripnvlr that cumulatively disturbs less
than one-half acre and is not pan of a tnriT
anywi pbri r frivic)tnrtru ur c,de is exempt
from the pro%Isicris of this ordinance.
Rakvkfwtvoutsidletheflrrtipl wth.it
residts in ro net, increase it herb-ulxvtmtn
anl{ provides cgiLd or greater ston7 M1s.11er
Control than the previous dcvclopn><'ut is
exempt from the provisions of this
ordlnuxe ;
Rtrfcw'epu7it of residential structlims that
results in no net increase in limit-iqt rams
and provides egtu'd or greater stnmtu'ater
control than the previous development is
exempt from the provisions of thk
ordinance whether or not wit}tin the
fiaxl/tl rk I
MY47di l imir of nun- res idcTit ial st rucit gyres
that disturbs less than one -hail acre, that is
n<x part of a Garbs+ mnemiplrrn ref rLvic(nats
orwle, that is within the florfpl tia , and that
results in no net increase in balr-ryxv vw
and provides equal or greater stonilwater
control than the previous development is
exempt front the provisions of this
ordinance.;
Deleted: a stated area threshold
'Ihe provisions of this ordinance shall apply within the areas designated on the map
titled TZoning-Boundan^ fo the Town of Surf Gtv, North Carolina"r l 11e %wtin Deleted: "t1.SNM Storrmater Map of
1\4a t which is adopted simultaneously herewith The7ot__ tine Nlap and -all- - - _ GLnl gf Iocal government)
explanatory matter contained thereon accompanies and is hereby made a part of this Deleted: ("the stormaater t>,p^}
ordinance' Deleted: Stotniwater -
Ilie Zgning.N1<ap shall be kept on file by the StOMV, :ttet-Adnunistrtlor and shall be _ .. { Deleted: stornwater
updated to take into account changes in the land area covered by this ordinance and
the geographic location of all sma Ural B,1,11'- permitted under this ordinance. In the
event of a dispute, the applicability of this ordinance to a panicttlararea of Land or
3 Adapted from the North Georgia Model Ordinance.
Adapted front North Carolina Model Walershed Protection Ordinance.
12

Chef Ordinance for Surf City ..... May 30 2004_ _ -------------------- - - - - --
- _ _ _ - _ _ _ _ -- Deleted: Universal Stormwater
Model Ordinance r2-11-07f by
Whisnanl draft for review only do not
copy or distribute without express
13ikIll shall be detennined by reference to the North Carolina Statutes, the North authorization]
Crolina Administrative Code, and local zoning and jurisdictional boundary
ordinances.
xx-106 I NTE RI'RE'1 NI'I ON
Conuntentary: Each local government should consider whether to use existing rules of intelpicialion, if any
are in eurrenl use for outer ordinances, or whether to adopt the ones provided here, If the local government
uses existing rules, they should be fully reviewed for their polential effect on the application of This
ordinance.
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
constiAied according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in jhe Town of,5urf Cat Qrdinances., the meaning and application of the Deleted: tn.vrre of murnwip,jjjtvs nr
term m this ordinance shall control for purposes of application of this or -(Ill cnuncy s «t �[ orb a1n«-sl
(13) 'Text Controls in Event of Conflict
in the event of a conflict or inconsistencybetween the text of this ordinance :and
any heading, caption, figure, ill List t:ation, table, or map, the text shall control,
(C) Authority for Interpretation
'11tc Stormwater Adnninistnuor has authority to determine the interpretation of this
ordinance. Anyperson may request an interpretation bysubmitting a written request
to the SLOrrnw:ater Administrator, who shall respond in writing within 30 days. '111c
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the DaigriAlanna�, or document, it shall be construed as a reference to
the most recent edition of such that has been finalised and published with due
provision for notice and comment, unless otherwise specifically stated.
(I-) Computation of Time
71ae time in which an act is to be done shall be computed by excluding the first day
and including the Last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holicla , observed b tlie;I o �r surf t r, the deadline or re aired date Deleted: f,� s I,x•,t,.0.. „,x�ra
Y 5 Y - - --------`1-------~"
of action shall be the next day that is not a Saturday, Sunday or holiday observed by Deleted: rna,u of jQL UajL;ruauntl
the,! References to days arc, calendlydays unless othcrunse Stated.
s I'rovisiorts A through H were adapted front Town of Cary Land Development Ordinance.
13

Dralf_C)rriil_rnce lar Sirrf City...„.,_, _h� ty 3(1,-2(JO _ _ _ _ _ _ _ _ _ _ _ u u - - - _ _ - _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - -. Deleted: universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
(1) Delegation of Authority copy or distribute without express
authorization¶
Any act authorized by this Ordinance to be carried out bythe Stonms3ter Deleted: (name of firm gorecnnx nt)
Administrator of '1'_c�um of Surf C itvstaay be carried out by kris or her designee.
(G) Usage
(1) Mandatory and Discretionary Teens
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to complywith the particular provision, The words "may'
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follo ts: The word "and" indicates that all connected items,
conditions, provisions and events apply. '17te word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feruinirte gender,
and vice versa.
(1-1) Measurement and Computation
I_ot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
xx-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stommater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the.LJortli Carolina Division of Deleted: De* Manual
Water Qitalin; SiorMW-aLer Best Ptactices Practices Nklanual (oecij r7rctal) as the Formatted: Font: Italic
basis for decisions about stormwater permits and about the design, implementation
and performance of stnvural arrit nwstnaimd stornzmterBMA
The Dcsign Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality oeleted: the Phase ll
performance standards of ylus ordinance and other applicable stormwater laws v
" From Stormwater Center/EPA Model Ordinance.
14

Draft Ortfiaanco far Surf City_.., May 3 ), 2�0
(B) Relationship of Design Manual to Other Laws and Regulations
Commentary: This provision is intended to prevent a situation where another. less stringent standard has
One force of law, and might be interpreted as overriding the design manual if the manual does not have the
force of law - for example, \%,here a community has an enacted standard for storm servers that are Its be
accepted into the public maintenance system, and this enacted standard is less stringent than the guidelines
in the design manual.
If the specifications or guidelines of the Daig?Afarrrral are more resttictive or apply:(
higher standard than other lanes or regulations, that fact sliall not prevent application
Of the specifications or guidelines in the DcsignMamral.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Daignrbfarnad are: incnded subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information shall
Control and shall be utilized in reviewing the application and in implementing, this
ordinance with regard to the application.
xx-108 ZI;LA•1•IONSHIPTOOTIIEItLAWS,RFGUI.AI•IONSANDPRIVA'1'EAGRELMI NTS
-
------------------------------------------- -
----- ------
(A) Conflict of laws
Commentary: This is a standard legal provision that generally provides that the stricter haw or regulation
will control In the ever11 of conflict.
From it policy r.vher than a legal perspective, it should be noted that ordinances and standards in many
communities may interfere with effective site design and planning for stormwater management. Some
examples may include:
'7 Excessive curb & gutter requirements that increase directly connected impervious areas
discharging directly into the stornnvater conveyance system
:' Sweet design standards that provide for overly generous pavement widths in lore -traffic areas
? Minimum residential lot sizes and other ordinance provisions that hinder sensitive site layout designed
around riparian buffers, conservation of open space and clustered development.
? Oversized minimum parking mluirerents that result in large paved parking lots
? Building codes that add Io the cost of rehabilitating older buildings, prevent adaptive re -use it) existing
urbanize(] areas or promote greenfield development
? Nuisance code provisions that limit vegetation height and restrict wildlife habitat
Thus, many common development standards tend to promote the creation of impervious surface at)(]
encourage sprawling, low -density land use pattems that actually worsen stormwater problems, especially
when viewed it the watershed scole.
Each jurisdiction will need to consider its standards and ordinances in light of their effects on stormwater
runoff. For example, curb & gutter policies may need to be reformulated to allow alternatives that let
stormwater flow across vegetative strips before it is sent to the stormwater conveyance system; plaming
islands may be requircd to limit the impervious surface in cul-de-sacs; and smaller lot sizes with cluster
provisions can permit open space in yards to be reconfigured as preserved common open space. A number
of North Carolina cities and counties have adopted the new "Rehab Code" which provides adjusted
15
Deleted: Universal Stormwaler
Model Ordinance (2-11-07) by
Whisnani drat! for review only do not
copy or distribute wilhoul express
authorizalionT
rDeleted: <# >I Amendments to
t7csi •n rvl urall%
Cnnmrc nlnry: I his optional %eclion
vnuld he rckucant it';] special lomftl
dcsipu manual is in use%ii
1'111r ihsi��rSLuteri ut:ty be updated utd
eXparded (r�mt tints ur dine. h.tscd on
advanccnlcros it u•chnolugyaud
engineering, improved luumicdge of local
condirimm• or I«al nx>niloring or
u rairncnance rxlx•rinxr ��
frier to amending or updad,ng the tk ter
,ilamd, proposed changes %hall be
pnenallypubh6ecd and made avaiLible for
review, and an oppcmunin• for comment
byinu•rc•stcd txrsors shall be pro.•ided.11
CForrnatted: Bullets and Numbering

Dr_vff Ordin<+rrce for Surf G_:_.__May_;i(J,.,_1t70E� _ _ _ _ _ _ _ _ _ ._ _ _ -. - Deleted: Universal Stormwater
-------------------
ModelOrdiname (2-11-07) by
Whisnant draft for review only do not
copy or dislribote without express
building code standards to promote the re -use of'older buildings (information available at aothorizationq
%vu,w. ncrehabcode.cm ).
If possible, communities should undertake a comprehensive review of their policies and standards with the
involvement ol, planning and zoning staff, public works or engineering personnel, and the Stormwater
Adrninistrator, with the goal of reducing regulatory barriers and enabling designers to develop plans that
deal with sionnwaier in the most environmentally sound and cost-effective ways.
"17ais ordinance is not intended to ntodifv or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
addition to the requirements of any other ordinance, rule, regulation or other
provision of law. There any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and "welfare shall
controls
(B) Private Agreements
'I'his ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. In no case shall the Town. of Surf Qv -be obligated to � Deleted: f locil %1-r"y 1
enforce the provisions of any easements, covenants, or agreements between private
parties?
xx-109 SEVERABILITY
If the provisions of anysection, subsection, paragraph. subdivision or cLtuse of this
ordinance shall be adjudged invalid bya court of competent jurisdiction, such judgment shall
not affect or invaliciate the remainder of anysection, subsection, pangrtph, subdivision or
clause of this ordinance.
xx-110 EFFF GI'1 VF DrCI'E AND TRANSITIONAL, PROVISIONS
(A) Effective Date
This Ordinance shall take effect on 200
(B) Final Approvals, Complete Applications
All deuaro/nrenl and mktdprm projects for -which complete and full applications
were submitted and approved bvthe To -,vat of Surf [:itv riorto the effective date of Deleted: fuame of Icxal eovcrnnxnA
this ordinance and which remain valid, unexpired, unrevoked and not otherwise — — -
terminated at the time of deuilrurt or mfetdoplmrtt shall be exempt from complying
with all previsions of this ordinance dealing with the control and/or management of
n Froin Metro North Georgia Water Management I)istrict Model Ordinance.
' Adapted Isom Town ol'Cary Land Development Ordinance.

praft-_Qrcfrruorir_o_!pu Sr rf City- _.. May 30.�M4 _ _ _ _ -- .- - Deleted: Universal Storrntweter
-------------------------------------
Model Ordinance (2-11-07) by
Whismartt draft for review ooly do not
Copy or distribute w4houf express
post -construction runoff, but shall be required to comply With all other applicable ourhorizarionq 1
provlslon,�......... ............. ............ .... .. ........ .. .. ..... ..... ... ......... .......... _ .,..,.... .... -,.... .. _ ...Deleted ( uih dnig but n oI limited to
llicil diuhi },� t ro vk m j jl
Commentary: As noled, illicit discharge provisions are optional for this ordinance, although a Phase fl
conuttunily must address illicit discharges through a legai mechanism as one of the six minituum measures
required by Phase f I. if included in this ordinance, then the last phrase should be added. Ville ordinance is
adalmed by the local jurisdiclion to incorporate addilional components in adduion to post -construction
runoli'control and illicit discharge, the paragraph above should be revised to reflect the applicable
provisions (as in the case of illicit discharge) regardless of when a complete application was submitted and
accepled.
A phased development plan shall be deemed approved prior to the effective data of
this ordinance if it has been approved byall necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shoals:
1. For the initial or fiat phase of development, the type and intensity of use for a
specific parcel or parcels, including at a minimum, the boundaries of the project and
a subdivision plan that has been approved.
2 poranysubsequetu phase of development, sufficient detail so that
implementation of the requirements of this ordinance, to that phase of development . - Deleted:
would require a material change in that phase of the plan,i0
(C) Violations Continue
Any violation of provisions existing on the effective date of this ordinance shall
continue to be a violation under this ordinance and be subject to penalties and
enforcement under this ordinance unless the use, rkrrltymrnt, construction, or other
activity complies with the provisions of this ordinance.tl
SL 2006-2d6.
Adapted liom']'own of Cary Land Development Ordinance.
Ft1

Ura?l- (fir_- r 8r10E for Surf viiy__ !bi<ty_3O. 23C?f _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ....._ ......_ ._ _ _ _ _ _ _ _ _ - - Deleted: Universal Stormwater
Made! Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
SECTION 2: ADMINISTRATION AND PROCEDURES authorization¶
Commentary: Jurisdictions should consider how to coordinate the stormwater review process with local
land development approval procedures. Activities that trigger stormwater review can occur earlier than
activities that trigger a zoning permit or prelirninary subdivision plat, and so the stornwater permit review
should occur earlier than a building permit or a zoning permit (sometimes called a "change -in -use
approval," "certificate of zoni ng compliance" or similar name). Communities that administer their own
grading permit, or that rely on a state -issued erosion and sedimentation control plan approval, should
ensure that storntwater permit review occurs prior to or in conjunction with that grading or sediment and
erosion control plan approval.
In some cases, a storntwater plan for a subdivision may require revision when the prelitninary subdivision
plan is finalized. One approach to managing the process would be to require an initial stormwater approval
as a prerequisite for prelirninary plat approval; then after the prelirninary plat has been approved, the final
stormwater permit can be approved, provided that nothing has happened in the preliminary plat stage to
cornprornise the stormwater design. Alternatively, the final storntwater permit could he obtained in
advance, and the subdivision review process could require a signoff from the Storrmwater Administrator
affinning that the plat is consistent with approved stormwater plans.
xx-201 RP.VIF W NND DECISION -MAKING ENTITIES
(A) StomiwaterAdministrator
(1) Designation
A Stormwater Administrator shall be designated by the Wl'nu_t1_of_ Surf Qtv Deleted: na „c of yoverniniz t ovd
Boaid of (xrz it zissioncr�to administer and enforce this ordinance.
Commentary: The person designated as the Stornwater Administrator will need to have the technical
background and expertise to carry out the duties outlined in the ordinance. It may be necessary for some
conurrunitics to contract out the position either to another local government or possibly to a private entity.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the Tovai of Suif Cat, --end other laws, the Stormwater Administrator shall Deleted: 11XW of local munici aj nr
1
have the following powers and duties under this ordinance: counry «,del
1
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make _
recommendations to the'l'own of Surf Cit on applications for l of ,nS bou Deleted: fname en
&Zdaprrolt or nrlewlq"mt approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
18

-- - -
Deleted: Univorsol Sioralwalor
Moriol Oidinance (2• f 1-07) by
Whisnaot dratl for rEviow only do not
c. To maintain records, maps, forms and other official materials as relate
copy or distribute wilhoul uxprass
aalhorizalrorl�
to the adoption, aIriendment, enforcement, and administration of this
Ordinance.
I f. To provide expertise :and LCChmcal assistance to the l Owll of .Simi Crty,
Deleted: {n.me`of ;;ncrrnii�b"mi awt
upon request.
it a �turnntnter L-ud L. e,tablLheA the
[aallxnr,1111 bo"li as Kiln
g. To designate appropriate other person(s) who shall carry out the
powers and dtrL1C$ of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
xx ZOZ IkI. VI I, W 111Z0(-I:f)U1tI:5
(A) Permit Required; Must Apply for Perrin
A storanvater permit is rcgt6red for all druAp?n-rrt and micr4n z unless exempt
pursuant to this ordinance. A penitit ilaay only be issued subsequent to a properly
submitted and reviewed permit application, pursuant to this section.
(11) Effect of Petnait
A stornwater perlln shall govern the design, installation, and construction of
stortnwater management and control practices on the site, including structund PAIPi
and elements of site design for storllwater management other than smiaurrli BMIIs.
'11ae permit is intended Lo provide a mechanism for the review, approval, and
inspection of the approach Lo be used for the m:ungenient and control of
Aornaw.ner for the Aczcd(puni or nricu5llmoit site consistent With t11C requirements
of this ordinance, whether the approaCh consists of slnrcturdi I3MPs or other
techniques such as 10W-rll)paCL or low -density des ign.'I'he permit does not continue
in existence indefinitely after the completion of the project; rather, compliance after
project construction is'ssurcd by the maintenance provisions of this ordinance.
Conlnleniary: This provision mandates a permit for stornnvater management on all non-exenipt sites. Bolls
structural IIMPs and site design are covered by the permit review and approval. For example, if a site uses
primarily low -impact development rather than specific BMPs to manage and control stornlwater runoff, the
design and layout are subject to review and approval under a stornlwater permit, just as are the design and
layout of BMPs.
However, as the provision makes clear, the pennit is for the construction period only and does not normally
endure past post -inspection approval. Ongoing maintenance of BN4Ps is ensured by Section 4,
Maintenance, which gives specific requirements for ongoing operation and maintenance, including a
recorded O&M agreement that is binditig on subsequent owners, annual inspections, reporting, and record -
keeping requirements.
(C) Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Storrinvater
Administrator by the land orarrOr the land ozar✓s dulyauthorved agent.
19

lJfaff.-Carc_lin�.+rrcc.for Sr,ff.C tY:_.,., _May 30,., 2011Fj _ .- ._ _ _ _ .- -. - - - - -
Commentary: The local government may choose to beat stornnwter applications by persons other than the
owner/sole owner in the same way that other such applications (such as zoning requests and variances) are
treated.
(D) Establishmettt of Application Requirements, Schedule, and Fees
( l) Application Contents arid Fotnt
The Stortmvater Administrator, hall establish requirements for the content and
form of all applications and shall amend and update those requirements from
time to time. At a minimum, the stormwater permit application shall describe in
detail hou, post-tleztiopn it stormwater runoff will be controlled and managed,
the design of all stornwater facilities and practices, and how the proposed
project will meet the requirements of this ordinance.
(2) Submission Schedule
Ilse RorniNkwer Administrator shall establish a submission schedule for
applications. '17te schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring -that there is
adequate time to review applications; and that the various stages in the review
process arc accommodated.
Deleted: Universal Stormwater
Model Ordinance (2-11.07) by
Whisnant draft for review only do not
copy or distribute without express
authorize tion it
Deleted: [Sloimu-ater Advi%ory 3n.vdJ
Deleted: [Stor u,vatcr Advisory t wrc11
[OptI'Uk,! pmusicwt. Replace first sentence with "The Stornwater Administrator
shall establish a submission schedule for applications, which shall be reviewed Deleted: inan,c of >v< „ ,t t Dori{t
and approved by the;lbwii of Surf City Stormwater Advisor: Board].] - - - - -
(3) Permit Review Fees
Deleted: (none of tovw, boa d
1heluwm of Surf City shall establish permit review fees as well as policies
rcgarding refund of any fees upon withdrawal of an application, and may amend
and upd:uc the fees and policies from time to time.
Commentary: Fees for Slate stornnvater permits are limited under G.S. 143-215.3D to $420. The
jurisdiction should consider whether to use this sarne limit in order to be consistent with state -issued
permits. Alternatively, under the reasoning of llomebuilder's Association v. Charlotte, 336 N.C. 37 (1994),
which upheld the inherent power of North Carolina local governnnents to charge fees to cover the costs of
regulatory programs, Ihejurisdiciion could analyze the full costs of its Universal and set its fees at some
reasonable level that is expected to cover those costs.
Commentary: Fees for application review should be distinguished front fees or user charges that a
jurisdiction may want to impose as a means of paying for its ongoing stormwater program as a "public
enterprise" (also known as a "stormwater utility"). North Carolina law allows the imposition of such fees
and charges, but only with the process and limits set out at G.S. § 160A-314, The best practice for all
jurisdictions adopting this ordinance or similar Phase 11 ordinances would be to schedule and hold a public
hearing in accordance with § l6OA-314, whether or not user fees will be assessed to pay for the stormwater
program. This ordinance does nol attempt to set out the additional provisions that would be needed to
create a stormwater utility.
20

farzilf. C7rtfirrimrf .lC}r Surf City::,m..:.;May 30-1(1Ut�- _ _ _ - - - - - - - - - - - - - - - - Sror _ _ --- -- Deleted: U - nr✓©rsal mwafar
_ _ _ _ _ _ _ _ _ _ .- _ Modol Ordinnaco (2-11-07) by
Whisnaot draft for roviow only do oot
copy or disfribide without express
( Adntin is t,,tive Manual authorization¶
For applications rcqu4 under this Code, the Storinmiter Ad ministnitor shall
oronapile the applicat m a requirements, submission schedule, fee schedule, a copy
ihiii+t and information on ]tow and where to obtain the Design
Manual in an Adminisuative Manual, which shall be n-Ltde available to the
public.
Commentary; The Adntinislrative Manual niay be as simple as a Ihrec-ring binder containing in one place
the updated master versions of the ordinance, fee schedule, application requirements, submission schedule,
and so on. Copies of the information can be made available to the public as pltnlocopied handOUIS, or simple
brochures at the pennit counter, clerk's office, or other convenient location.
(F ) Submittal of Complete Application
Applications shall be submitted to the Stonmw:tter Administr alOr pursuant to the
application submittal schedule in the form established bythe Stontnvuer
Administrator, along aaith the appropriate fee established pursuant to this section.
An application shall be considered as tintelysubmitteci onlywhen it contains all
elements of a complete application pursuant to this ordinance, along With the
appropriate fee. If the Storluwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and sliall be
provided avith an opportunity to submit a complete application, I-lowever, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
(F) Review
E g}
Within YS
30 working cta after a complete application is submitted,)the Stoninvtter
—_ .--.__-----_ - -. __--...-...-..-.._._----..... Deleted:
....
Administrator shall review the application and detennine whether the application
complies "N7th the standards of tills ordinance.
Commentary: The time limitation here and in subsection (3) below is optional. The adopting local
government may wish to consider allowing increased flexibi lity in review linies for a period of time
immediately following adoption of the ordinance, as both staff and applicants adjust to the new
requirements.
(1) Appro-ml
If the Storrnwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. 'I1ae Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. Aic conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stornw:ner Administrator finds that the application fails to comply with
the standards of this ordinance, the Stonnwater Administruor shall notify the
applicant and shall indicate how the application fails to comply. 'llte applicant
shall have an opponunityto submit a revised application.
21

Deleted: Ur7rversal Stormwater
Model Ordiriarce (2-11-07) by
Whismmt draft for review ortly do nol
copy or distribute without express
(3) Reirision and Subsequent Review authorizar;or,q
A complete revised application shall be reviewed by the StOrnlwatCr
Administrator [uathin,i0 working days) after its re_subrnittal and shall bef Deleted:
approved, approved with conditions or disapproved.
—..........-.
if a revised application is not re -submitted «itltin thirty (30) calendar days front
the date the applicant was notified, the application shall be considered
wzthdiawn, and a new submittal for the same or substantially the same project
shall be required along «rith the appropriate fee fora new submittal.
One re-subnuttal of a revised application maybe submitted without payment of
an additional permit review fee. Any re -submittal after the first re -submittal
sliall be accompanied by permit review fee additional fee, as established
pursuant to this ordinance.
Commentary: Some local govemntents may prefer not mallow the first re -submittal without requiring the
additional fee. The policy choice is up to the local govemment and may be adjusted to be consistent with
re -submittal policies for other types of perntit applications.
xx-203 APPLICNFIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Commentary: This section allows a pre -application conference and conceptual discussion between the
developer and the Stormwater Administrator, at the discretion of the Stormwater Administrator. It creates
some additional steps in the review process, thus imposing costs, and so may not be appropriate for all
applications and for all tithe. However, for large development projects, those with substantial impact, or for
developers, engineers or stomnvater administrators who are new to the jurisdiction's prncesses and rules
for handling stornnvater, the conference may be a useful way to focus and improve the application and the
project itself.
Smaller conununities or those with fewer staff resources may feel that providing the option of concept
plans and consultation meetings would be unduly burdensome, given their present limitations. However,
the option may become useful as the community grows or adds staff— even if it is rarely utilized in the
beginning. Also, concept plan review may be kept very informal if this would help to limit costs. For this
reason the provision should be included in the adopted ordinance. Note that the suggested submittal of
materials outlined in ( l ). (2), and (3) below is permissive, not mandatory.
Finally, because stormwater management is best addressed as early as possible in the site design and
approval process, communities withmore staff resources should consider whether an informal consultation
meeting should be mandatory oral least strongly encouraged. This would allow dialogue and infonnation
sharing before " hardlining" of site design begins. It could result in cost savings to applicants in terms of
more efficient site design (working with a site's existing vegetation or topography, for example, as
stornnvater management components).
Before a storm kmwr management permit application is deemed complete, the
Storm,A-iterAdnutvstrator ordeveloper may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed dezrlo/mrrrt project. 71tis consultation meeting should take place at the time
of the preliminaryplan of subdivision or other earlystep in the ekUi(pvknt process.
The purpose of this meeting is to discuss the post-constntction stomiwater
22

l7r<tft.Qrtiin, r']r_:r_for Surf Cr1Y,...W May.3Q,_1{1U.4
management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to storrinvater
management designs before formal site design engineering is commenced. Local
watershed plans,,�nd other relevant resource protection plans shotdd_b_e consulted
in the discussion of the concept plan.
TO accomplish this goai, the follOVing information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which Illustrate at a
minimum: existing and proposed topography, perennial and intermittent
streams, mapping of predominant soils from soil surveys (if available):
boundaries of existing predominant vegetation; proposed Imilts of clearing and
grading; and location of existing and proposed roads, buildings, parking areas
and other impervious surfaces,
(2) Natur-al Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. "Iliis description
Should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and batmdaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc). Particular attention should be
Paid to enviromnentallysensitive features that provide particular opportunities
or constraints for rk opera and sionn-water management.
(3) StomtwaterManagententSystemConceptPlan
A written or graphic concept plan of the proposed post-cdett47rrrn stormwater
management system including: preliminaryselection and location of proposed
structural stonmwater controls; low -impact design elements; location of existing
and proposed conveyance systems such as grass channels, swales, and storm
drains; flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
(B) Stonnwater Management Permit Application
'Ilie stormwater management pernrit application shall detail how post-r(eu3ro1»xV
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
Such plans shall be prepared bya qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormkater management facilitics
and practices meets the subnvttal requirements for complete applications, that the
designs and plans are sufficient to contplywith applicable standards and policies
23
Deleted: Universal Storinwaler
Model Ordinance (2-11-07) by
Whisnnnl rfrall for review only do not
copy or distribute without express
authorization¶
_.-- .................. . ......... ............... ..
Deleted: Ihr Ipanlc of loc Lii ooru
} U ace or iiaLujl a re;ui'U l cc moll u1m. o1'
ct•Sli, ui nl itc SS' unrc lx ney};L,y�l 1 dcnjing
if
a4'J'Irsa);,1L')� 1

I�raT1,C7rYi_i_rnce for Surf_C r;y ,..,.:_f^?,y_ 12(1(1t�
found in the DsiezMrrrnrrtl, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section xx-202(D).
(C) As -Built Plans and Final Approval
Upon completion of a project, and before a certificate of occupancy shall be
granted, the applicant shall certify that the completed project is in accordance with
the approved stormwater management plans and designs, and shall submit actual "as
built" plans for all stormwater management facilities or practices after filial
construction is completed.
The plans shall show the final design specifications for all stormlv.ater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval bythe Stormwater Administrator shall
occur before the release of anyperformance secunties.
(D) Other Permits
Deleted: Universal Storrnwater
Model Ordinance f2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization ¶
No cerLif icate of compliance or occupancy shall be issued by the,)3�ti1_dit�g 1ns�lector
Deleted: (insert name of I«il o[ficial.
without final as -built plans and a final inspection and approval by the Storlir ater
deoutmcnt, or acrncv rrsoonsible for
Administrator, except where multiple units are served by the stormwater practice or
issuin> bmiding Vtrajis and cenificates r)i
facilities, in which case the�At_tildmay elect to withhold a percentage of.......................-
�etn,anc
- - ...-- ......
permits or certificates of occupancy until as -built plans are submitted and final
Deleted: (name of local official,
inspection and approval has occurred.
den,rtn,ent.or2�rncvthx iseues,biiildine
nni s
xx-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and fedetxl
authorities.
(B) Time Limit/ Expiration
Commentary: An expiration date or validity period for permitslapprovals to require that construction begin
and be completed within certain time periods should be included for a number of reasons, such as
preventing obsolete approvals from persisting indefinitely. This ordinance allows for a single, one-year
extension upon written request. Where possible, the tinge limit should run concurrently with the erosion and
seditneniation control plan approval to avoid staggered expirations.
An approved plan shall become null and void if the applicant fails to make suhstantial
prcgaNN on the site within one year after the date of approval. The Stormwater
Administrator maygrant a single, one -}year extension of this time limit, for good
24

Draft Ordiutrnce for Surf C1tv...... Mav 30. 200f�_ _ - _ ----------------------------
- _ - . -. - - Deleted: Universal Stormwater
Model Ordinaoco {2-11-07) by
Whisnottl draft for review only do not
copy or distribute without express
cause shown, upon receiving; a written request from the applicant before the a(nhorizaiionT
expiration of the approved plan.
In granting an extension, the Storinw:rter Administrator may require compliance
with standards adopted since the originai application'kas submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
xx-205 A11I1liA1.S
(A) Right of Appeal
Any aggrieved person affected byanydecision, order, requirement, or detennination
relating to the interpretation or application of this ordinance made bythe Deleted. tBwinl of � fi,L,.tnx-nt ur
Stornt'kater Adnuntstrttor, may file an a eat to the . fnutin Board'Alithin 30 tla�s. , t.'asu; bo.vdt
. PP 1 4 . % .......:..
Commentary: We recoinrnend that appeals be routed to Board of Adjustment if the conununity has one,
and the procedures for stonmvater appeals dovetailed as f'tr as possible With procedures for handling other
kinds ol'appeals to that board (such as appeals of zoning determinations). This recontmertdalion is for both
policy and legal reasons: (1) it avoids the problem oFcreatiag and managing another specialized boatel; and
(2) Beards of Adjustment are accustomed 10 conducting quasi-judicial procedures, Which must also he
applied to ssorma+'nter:q>pc:ds,
If the conrtnunity (lees not have it Board of Adjustment, appeals should be routed to the Sallie board to
which other appeals froin decisions ofaclntinisirative staff are sent (which naay be the governing board, as
long as it is acting in a quasi-judicial capacity). For those communities which do not have an existing quasi-
judicial procedure that is already heing followed by a Board of Ad}usirnent or other body, optional
subsections (13) and (C) below should be added to provide basic procedural rules.
{E3} [ Filing; of Appeal and Procedures[
[Appeals shall be taken 1411,11111 the specified time period by filing a notice of appeal _
-
andspecify rig the grounds for appeal on forms providcci by,'I'oun_tl ,Surf it ,'Ilie_ Deleted: (r„: e � tk,t �•rt> ��tt
Stonn'kater Adraiinistaator shall uansnut to the (nantcof bnard taat'kill hem
apps,L) al] documents constituting the record on which the decision appealed from
was tale n.
Me hearing conducted bythc ( name _of boar"iat Aill-ItearappcL) shall be
conducted in the nature of a quasi-judicial proceeding with all findings of fact
supported by competent, material evidence, ]
(C) [Review by Superior Court]
[I very decision of the (nanie of board t1lat will hear meals) shall be subject to
Superior Coun review by proceedings in the nature of certiorari. Petition for review
by the Superior Court shall be filed'kath the Oerk of Superior Coon within thirty
(30) days after the latter of the following:
(1) "Ilie decision of the ( ) is filed; or
(2) A written copy of the decision is delivered to every aggrieved party who has
filed a written request for such copy with the (Chair or SCc[et;asyof the ho,ani that
ate[] hear appeals) at the time of its hearing of the case.]
25

Draft Orclin race for Surf Gi1y...... May 3(_ OOq- _ _ _ - - - - - - - - - - - - - - _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ -- - Deleted: Universal Stornrwater
Model Ordinance f2-11-07) by
Whisnanl draft for review only do not
copy or distribute without express
authorization ¶
M

for Srlrl -C ty�.-.M<-ate ZQ04....... _
SECTION 3: STANDARDS
xx-301 GENERAL STANDARDS
All &uicyntc3u -and MieU ojnr12u to which this ordinance applies shall comply with the
standards of this section.
xx-302 ENII'1:RVIOUS SU1tFACI? REQUIREMENTS
(A) Sctback requirement
All impervious surfaces, except for roads, paths, and water dependent stnrctures,
shall be located at least 30 feet landward of all perennial and intermittent surface
WateIS.
A perennial or intern-uttent surface water shall be deemed present if tltc 161WI-C is
shown on either tlae most recent version of the soil survcv map prepared by the
NaLLM.11 Resources Conservation Service of the United States Depanntent of
AgriCUlture (USDA) or the most recent complete version of the 1:24,000'scale (7.5
minute) qulcirangle topographic maps prepared by the United States Geologic
Survey (USGS). An exception to this requirement may be allowed when surface
waters are not present in accordance with the provisions of 15A NCAC 2B .0233
(3)(a) orsintilarsite-specific determination made using DizrsiWapproved
methodology.
Commentary: The cited portion of the riparian buffer rule provides, "When a landowner or other affected
party believes that the Wraps have inaccurately depicted surface waters, he or she shall consult the Division
or the appropriate delegated local authority. Upon request, the Division or delegated local authority shall
make on -site determinations" regarding whether the stream depicted is subject to the rule. If the USIA'
community has a riparian buffer program in place, it may be able io obtain delegation from the State to
make "stream calls." If buffer program is not already in place, the USIMP community may be able to get
training for its Slorrmvater Administrator to make stream determinations through the Division or the
Cooperative Extension Service,
Deleted: Universal Storrnwater
Model Ordinance (2-1 t-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization¶
,The lbllowing additional impervious surface limitations should be included in ordinancesµlitrjurisdictions
_
Deleted: 0>lvo newi,upetviuns or
in the IWenly-courtly CAMA jurisdiction or with water supply watershed crilical areas in (heir jurisdictions.
"Idially pen•ious 5urttCC in f (XKIJ,lainy
Vur dcvclopment activit ics OUu %idc the
tno
I3 J.and draining to shellfish waters �
�
Is1anagemcm Actor 1974, news
Knpervunu or paniallylxrvutus surfaces,
Ali development activities that are located within 575 feet of waters designated by
en %tuCl paths, sad walla
depenoxceptdent
dependent structures. shall fx� allnuxd
the I'snvironntental IVIlnagement Commission as shellfishing waters shall be limited
within the flondpl,Il
to a maximum impervious surface densityof 36 percent.
Deleted: l
C; evelo nteut in Critical Area -of Water Su I Watersheds '
f-1 c— v5l p--nti ------ Water --pp-y Watersheds
.
Formatted: Bullets and Numbering
Deleted:I
All development activities that are located within the area designated by the
Formatted: Bullets and Numbering
Environmental Arlanagement Cortunission as a Critical Arta of a Water Supply
�—
Watershed shall be limited to a maximum impervious surface density of 36 percent.
27

Qt:?O Ordin�ince for_S_t_rrf Crty .. ,._May :30, 2_ _0Q4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^ ^ - ... - - _ _ - - - - - - _ _ _ - _ - . . - Deleted: Universal Stortnwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization¶
xx-303 S'I'RUCI'UltAL S'1'OIZMVi'A"1'1?R CONTROL REQUIREMI:N'['S
Otaxn of propertysubject to this ordinance and required to install stntctural stonn%ater
control measures shall implement those measures in compliance with each of the following
standards:
(A) "[he measures shall control and treat runoff from the first one and a hill
etch of MinAunoff volume dr-w-Wown time for %vet detention ponds shall
-
Deleted: [and, for piojem in areas
of 4S but not more than 120 hors u.
be a minimumhours,
s„hjeu to the Gmsud,Uea magement
Aci of 1974. the nieasures shall control and
(11)
All structural storm%%ater treatment systems used to meet these
treat runoff from the first one and one-bif
;aches of min.
requirements shall be designed to have a ntininmtlm of 85% average annual
removal for Total Suspended Solids ("I'SS);
(C)
General engineering design criteria for all projects shall be in accordance
,%itlt 15A NCAC2H.1008(c), as explained in the Dai�*iMareurl;
(D)
'llme measure shall discharge the storage volume at a rue equal or less than
the pre -development dischatgc, rate for the 1-year, 24-hour stoma.
(1-) The approval of the storm -water permit shall require enforceable restrictions
on property usage that rums with the land, including recorded deed
restrictions and protective covenants, to ensure that future deulqmrm and
mkulrptod maintains the site consistent with the approved project plans,
(F) In residential applications, the st1'tlCtUrill slormwawr deviQes should- - " Formatted: Normal
be designed and installed on a feat -by lot basis. Low Impact
Develotzent techtigues are encouraged and the applicant shall
demonstrate an effort to include decentralized siorttmwater
management techniques to the maxitturm extc;rii practicable.
xx-305 STANDARDS FOR S'I'ORMwtvrER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stommv ater control measures and stormwater treatment practices (also referred
to as Best r1V[anagement Practices, or 13MPs) required under this ordinance shall be
evaluated by the Stormwater Admuustrator according to the policies, criteria, and
information, including technical specifications and standards and the specific design
cri'wna for each stormwater practice, in the DcsignMaruarl. '19nc Storniwater
Administrator shall determine whether proposed 13MPs will be adequate to meet the
requirements of this ordinance.
(13) Detemtination of Adequacy; Presumptions and Alternatives
-7771 Stormwater treatment practices that are design ed,,constructed, and maintained in _ LDeleted: and
accordance with the criteria and specifications in the DcsiVMrnural will be presumed
to meet the minimum water quaRtyand quamityperforntance standards of this
ordinance. Whenever an applicant proposes to utilize a practice or practices not
designed and constnlcted in accordance with the criteria and specifications in the
Daign Manual, the applicant shall have the burden of demonstrating that the
28

Graft Qr iinc_ rir+r,F for Sijrf City. .— May 30 --4- - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: Universal Sformwater
Model Ordinance (2-11-07) by
Whisnanl draft for review only do nol
copy Lit distribute wifhout express
ptactice(s) NNnll satisfy the minimum water quality and quantity performance authorizalionT
standards of this ordinance. 'llie Storni- Ater Administrator may require the
applicant to provide the documentation, calculations, and examples necessary- for
the Stonnwner AdminiAl'ator to determine whether such :tn affirmative showing is
made.
(C) Separation from Seasonal High Water Table
For BMI's that require a sep:uation from the seasonal high-a+ater table, the
separation shall be provided by at least 12 inches of nauartllyoccurritlg soil above
the seasonal high-water table.12
xx-306 IN DIC VI•I0N 01: BMPS, FACILITIES iZ IM1'ROVI:1`7ENITS
Commentary: If the local government accepts any BMI's into pubiic maintenance pursuant to this section,
at the time of acceptance a binding agreement or process Should be established by which the locality cvi II
recover costs from the owner for carrying out maintenance activities on the BNI I's. Before accepting RM1'S
for maintenance, Ilie jurisdiclion should weigh the costs and benefits of'so doing and identify it way to pay
Cor maintenance.
111C�lc art {)f u[f Cat Inly accept dedIc-atlol] of -tnyCXiSL-Ilg or future storn)".ter DeICYM}: f m•otlrk.i�• rvrr�nurm)
management hacllltyfor ❑larilten.-mce, provided such facility meets all the regtllrCnhCntS of
this ordinance and includes adequate and perpetual access and sufficient area, byeasemern.
or otherwise, for inspection and regular maintenance."
• - " � Formatted: Normdl � ��
Alternate: The Town of Surf City requires that all 13MI's be placed within a Public
Stormwater Eascment in pctpel_ uity.
xx-307 VAAIANCES
conaIII ell tary: This provision is adapted from the Coastal Area Management Act, N.C. Gen, Suit. § 113A-
120.1
(A) Any person Inay petition the Tossm Of Surf Qly_for a variance gl:ltning pen ission to use Deleted: h,, „e �f tcxa�Lovrrv»crnl
' -- -
the person's land in a manner otherwise prohibited by this ordinance. To qualify for a
variance, the petitioner must show all of the following:
(I) Unnecessary hardships would result from strict application of this ordinance.
(2) 'I'lae hardships result from conditions that are peculiar to the property, such as
the location, sire, or topogrtphyof the property.
(3) '171e hardships did not result from actions taken bythe petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this
ordinance; will secure public safety and welfare; and A2ll preserve substantial justice.
12 from SL 2000.246. § 9(k).
Is From Virginia Storinwater Management Model Ordinance.
29

l3rafl .... r trnct_(or Surf City.,_.____n?3y 30:20(_?4- - _ - - - - - - - -. . - ... - ._ _ -. _ - _ ._ ._ - - _ - ... - _ -- Deleted: Universal Storrnwater
Model Ordinance (2-11-07) by
Whisnanl draft for review only do not
copy ar distribute without express
(B) �I1tc�lowat of San{ Citr. mayinapose reasonable and appropr ate conditions and ---- authorization¶
safeguards upon any variance it grants. Deleted: 4pric of local eo,ernmrml
(C) Statutory exceptions
NoiNvitltstanding subdivision (A) of this section, exceptions from the 30-foot landward
location of built -upon area requirement as well as the deed restrictions and protective
covenants requirements shall be granted in any of the follow-1ng instances:
(1) NCrhen there is a lack of practical alternatives fora road crossing, railroad
crossing, bridge, airport facility, or utility crossing as long as it is located, designed,
constructed, and maintained to minimize distuYbAIICC, provide maximum nutrient
removal, protect against erosion and sedimentation, have the least adverse effects on
aquatic life and habitat, and protect water quality to the maximum extent practicable
through the use of BINUS.
(2) Nkllaen there is a lack of practical alternatives for a stormw aier management
facility; a stonttwater management pond; or a utility, including, but not limited to,
water, sewer, or gas construction and maintenance corridor, as long as it is located
15 feet landward of a]] perennial and intennittent surface waters and as long as it is
located, designed, constructed, and maintained to minimize disturbance, provide
maxitttum nutrient removal, protect against erosion and sedimentation, have the
least adverse effects on aquatic life and habitat, and protect water quality to the
maximum extent practicable through the use of 111\41's.
(3) A lack of practical alternatives may be shown by demonstrating that, considering
the potential for a reduction in size, conf iguration, or density of the proposed
activity and all alternative designs, the basic project purpose cannot be practically
accomplished in a manner which would avoid or result in less adverse impact to
surface waters.
These statutory exceptions were included in SL 2000-246, § 11.
xx-308 ADDITIONAL STArNDARDS FOR SPECtAl. SITUATIONS
ConunentaryThe USNIP requires special, additional stomiwater protection in areas that drain to certain
classes of water: shellfish waters (SA) and trout waters (TR)). Each jurisdiction adopting this model
ordinance should determine whether it is responsible for dereloprnerrr or redevelopment in one of these
areas. If so, it should adopt the following provisions, as appropriate.
Deleted:[
(A) SSA Waters
;n addition to the standards for stomawater handling set out in the d(sigrr rrnrnrrrl, -Meted: [
det4t> v and mletcttoprrr>u in one of the twenty Coastal Area Management Act
counties that disturbs; ,000 square feet or more of land and that is loaned within Deleted: to
. . h.
one-half mule of and that drains in whole. or pan to class SA waters shall design and - - -- - ____
implement the best stor-rinvater practices that ensure reduction of fecal coliform
loading. `llie best practices are ones that result in the highest degree of fecal die -off
and control sources of fecal coliform to the naaxinutrta extent practicable while still
meeting the other requirements of this ordinance.
30

Draft Ordinwoce for Sur( City...,.. May 30. 2004_ --------- - - - - -- - - - - - - - - - - - - - - - - - - - - ,,. _. - Deleted: Universal Sforrnwater
Model Ordioance(2-11-07)by
Whisoanl riraff for reviow only do not
copy or distribute without express
aulhorizati00%
�t) 1Iet,.vaste,-------------------------------- --- Deleted:)
Cornnteniary: Some jurisdictions have existing pet waste ordinances, or cover pet waste in their littering
ordinance. if the.jurisdiction does not have a pet waste program or an ordinance regarding pct waste, mid
has development or redevelopment draining io class SA wasters, the Ibllowing I;Mgu;tgc should he
considered for adoption..
(a) Dogs At I merge Prohibited',
Deleted: I
It shall be unlawful for the owner of any dot; to allow the animal to be off the Deleted: (iyurr �f local yuvrriu,sntl
premises of his owner and not on a leash in 'l i�Lgn cIf Surf 'L.ty.
(b) Restrictions on Pet \tfastc
(i) It shall be unlawful for the owner or custodian of anydog to tale it
off the owner's own property limits without the means to properly remove
and dispose of the dog's feces from any public or private property.
(it) It is the responsibility of a dog's owner or custodian to clean up the
dog's feces from any public or private propertyoutside of the dog's owner's
own property Iimits, Such property includes, but is not limited to, parks,
rights -of -way, paths, and public access areas.
(lit) "gleans to properly remove and dispose of feces" shall consist of
having on or near one's person a device such as a plastic bag, or other
suitable plastic or paper container, that can be used to clean up and contain
dog waste until it can be disposed of in an appropriate container. Such a
device must be produced and shown, upon request, to anyone authorized to
enforce these ordinances,
(iv) 'I7tis provision shall not applyto handicapped persons assisted by
trained guide or assistance dogs,
(v) "Public nuisance" is defined to include "a dog which deposits feces
on public property or on private property without the consent of the owner
or person in ]awful possession of the private property, and the person
owning, possessnlg, harboring or having the care, charge, control or
custody of the clog fails to remove the feces so deposited. Provided,
however, this definition shall not apply to any dog assisting a handicapped
person.
(2) No Direct Discharge or Expansion of Discharges to SA Waters
No new direct points of stormw terdischarge to SA waters or increases in the
volume of storrnwater flow through conveyances or increases in capacity of
conveyances in existing stormwater conveyance systems that drain to Gass SA
enters are penttitted. Any modification or redesign of a stortnwater conveyance
14 Adapted from the Town of Wrightsville Beach.
31

Draft Ordinance for Surf City....,.May30, 2004
system Within the contributing draiDage basin must not increase the net amount or
rate of stormsmater discharge through existing outfalls to Class SA.vaters. Diffuse
f lo.v of stonmmter at a nonerosive velocity to a vegetated buffer or other natural
area capable of providing effective infiltration of the runoff from the one-year,
24-hour storm shall not be considered a direct point of storrnvwater discharge.
Consideration shall be given to soil type, slope, vegetation, and existing hydrology
when evaluating infiltration effcctiveness.15.
" SI- 2006-246, §9(h).
32
Deleted: Universal Stormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization ¶
i Deleted:]
Deleted: <e :�J'I"rout Waters];
[In ac4lition to the s=cLud; fur h.wdling
stonmm-Mer set out in the &'ipi unman.
ekut'gpn?t and nrius'afnttvr than drains in
wholc or pan ur class TR slaters shall
design and implement the best stomm-mer
practices that do not mcresc lecelving
nester temperuutr, Wlliie still meeting the
other regoimnems of this ordinance.]"

I Draft Ordinance for Surf City......May30,200$__________________________________
SECTION 4: MAINI'I'INANCE
rr'-401 GENGRr1L S'I'ANI)AIti)S I=OA MP.IN'1'1;NANCI;
Cornmenlary: The lorig-lerna effectiveness of any swuctural LIMP relics, above all, on appropriate
nl-.riIII cnnnce. This section is intended to provide a full array of provisions to ensure Ihat such nrainterlance
occurs, including identilyirtg who will be responsible fir maintenance over the long teen as Well as during
de%'clopnlent, and ensuring that funds for maintenance and repair arc available when appropriate.
(A) Function of 6MPs As Intended
'Ilse ow rof each stneured BAH, installed pursuant to this ordinance shall InalllLain
and operate it s0 as to presclve and contimte its function in controlling; Stor-1111AIMer
duality and quantity at the degree or amount of function for which the: slnrourel
AVIP,; as designed.
(B) Annual Maintenance Inspection and Report
7lle person responsible for maintenance of anystmaur(d 13AIP installed purstunt to
this ordinance shall submit to the Stormwater Administrator an inspection report
f rom one of the following persons perfomiirig services only in their area of
competence: a gtzslified registered North Carolina professional engineer, surveyor,
landscape architect, soil scientist, aquatic biologist, or person certified bythe North
Carolina Cooperative Extension Service for stormiNvtter treatment pr:lctice
inspection and maintenance. 'llle inspection report shall contain all of the follo.vring:
(1) Tie name and address of the Land of x7l
(2) 'llie recorded book and page number of the lot of each slnimmil BAIP;
(3) A statement that an inspection ,xas made of all stnrctrrral BA11's;
(4) Ilie date the inspection wars made:
(5) A statement that all inspected stnxtiaz 113r411's are performing properlyand
are in compliance with the terms and conditions of the approved
maintenance agreement required bythis ordinance; and
(6) 'the original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormvmter Achninistrltor.
An original inspection report shall be provided to the Stonwmater Administrator
beginning one year from the date of as -built Certification and each year thereafter on
or before the date of the as -built certif]cation.if,
16 Drawn from Wake Countysiornnvaieror(inance(based on Neuse Urban Stornawater program}.
33
- Deleted: Universal Slomtwater
Modal Ordinance (2.11-07) by
Whisnant drat; for ioview only do not
copy or disfrihuto without oxprass
a Idhorizaf ion ¶

Draft Ordinance for Surf City...... May 30 2004
xx-402 OPERATION AND MAINTENANCFAGRI;FMFNI'
(A) III General
Prior to the conveyance or transfer of any lot or building site to be served by
stntctural BrV1 P pursuant to this ordinance, and prior to issuance of any permit for
r(cetiq'xtxm or rtrletdprwt requiring a stntaural BA1P pursuant to this ordinance, the
applicant or oLuxrof the site must execute an operation and maintenance agreement
that shall be binding on all subsequent =WYS of the site, portions of the site, and
lots or parcels sen•ed by the stnt and &111P. Until the transference of all property,
sites, or lots served by& stmetural BAIP, the original ouwror applicant shall have
primary responsibility for carrying aut the provisions of the mauntenance agreement.
Deleted: Universal Stormwater
Model Ordinance (2-91-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization¶
The operation and maintenance agreement shall require the ouwror ortrr rs to
maintain, repair and, if necessary, reconstntct the stmcvmd BMP, and shall state the
terms, conditions, and schedule of maintenance for the smtrtural BAIT, In addition, it
shall grant torTown of Surf tjt V.a right of entr}, lit the event that the StorniNvater - Deleted: (r,a:ne of Irx:,l �mrrnn,ent)
Administrator has reason to heiieve it has become necessary to inspect, monitor,
maintain, repair, or reconstruct the 5mictural BA111; laouever, in no case shall the right
Of entry, Of itself, confer an obligation on Tow_rr of Surf City to assuntc Deleted: (.v„e >i loc.,l �, •,a,,,eael
responsibility for the stmaural BAIP. - - - -----
'Ihe operation and maintenance agreement must be approved by the Stormtivater
Administrator prior to plan approval, and it shall be referenced on the final plat and
Shall be recorded with the county Register of Deeds upon final plat approva1.17 A
copy of the recorded maintenance agreement shall be given to the Slornnwater
Administrator within fourteen (14) days following its recordation. 18
(B) Special Requirement for Homeowners' and Other Associations
For all stnutural BAIA required pursuant to this ordinance and that are to be or are
owned and maintained by a horrteow-ners' association, property owners' association,
or similar entity, the required operation and nraintcnance agreement shall include all
of the followring provisions:
(1) Acknowledgment that the association shall continuotrslyopenate and
maintain the stormwnter control and management facilities.
(2) Establishment of an escrow account, which can be spent solely for
sediment removal, stnictural, biological or vegetative replacement, major
repair, or reconstruction of the 5mu7ural PAIPs. If structural BAIA are not
performing adequately or as intended or are not properly maintained, the
To11-11 of Surf (kll, in its sole discretion, may remedy the situation, and in Deleted: (na,r,e of local eovernm n,)
such instances the Town of Surf Cry shall be fully reimbursed from the _ _ _... _ - Deleted: (name of Incal envernmen,l
17 Adapted from Metro North Georgia hater Management District and Slorinwater Center/1-PA Model
Ordinances. The requirement that owner maintain the QMP is adapted G-ont the Town of Cary Watershed
Protection Ordinance.
"Most of the following homeowners' association requirements are adapted from Neese model program
provisions as adopted in Wake County.
34

Draft Ordinance for Surf City..... May 30. 2004. - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._ . " . Deleted: Universat Storrnwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
w account. Escrowed copy or distribute without oxpress
escrow scrowed funds may be spent by the association for aathorizationn
sediment removal, structural, biological or vegetative replacement, major
repair, and reconstruction of the stnrctrtrd BAIA, provided that the; �)wrI�l. Deleted: {n.f kwal.'Wel m�1
Srf (, L u-y shall first consent to the expenditure.
(3) Both developer contribution and annual sinking funds shall fund the
escrow account. Prior to plat recordation or issuance of construction
permits, whichever shall first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) per cent of the initial constriction
cost of the stnoural AAA. Two-thirxls (2/3) of the total amount of sinking
fund budget shall be deposited into the escrow account «ithirt the first five
(5) ),cars and tine full amount shall be deposited within ten (10) years
folio% ing initial construction of the stndfural IIV/Ps. I=unds shall be
deposited each year into the escrow accoluat. A portion of the annual
assessments of the association shall include an allocation into the escrow
account. Any funds drawn dowRt from the escrow account shall be replaced
in acconlance with the schedule of anticipated work used to create the
sUilung fund budget.
(4)
'fine percent of developer contribution and lengths of time to fund the
escrow account maybe varied by the;l'own of Sul{ City depending on the
Deleted: hwne of lur.¢I vrrr_�,rntl
design and materials of the siornmiLer control and management facility.
O
Granting to lhe'IUw7l Of �Ur� Q a right of ent to inspect, monitor,
6 ._-_—T--.g-------'}-----=----------
Deleted; (none of Ina crrna rn��
maintain, repair, and reconstruct stntctimd BAII's.
(6)
Allowing the '1'nwn to recover from the association and its
Deleted: fnz�ne_of loci,1,>� yejn=ui)
members any and all costs the jl )wn o _Surl Qtyexpends to maintaua
Deleted: f 1.l ne f kx,l yuL rm:�u:l
repair the stma7 rid BMP', or to correct anyoperttional defrcrencies. [ arlurx
--------- ' -----
to paythe;hnw:t of , trf C:ityall of its expended costs, after forty five days„
- —
... - Deleted:
written notice, shall constitute a breach of the. agreement. In case of a
_._
_
deficiency, the TOIAIII of Sur-lf Q shall thereafter be entitled to bring all..
- Deleted:
action against the association and its ntenabers to pay, or foreclose upon the
lien hereby authorized by the agreement against the property, or both..
Interest, collection costs, and attorney fees shall be added to the recovery.
(7)
A statement that this agreement shall not obligate the;forvna of Surf Gtv t0
Deleted: (name of mal s'rnvrnnrnu)
maintain or repair anystnrrtural BM1's, and the Town of Surf t y shall not
-
_ .. _ Deleted: fn rs e f overrurrnrt
lsicaLs�
be liable to any person for tine condition or operation of star and BYWPs
(8)
A statement that this agreement Shall ncn ua anyway diminish, limit, or
restrict the right of the;l'uwta of Surf. (�to enforce anyof its ordinances
Deleted: fnvnr of 1<K;�Lr,vrrrurrntl
as authorized by law.
(9)
A provision indemnifying and holding ltarniless the Town of Sint Citvfor
Deleted: (nunc,RLlrkal r• rverm, eml
any costs and injuries arising from or related to the structural BNIP, unless
the'TovmSurf C1tyhas agreed in writing to assume the maintenance
Deleted: lnmy of kx•,IvI,.�,•rijUXU1
responsibility for the BIvIP and has accepted dedication of any and all rights
necessaryio carryout that maintenance.
35

Drag Ordinance for Surf City.. .. t r 30. 2004- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _
- - -
Deleted: Universal Stormwater
Modef Ordinance (2-11-07) by
Whisnant draft for review onfy do not
xx 403 INSP1 CI'ION PROGRAM
copy or distribute without express
authorization¶
Inspections and inspection programs b Io Lyn of Surf Q v,-- nia be conducted or
- Deleted: (nnmr of hxal voct•rnnvnrl
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections witli other agencies inspcaing wider environmental
or safety laws. Inspccnons may include, but are not limited to, reviewing
maintenance and repair records; sampling; discharges, surface water, groundwater,
and material or water in BN41`s; and evalttating the condition of BMPs.11
If the owrr or occupant of any property refuses to permit such inspection, the
Stornm;tter Administrator shall proceed to obtain an administrative search vvartant
pursuant to C.S. 15-27 2 or its successor. No person shall obstruct, hamper or
uiterfere -,pith the Stomntiater Administrator while carrying out his or her official
duties.
.xx-404 PL'RFORMANCI: SI'.CURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required20
11ie l owil of Surf C itv may, at its discretion, requrre the subrnittal Of a Deleted: (naaw of localrn] enverrrne
perforniince security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the stnvirral BAfA are
(1) installed by the permit holder as required by the approved stomnvater
management plan, and/or
(2) maintained bythe ouvmras required by the operation and maintenance
agreement.
The SCCUrity shall be requiredPro for any posed dwelling tutu located Formatted: Normal, Indent: Left:
- -----� Withi€l_ It_residLntial subdivision includeing multiple B)4lI' . The 1.25"
security shall be approved by the Town prior to obtaining a certificate
of occu pane' for any structure within the sub ect development,
(13) Amount
(1) Installation _
Formatted: Bullets and Numbering l
The amount of an installation performance securityshafl be the 25% of the -total
estimated construction cost of the BMPs approved tinder the pennir« Deleted: ,
Deleted- plus 25%.S
�Vlaintcnance
H Adapted from Stormwater Ceuterfl--PA and Metro North Georgia Water Management District Modal
Ordinances,
2° From Virginia Model Ordinance for Stormwater Management.
36

Drrff Ordnance for Surf City...... Mqy 30, 200ta _ _ _ _ _ _
The amount of a maintenance performance security shall be the present value
of an annuityof perpetual duration based on a reasonable estimate of the annual
cost of inspection, openation and maintenance of the BIMPs approved under the
permit, at a discount rate that reflects the jurisdiction's cost of borroNnng mints
a reasonable estimate of long-term inflation.
Conunenlary: Use of this approach to maintenance securily creates an incentive to choose the structural
13NIPs Thal arc expected to have the least costly nrainlenance. An eeaniplc for calculating the atrtount of
rrrlinlcnunce perlbrrilance securily is as follows: suppose the cxpecled annual cost of inspection, operation
❑nil mainlcname ol"the l3MPs covered by the perinit is $500 in current dollars. The security artunuil is the
present value of a perpetuity in the atrtount o1'$500, which is simply 5500 divided by the real (if ILL lion
adjusted) discount rate. The real discount rate, for these purposes, is calculated by taking a reasotrsable
estimate of the jurisdiction's expected return on moderately risky investments, such as the rclurn on
corporate borttls rated A by 6loody's, Intl sit btrucIifig the expected rate of inflation. So if the jurisdiction's
expected return on moderately risk investments is 7% and a reasonable estimate of lotto term inflation is
2'"', then the maintenance security antounl would be: S500f(.07-.02) = 55001.05 = S 10,000.
Sonic annual maintenance cost estimates for' BMI's in North Carolina are available in Wassick anti lluot,
"An Evaluation of Costs and Benefits of Structural Stormwater Best Management Practices in North
Carolina;" N.C. Extension Service, available onlirte as of-3/10/05 at
htlh;l/ww� bac;mesa.edu/�col�le/facultylhunt/brn,pcostsfibenefils-pd1'. The authors find a range front Sa,d I I
annually for wet ponds to S583 for bioretenlion in clay or sandy soils for B 1Ps controlling if I0-acre
watershed, presumably in 2003 dollars. Thejurisdiction should evaluate whether it will have additional
costs for inspection lime and possible operation of the BMP should the owner fail to maintain the 13MP.
(C) Uses of I'erfortnance Security
( l) Forfeiture Provisions
The performance securityshall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or ow rr in
accordance tiIlith this ordinance, approvals issued pursuant to this ordinance, or
an operation and iaintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the orvirto construct, maintain, repairand, if necessary,
reconstruct anystna-tsrral13MP in accordance with the applicable permit or
oper Lion and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any ponion of the securityto make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall onlybe made after requesting the owurto complywith the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the'1 t l &l 'jtyshall not return anyof
the unused deposited cash funds or other security, which shall be retained for
maintenance.-'t
21 Front 'town of Cary Watershed Protection Ordinance.
37
Deleted: universal Storrnwaler
Model ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization ¶
Deleted: (name of 6cal rswremneml

Di_aft.Or'dinarxce for Surf City.,.... May 2 LU4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W -- W ` _ - .. - Deleted: Universal Storrrrwaler
Model Ordinance (2-1 i-07) by
Whisnant draft for review only do not
copy or distribute withoul express
(3) Costs in Excess of Performance Security aulhorizallon¶
' Deleted: ln.une n{ local rm•rmnx�nt)
If •1O1t'r] Of Surf Cn takes action upon such failure by the applicant or-
the Tovu of Surf Gtv may collect from the applicant or oz rxrthe difference Deleted: (name of Irkal rowrimhj10
between the amount of the reasonable cost of such action and the amount of
the security held, in addition to anyother penalties or damages clue.
(4) Refund
fiml approval
Within sixtydays of tlic1)rn�t closeout, the installation perforntutce security __— - ........_,........ ......-
Deleted
shall be refunded to the applicant or terminated, except any amount attributable
to the cost (plus 25%) of landscaping installation and ongoing maintenance
associated -with the BMI's covered by the security. Any such landscaping shall
be inspected one (1) year after installation "With replacement for compliance "with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
xx-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreements easenien>wpenaining to
everystmairral BzkfPshall be referenced on the final plat and shall be recorded "with
the county Register of Deeds upon final plat approval. If no subdivision plat is
recorded for the site, then the operations and maintenance agreement[, conservation
easement, or dedication and acceptance into public maintenance, whichever is
applicable] shall be recorded with the county Register of Deeds so as to appear in
the chain of title of all subsequent purchasers under generally accepted searching
principles.
(B) Signage
Where appropriate in the determination of the Stot -muter Administrator to assure
compliance with this ordinance, stnrdtrral BAll-'s shall be posted with a conspicuous
sign stating who is responsible for required maintenance and annual inspection. 'lhe
sign shall be maintained so as to remain visible and legible.
Commentary: The intent of discretionary provision (B) is to create actual notice whenever reasonable and
useful, rather than relying solely on constructive or record notice.
xx-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The ourxrof each smaund 13jWPshall keep records of inspections, maintenance, and repairs
for at least five years from the date of creation of the record and shall submit the same upon
reasonable request to the Storn-twater Administrator.2
xx-407 NUISANCE
'lire oumy of each stormwater BIbIP, -whether stnrmtral or non-stnaiml BMA shall maintain
it so as not to create or result in a nuisance condition.
`Z Adapted from Metro Forth Georgia Water Management l]istrict Nlodel Ordinance.
38
Deleted: 1, coiisen;niott
Deleted: , or dedication and acCT.1ncc
into public maunenence [whichever is
appticablc)I

Draft Ordinance for Surf City...... May 30, 2004- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. -, - - Deleted: Universai Slormwater
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
xa-408 �YIA[N"CL' s---- ----:--- � - -------- -------- ------- ------ --- - - ---- authorization¶
Cverysrnrcl M1113rb1P installed pursuant to this ordinance shall be made accessible for Deleted: I
adequate niai(ttenonce and wpair by maintenance easement. The casement sliall be
recorded anti its teens shill specify who may iiLikc use of the easement and for what
purp0ses.
l ire Lin �jrcts uith numerous BMI's spread throur_hout the site., the ap >lic. rat ma - l2rwridv
Ile C4i,�rttc (0CUtnCnt,tti( 11 rivps uid l ,aal rt,rc•c inc rats jilac ing the entire. p - jcci ,,6ihitt a
1?> _t !112ti�c ntaint,crtartc e_;a sGll�e.nt_111c._l al) shall sliow the t�.��� tnci lne_;�li�tt of c, ch f34'lI'
uSS Si._452 =nc� t_Yi t raw itcr m,>na tncn_t_rc itl;ati i� ci siteLiitioaj �L �5te ,r tn
hall be added to each lot within that deveUpment clis__._ closin, all pertinent nLtintrnanLc Deleted: I
easements and tight of etm),to each horttcowtier
Conimenuiry: With regard to this optional provision Ivor a maintenance easement, it is anticipated (hat few
local governmems %vill opt to maintain 13M1's that serve private property. In the case of any conummitics
that should wish (n de so, those jurisdictions should carefully consider, in consultation will their attorney
and engineer, public Nvorks director or other person fami liar with drainage maintenance, whether they wish
to have cascnrcnls dedica(ed for the purpose of maintaining 13MI's. While dedication in this manner
facilitates maintenance by the jurisdiction, it also raises the risk of governmental liability for problems
caused by flooding or other drainage issues, wider North Carolina case law.
39

Draft Ordinance for Surf City ...... Y,2V 30, 29QU _ _ _ _ -- . Deleted: Universaf Slormwater
------------------ --- - - --
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
SECTION 5: ENFORCEMENTAND VIOLATIONS authorization¶
xx-501 GFNFRAL
Commentary: Communities should consider whether a Violation of the storrnwaler- ordinance should also
constitute a violation of the 70ning or building regulations. and may n ish to make arnendnietits to those
regulatinns accordingly. For example, the zoning code could specify that compliance with stornnwater
regulations is required for issuance of any approvals issued under the zoning code, so that any development
not complying with the storlrwjter regulations is also prohibited under zoning.
(A) Authority to Enforce
The provisions of this ordinance shall be enforced bythe Stor imater
Administrator, his or ]ter designee, or any authorized agent of; t'o%vn of Stuf City- - eted: a rnn
%Nlienec er this section refers to the Stonin titer Administrator, iDel
t includes his or her Deleted: ateo_f I x�l eovernn rrnl
designee as -,yell as anyauthorized agent of,['cwii_of Sufi City: L Lm----_ --
(6) Violation Unlawful
Any failure to comply x6th an applicable requirement, prohibition, standard, or
limitation unposed by this ordinance, or the terms or conditions of any permit or
other&zrlopirt?u or ltrlettloprrrnt approval or authorization granted pursuant to this
ordinance, is unlativful and shall constitute a violation of this ordinance.Z3
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation
or offense.2+
(D) Responsible Persons/Entities
Any person who erects, constructs, reconstructs, alters (whether activelyor
passively), or fails to erect, construct, reconstruct, alter, repair or maintain any
structure, BMP, practice, or condition in violation of this ordinance shall be subject
to the remedies, penalties, and/or enforcement actions in accordance with this
section. persons subject to the remedies and penalties set forth herein may include
any architect, engineer, builder, contractor, developer, agency, or any other person
who participates in, assists, directs, creates, causes, or maintains a condition that
results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results orpersists; oran ourjxT, anytenant
or occupant, or any other person, who has control over, or responsibility for, the
use or dadop wit of the property on which the violation occurs.21
For the purposes of this article, responsible person(s) shall include but not be
ltrrnted to: f
23 From Town of Apex Unified Development Ordinance.
24 Adapted front Town of Cary Land Development Ordinance.
25 Adapted front I -fall County, Georgia, Unified Development Ordinance.
26 An inclusive approach to "responsible persons" drawn from the Town of Apex UDO.
40

Ora It Ortlinance (or Sur(City. . ..May 30. ZOOf� - - - - - - - - - - - - - - - - - - - -, - - _ - _ - - - - Deleted: Univorsa! Storrnwater
Model Ordinanco (2.11-07) by
Whisnant rktall for review only do not
copy or dislribulo without express
(1) Person Maintaitunn Condition Resulting In or Coltstituting Vlolatlola authorization¶
An architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a
condition that constitutes a violation of this ordinance, or fails to take
appropriate action, so that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
'Ihe owrrol the land on which the violation occurs, any tenant or occupant of
the property, any person who is responsible for stormwater controls or
practices pursuant to a private agreement or public document, or any person,
who has control over, or responsibility for, the use, (Ldfc viv or nrlczcatclyment of
the property.
xx-502 REMEDIFSAND PFNALTIES
'llte remedies and penalties provided for violations of this ordnlance, whether civil or
criminal, shall be cumulative and ill addition to any other remedy provided bylaw, and may
be exercised in any order,
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stornaw,uer Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served by the stonnwater practices in question
until the applicant or other responsible person has taken the remedial measures
Set forth in the notice of violation or has otherwise cured the violations
described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the
(name of planning board governing board, and/or other board(s) that review
may disapprove, land rlczr!{ ran re uesls) any request for permit or deuttcywart
approval or authorization provided for by this ordinance or the (;,
subdivjion. and/or uilding regulations. as agVz2pate) for the land on which
the violation occurs.
(3) Injunction, Abatements, etc.
The Stonnwiter Adnnnistr,ator, w2th the written authorization of the (insert title
of municipal or count, riager. or. -if there is ttQ_mtuucipil manager, of tale
town cle r the governing board), rrt:ry institute an action in a court of
competent jurisdiction for a mandatory or prohibitory injunction and order of
abatement to correct a violation of this ordinance. Any person violating this
ordinance shall be subject to the full range of equitable remedies provided in the
General Statutes or at common law.
41

Draft W'diriance lot' Surf Ci{y...,.,May 30 2008 _ - _ _ _ - Deleted; Universal Stormwater
---- - - - - -- --------------- - - --
Model Ordinance {2-11-07j by
WMsnant draft for review only do not
Costs as Lien etc. copy ozatiol rewirhoutexpress
(4) Correction as Public Health Nuisance, > authorization
If the violation is deemed ciitngerous or prejudicial to the public health or public
safetyattd is within the geographic Limits prescribed by North Carolina G.S.
160A-193, the Stormwuer Adminisuator, with the vvrittat authorization of the
(title of municjpat or count,: manager, or, if there is no manager. of the town
clerk or the governing boardi, maycause the violation to be corrected and the
costs to be assessed as a lien against the property.
(5) [Stop Work Order
The Stornttvater Administrator may issue a stop work order to the person(s)
violating this ordinance. 'Ihe stop Rork order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or
has otherwise cured the violation or violations described therein. The stop work
order may be withdrawn or modified to enable the person to take the necessary
remedial measures to cure such violation or violations. ]27
Commentary: A stop work order is an important tool where, as in the case of storntwater violations, the
consequences of delay in halting illegal activity can result in significant hann to the environment and
public health, safety or welfare. However, the enabling authority for use of a stop work order by local
govenuncnts is unclear. As a practical matter, if a legal challenge is brought to a local government's use of
a stop work order, it is unlikely to result in negative consequences for the local government, since the legal
rernedy would likely consist of the court's invalidation of the stop work order.
If a local government chooses to incktde this stop work provision, it should do so in consultation with legal
counsel, and an accelerated appeal process pursuant to Section .x.e-205, Appeals, should be provided for
situations where a stop work order is applied. One way to accelerate the appeal process is to shorten the
tinieframe for review of appeals. A special or emergency Board of Adjustment meeting could be called, so
that a party seeking to challenge a stop work order would achieve a speedy resolution of the matter.
(B) Civil Penalties
Violation of this ordinance may subject the violator to a civil penaltvto be
recovered in a civil action in the nature of a debt if the violator does not pay the
penaky vtrithin 30 days after notice of the violation is issued by the Storm", ter
Administrator. Civil penalties maybe assessed up to the full amount of penalty to
which (name of iurisdiction) is subject for violations of its USA, Stormw.tter
permit, or if no USNTP Stornrkvater permit exists for the jurisdiction, civil penalties
may be assessed up to the full amount allowed by law.
Conunentary: Based on experience with enforcement of locally delegated erosion and sediment conlrol
programs and other code enforcement experience, it would be a good practice for a jurisdiction to agree on
a set of normal civil penalties to be assessed for any commonly experienced violations. 'rhis assists the
Stormwater Administrator and other officials in making reasonable and equitable penalty assessments.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a misdemeanor subject to the
maximum fine permissible under North Carolina lavv.
`7 Adapted front Metro North Georgia Water Management District Model Ordinance.
42

Qratt Ordinance for Surf City..... May 20 20-M _ _ _
xs•503 PROCEDURES
(A) Initiation/Complaint
Wlenever a violation of this ordinance occurs, or is alleged to leave occurred, :tray
person may file a written complaint. Stich complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the comptaint.111c complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
'111e Slorrlwatel' Administrator shall have the authority, upon presentation of proper
credentials. to enter and inspect any land, building, structure, or premises to ensure
compliance wZth this ordinance.'"
(C) Notice of Violation and Order to Con-ect
When the Stormwater Administrator funds that anybuilding, structure, or land is in
violation of this ordinance, the SCOmnwaier Administrator shall notify, in miting, the
Property owurorOther person violating this ordinance. The notification shall
indicate the nature of the violation, contain the address or other description of the
site upon which the violation is occurring, order tine necessary action to abate the
violation, and give a deadline for correcting the violation. If civil penalties are to be
assessed, the notice of violation shall also contain a statement of the civil penalties
to be assessed, the time of their accrual, and tine time within which they mist be
paid or be subject to collection as a debt.
'111e Stornrnater Administrator may deliver the notice of violation and correction
order personally, bythe {narue-of law cnf�lr-cemern ox-code eafor=eni. j2monueD,
by certified or registered mail, return receipt requested, or by any means authorized
for the service of documents by Kole 4 of the North Carolina Rules of Civil
Proeedure.21
Note that if the administering unit is adopting this storniwater ordinance under its planning and zoning
authority or is administering it as Vary of its building code enforcement program, it should consider whether
it heeds to follow the notice and opportunity to respond procedure set out in C.S. 160A-441 er.wq. See
Newton v. Winstoo-Salmn, 92 N,C. App. 446 (1998).
if a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropritite action under this
ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
(D) Extension of Time
A person who receives a notice of violation and correction order, or the cwur of the
land on which the violation occurs, may submit to the StormwaterAdministratora
whiten request for an extension of time for correction of the violation. On
cleter-mining that the request includes enough information to show that the violation
2' Froni Town of Cary Lund Development Ordinance.
2LJ Froni Town of Apes Unified Development Ordinance.
43
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Model Ordinance (2-11-07) by
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copy ordistribule wilhow express
authorization¶

h
Df'aR Ordinance for Surf City ...... MaV 30. 200f___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - Deleted: Universal Stonrzwaier
Model Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
cannot be corrected within the specified time limit for reasons beyond the control authorization¶
Of the person requesting the extension, the Stonimuter Administrator may extend
the time limit as is reasonably necessary to allow• timely correction of the violation,
up to, but not cxceedvtg clays. The Storniv user Administrator niiv grant
-day extensions in addition to the foregoing extension if the violation
cannot be con ected within the permitted time due to circumstances beyond the
control of the person violating this ordinance. The Storm-ater Administrator may
grant an extension only byvv iuen notice of extension. The notice of e.tension shall
state the date prior to which correction must be made, after ,-hich the violator will
be subject to the penalties described in the notice of violation and correction
order.3-
(E) Enforcement A crTime to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Storrnwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. If the violation is not corrected, the
Stonnw:rter Administrator may act to impose one or more of the remedies and
penalties authorized by this ordinance.31
(F) Emergency Enforcement
If delayin correcting a violation would seriouslvthreaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Ston-mvater iViministrutor may order the immediate cessation of a
violation. Any person so ordered shall cease any violation immediately. The
Stormwater Administrator may seek inunediAte enforcement, without prior written
notice, through anyremedyor penalty authorized by this article.
° From Town of Apex Unified Development Ordinance.
From Town of Apex Unified Development Ordinance.
44

Drr�ff Ordirrinr'F> inr Surf Crfy_,,,._Mtjy 30 100f;- ------ - - Deleted: Univorsal Storrowalor
Model Ordinance (2-11-07) by
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SECTION 6• Dr FINITIONS copy onon irl©w tlrout express
aulhorfzatinq
Commentary: Session Law 2006-246 stales in "SECTION ION 2. DeimiiiOrlS that "The Following definitions
apply to Ihis act and its implementation: ( I ) The definitions set out in 40 Code of Federal Regulaliors
122.2 (I)efiniiions) and I22 26(b) (Storrs Water Discharges) ( I July 2003 Edition). (2) The dei'milions set
out ill G.S. 143-212 and G.S. 143-213. (3)'f he definitions set out in I SA NCAC 211 ,0I 03 (Definitions of
Temis).-
sx-6ol '1']7101S DF.FINL'D
Mien used in this Ordinance, the folio Aing words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Built -upon area (BUA)
"]lint portion of a (!cu%nlrmi project that is covered by impervious or paittally impeI- iotts
surface including, but not limited to, buildings; pavement and gravel areas such as gads.
parking lots, and paths; and recreation facilities such as tennis coons. "131,11lt-upon area" does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving tn:aterial to the extent that the paving nalteriil absorbs w:tteror
allows water to infiltrate through the paving materials'
Department
The North Carolina Department of E'nvironmern and Natural Resources.33
Design Manual
"Ilae stonnwater design manual approved for use in Phase I jurisdictions by the Depammm
[developed by (Mine oliurisdiction) and certified bythis jurisdiction [approved by the
Diusirnt] as at least as stringent as the stonnwaterdesign manual approved for use in Phase II
jurisdictions by Lite Dgv?In,?u] for the proper implementation of the requirements of the
federal Phase I stermwater program. All references herein to the DaigrtManml are to the
latest published edition or revision.31
Commentary: USMP jurisdictions may develop their Own Design Manual to more carefully tailor
storrswater management practices to local condition, or to explain to developers and engineers in a
practical way how to comply with a comprehensive local watershed plan. Jurisdictions wishing to pursue
this route should consult with the Division on necessary Clements of the manual and the state approval
process. Jurisdictions should also consider and explain the process they will use to give notice and provide
a❑ opportunity to comment on the original nnurtual and any changes in it.
Development
Any land-disurrbing activity that increases the amotmt of i4edt-upwarm or that otherwise
decreases the infiltrtlion of precipitation into tltc 5011.35
12 From S.R. 121 U,
From temporary rule.
is Adapted from North Georgia N4.0.
as From North Carolina Model Ordinance for Water Supply Watershed Protection and 15A NCAC
213.0202(23).
).
45

... ..:.:... Mtn 3(1.2ffi4_ -
Compare the definition of "development" in the Coastal urea Management Act, Gen. Stat. § 1 13A-1(l3(Sa),
which only covers specified lypes of activilies clone in particular areas of environmental concern. Coastal
communities who are used to the CAMA definition of "development" need to note the broader definition
used here and in the Environmental Manati;ement Commission's surface water roles.
Division
'flue Division of 1C titer Quality in the Domnxv,`
Floodplain
't'he one percent Arnaud Chance Floodplain as delineated by the [Torah Carolina Floodplain
Mapping Program in the Division of Emergency Management.
Larger common plan of development or sale
Any area where multiple separate and distinct construction or land -disturbing activities will
occur under one plan. A plan is any announcement or piece of docntnentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drnving, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor rnarkings) indicating that
construction activities may occur on a specific plot?7
I -},ear, 24-hour storin
'Yhe surface ntnoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and I'Vith a duration of 24 hours?"
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee orvendee in
possession, receiver, executor, trustee, or long-term or conunercial lessee, or any other
person or entity holding proprietary rights in the property or having legal power of
management and control of the property. "Owner" shall include long-term commercial
tenants; management entities, such as those charged with or engaged in the management of
properties for profit; and every person or entity having joint ownership of the property. A
secured lender not in possession of the property does not constitute an owrner, unless the
secured lender is included within the meaning of "ownce' under another description in this
definition, such as a ❑uinagement entity.
Redevelopment
Any(kzd /rrrxru on previously -developed land , other than a rebuilding activitythat results in
no net increase in 1nttY!-tyxnt arcrz and provides equal or greater Stormwater control than the
previous rLdgpnitin.
Structural BAIP
A physical device designed to trip, settle out, or filter pollutants from stormwater ntnoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-ekutlol ma hydrologyon a developed site; or to achieve any
combination of these goals. Structural BMP includes physical practices such as constructed
wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or
"' From S.B. 1210.
17 Definition adapted from EPA Storm Water Phase II Compliance Assistance Guide.
''K From S.B- 121 Q.
46
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authorization¶

DrR.,.rdirlWraCE._lnr__$urf City' W;-,-; .My_3Q,. 2Qf _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ - _ _ _ _ _, ,- _ _ _ _ _ - - Deleted: Universal Slorrnwater
Model OrdinaFice (2-11-07) by
Wbisnant draft for review only do not
copy or distribute without express
created on real property. "SLrirL'tttrd BMP" is synonymous with "stnactural prtetice," auritoriza7ior ¶
"stonnwater control facility," "stonnwater control practice," "stom1witer treatment
practice," " stonnu,ater management practice;' "stormwater control measures;' "structurtl
stone V,'Aerueatment systems," and similar terms used in this ordinance.
Substantial progress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities tov'~ard the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
contiatuous basis and not discontinued for more than thirty (3C) days; or installation and
approval of on -site infrastnicture; or obtaining a building permit for the construction :and
approval of a building foundation. "Substantial progress" for purposes of determining
whctheran approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law. 39
,) Adapted Irom']'own ol'Cary Land Development Ordin;at:ce.
MA

j i3rt7ft Q? Lli,3sjrrce_'r�r Surf Gt:, ....:_::,1?py L 2ii(
[SECTION 7.- ILLICIT DISCHARGES
xx-701 ILLICIT DISCHARGES AND CONNIiCCIONS40
Corranaentarv: The federal Phase II rule specifies that local communities shall prohibit any discharge to a
municipal separate slorin sever unless it:
-consists of a discharge pursuant to an NPDFS pennit; or
-consists of a discharge from fire fighting activities; or
-consists of a discharge in any of the following categories, a,xd the operator of the small MS4 has
not identified that category as a significant contributor of pollutants to its sniall MS4:
Water line flushing; landscape irrigation; diverted stream flows; rising ground waters; uncontaminated
ground water infiltration (as defined at 40 CPR 35.2005(20)); uncontaminated pumped ground water;
discharges frorn potable water sources; foundation drains; air conditioning condensation; irrigation water;
springs; water from crawl space pumps; footing drains; lawn watering; individual residential car washing;
flows from riparian habitats and wetlands; dechlonnated swimming pool discharges; and street wash water.
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, car pumping
directly or indirectly to any stonnwwater conveyance, the water; of the State, or upon the land
in manner and amount that the substance is likely to reach a stormwater conveyance or the
waters of the State, any liquid, solid, gas, or other substance, other than stormwateq
provided that non-stormwater discharges associated with the following activities are allowed
and provided that they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35M05(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irngation water;
(11) Springs;
.10 Drawn from Raleigh and Greenville ordinances.
48
Deleted: 2lniversal Stormwater
Model Ordinance (2-11-0/) by
Whisnant drag for review only do not
copy or distribute without express
authorization ¶

3 , ,
Draft Ordinance for Surf City... _..May 30. 2004_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ...
- -
Deleted: Universal Slorrnwater
Model Ordinance (2-11-07) by
Wiiisnant draft for review only do not
(12) Water from crawl space pumps;
copy or distribulo without express
atilt rorizalionT
(13) F(.)oting drains;
(14) Lvwii x%erin&
(15) Individual residential carve islting;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water, and
(19) Other non-storrnwater discharges for which a valid NPDES discharge permit has
been approved and issued by the State of North Carolina, and provided that any such
discharges to the municipal separate storm sewer system shall be authorized by (
I 11s n).
Prollibltcd Substances include btrt are not limited to: oil, antl-freeze, chemicals, aniinat1 waste,
paints, gaii)age, and litter.
(B) Illicit Connections
(1) Connections to a stonnwater com'Cyxnce or stonmsater conveyance system that
allow the discharge of non-stomi". ter, other than the exclusions described in subsection (A)
above, are unlawful. Prohibited connections include, but are not limited to: floor diains,
waste water from washing riLichines or sanitary sewers, wash water from commercial vehicle
washing or steam cleaning, and waste water from septic systems.
(2) Where such connections exist in violation of this section and said connections were
made prior to the adoption of this provision or anyother ordinance prohibiting such
connections, the property owrror the person using said connection shall remove the
connection within one year following the effective date of this ordinance. However, the
one-year grace period shall not apply to connections which may result in the disclialge of
harnt-dous materials or other discharges which pose an immediate threat to health and safety,
or are lilwlyto result in immediate injury and harm to real or personal property, ❑auulll
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
a. 1�vlay result in the discharge of hazardous materials or may pose an immediate threat
to health and safety, or is likely to result in immediate injury and harm to real or
personal property, natural resources, wildlife, or habitat, or
b. Was made in violation of anyapplicable regulation or ordinance, other than this
section;
the Stonnwater Administrator shall designate the time within which the connection shall be
removed. In setting the time limit for compliance, the Stormwater Administrator shall take
into consideration:
I. rl'he quantity and complexity of the work,
49

Draft 0rdinance for Surf Cil ......May 30. 2004
2. The consequences of delay,
3. 'Ilie potential harm to the environment, to the public health, and to public and
Private propety, and
'Ilse cost of remedying the damage.
(C) Spills
Deleted: Univorsa! Stormwater
Made! Ordinance (2-11-07) by
Whisnant draft for review only do not
copy or distribute without express
authorization¶
Spills or leaks of polluting substances released, discharged to, or having the potential to
released or discharged to the stormwater conve)ance system, shall be contained, controlled,
collected, and properlydisposed. All affected areas shall be restored to their preexisting
condition.
Persons in control of the polluting substances immediately prior to their release or discharge,
and persons oxszung the property on which the substances were released or discharged, shall
immediately notify the (title of the individual in cknarge of managing accidental hamrdous
matenal releases in the local jurisdiction, such as a city Fire, C'hie(i of the release or discharge,
as well as making any required notifications understate and federal law. Notification shall
not relieve any person of any expenses related to the restoration, loss, damage, or any other
liability which may be incurred as a result of said spill or leak, nor shall such notification
relieve any person from other liability which may be imposed by State or other law.
(D) Nuisance
Illicit discharges and illicit connections which exist within the (city limits or planning
iuristiietion of the citti3 count (insert whichever text is applicable) are hereby found,
deemed, and declared to be dangerous or prejudiced to the public health or public safety and
are found, deemed, and declared to be public nuisances. Such public nuisances shall be
abated in accordance with the procedures set forth in section: (insert cross-reference to
nuisance abatement section of code, if agplicablel.]
50

+ .,
Draft Ordinance for Surf City, . _.. May 30, 2004_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -.. - - Deleted: Universal Stormwater
Model Ordinance {2-11-07; by
Whisnant draft for review only do not
copy or distribute without express
Appendix: Sources consulted or from which provisions were drawn for this Model Ordinance authorization¶
Model Ordinance for Post -Development Stormwater Management for New Development and
Redevelopment (Metropolitan North Georgia Water Management District)
Model Ordinance for Water Supply Watershed (NC Division of Water Quality)
Neuse River Basin Model Stormwater Program for Nitrogen Control
Tar -Pamlico Basin Nutrient -Sensitive Waters Management Strategy
Model Stormwater Ordinance (Center for Watershed Protection, Inc. ["Stormwater Center"])
Model Stormwater Ordinance (US EPA)
Unified Development Ordinance (Hall County, Georgia)
Unified Development Ordinance (Town of Apex, NC)
Land Development Ordinance (Town of Cary, NC)
Watershed Protection Ordinance (Town of Cary, NC)
Stormwater Management Model Ordinance (State of Virginia)
Town Code of Wrightsville Beach, NC
Illicit discharge provisions: Raleigh, NC; Greenville, NC; Franklin, TN
Stormwater Management Ordinance (Wake County, NC)
51

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
15A NCAC 02H .1020 Universal Stormwater Management Program
(a) Adoption of the Universal Stormwater Management Program (USMP) shall be made at the option of a
local government by adopting an ordinance that complies with the requirements of this Rule and the
requirements of 15A NCAC 02B .0104(f). The Environmental Management Commission shall approve
local ordinances if it determines that the requirements of the local ordinance equal or exceed the
provisions of this Rule. A model ordinance for the Universal Stormwater Management Program shall be
available from the Division of Water Quality (DWQ). Administration and implementation of the USMP
shall be the responsibility of the adopting local government within its jurisdiction. Local governments
located within one of the 20 Coastal -Counties may elect to have the Division of Water Quality administer
and implement the Universal Stormwater Management Program, either whole or in part, within their
jurisdiction following their adoption of the program. Adoption of the USMP may not satisfy water quality
requirements associated with the protection of threatened or endangered species or those requirements
associated with a Total Maximum Daily Load (TMDL). The requirements of the USMP shall supercede and
replace all other existing post -construction stormwater requirements within that jurisdiction, as specified
in Paragraph (b) of this Rule.
(b) With the exceptions noted in Paragraph (c) of this Rule, the requirements specified in this Rule shall
replace the following DWQ stormwater control requirements:
(1) Water Supply (WS) Watershed II (WS 11) (15A NCAC 02B .0214(3)(b)(i));
(2) WS Watershed II Critical Area (WS II CA) (15A NCAC 02B .0214(3)(b)(ii));
(3) WS Watershed III (WS 11I) (15A NCAC 02B .0215(3)(b)(i));
(4) WS Watershed III Critical Area (WS III CA) (15A NCAC 02B .0215(3)(b)(ii));
(5) WS Watershed IV (WS 1V) (15A NCAC 02B .0216(3)(b)(i));
(6) WS Watershed IV Critical Area (WS IV CA) (15A NCAC 02B .0216(3)(b)(ii));
(7) High Quality Waters (HQW) for Freshwaters (15A NCAC 02H .1006);
(8) High Quality Waters (HQW) for Saltwaters (15A NCAC 02H .1006);
(9) Outstanding Resource Waters (ORW) for Freshwaters (15A NCAC 02H .1007);
(10) Outstanding Resource Waters (ORW) for Saltwaters (15A NCAC 02H .1007);
(11) Shellfishing (SA) (15A NCAC 02H .1005(2));,
(12) Post -Construction Requirements of the Phase 2 Program (S.L. 2006-246);
(13) Coastal Counties Stormwater Requirements in 15A NCAC 02H .1005(3);
(14) Stormwater Controls for 401 Certifications under 15A NCAC 02H .0500;
(15) Catawba Buffer Rules (15A NCAC 02B .0243 and 02B .0244); and
(16) Urban Stormwater Management Requirements of the Randleman Lake Water
Supply Watershed Rules (15A NCAC 02B .0251).
(c) As mandated in 15A NCAC 02H .0506(b)(5) and (c)(5), the Division Director may review and require
amendments to proposed stormwater control plans submitted under the provisions of the 401

r
i Certification process in order to ensure that the proposed activity will not violate water quality standards.
2 Adoption of the Universal Stormwater Management Program does not affect the requirements specified in
3 15A NCAC 02B .0214(3)(b)(i)(I), 02B .0214(3)(b)(6)(C) and (D), 15A NCAC 02B .0215(3)(b)(i)(I), 02B
4 .0215(3)(b)(ii)(C) and (D), and 15A NCAC 02B .0216(3)(b)(ii)(C) and (D). The Catawba Buffer Rules
5 shall be superceded in those areas where the buffers are contained within the jurisdiction of another
6 stormwater program listed in Paragraph (b) of this Rule and the requirements of that program are
7 replaced by the USMP. For the watershed that drains to Lake James, which is not contained within the
8 jurisdiction of another stormwater program, the Catawba Buffer Rules shall be superseded if the USMP is
9 implemented in the entire area within five miles of the normal pool elevation of Lake James. The
10 implementation of the USMP shall supercede the Urban Stormwater Management Requirements of the
11 Randleman Lake Water Supply Watershed in 15A NCAC 02B .0251, but USMP implementation does not
12 affect the Randleman Lake Water Supply Watershed; Protection and Maintenance of Riparian Areas
13 requirements specified in 15A NCAC 02B .0250.
14 (d) Coastal Counties Requirements. All development activities located in one of the twenty (20) Coastal
15 Counties that disturb 10,000 square feet or more of land, including projects that disturb less than 10,000
16 square feet of land that are part of a larger common plan of development or sale, shall control the runoff
17 from the first one and one half inch of rainfall to the level specified in Paragraph (f) of this Rule. In
18 addition, all impervious surfaces, except for roads, paths, and water dependent structures, shall be
19 located at least 30 feet landward of all perennial and intermittent surface waters. In addition to the other
20 requirements specified in this Paragraph, all development activities that are located within 575 feet of
21 waters designated by the Environmental Management Commission as shellfishing waters shall be limited
22 to a maximum impervious surface density of 36 percent. Redevelopment activities that meet the
23 provisions of 15A NCAC 02H .1002(14) shall not be required to comply with the requirements of this
24 Paragraph.
25 (e) Non -Coastal Counties Requirements. All residential development activity that is located in one of the
26 eighty (80) Non -Coastal Counties that disturbs one acre or more of land, including residential
27 development that disturbs less than one acre of land that is part of a larger common plan of development
28 or sale, and all non-residential development activity that is located in one of the eighty (80) Non -Coastal
29 Counties that disturbs 1/z acre or more of land, including non-residential development that disturbs less
30 than 1/z acre of land that is part of a larger common plan of development or sale, shall control the runoff
31 from the first one inch of rainfall as specified in Paragraph (f) of this Rule. Except as allowed in this
32 Paragraph, no new impervious or partially pervious surfaces, except for roads, paths, and water
33 dependent structures, shall be allowed within the one percent Annual Chance Floodplain as delineated by
34 the North Carolina Floodplain Mapping Program in the Division of Emergency Management. For perennial
35 and intermittent streams that do not have a floodplain delineated by the Floodplain Mapping Program, all
36 development activities subject to this Rule shall be located at least 30 feet landward of all perennial and
2

"• i
1 intermittent surface waters. In addition to the other requirements specified in this Paragraph, all
2 development activities that are located within the area designated by the Environmental Management
3 Commission as a Critical Area of a Water Supply Watershed shall be limited to a maximum impervious
4 surface density of 36 percent. Redevelopment of residential structures within the one percent Annual
5 Chance Floodplain that meets the provisions of 15A NCAC 02H .1002(14) is allowed. Redevelopment of
6 non-residential structures within the one percent Annual Chance Floodplain that meets the provisions of
7 15A NCAC 02H .1002(14) is allowed provided that less than acre is disturbed during the
8 redevelopment activity. Redevelopment activities outside of the one percent Annual Chance Floodplain
9 that meet the provisions of 15A NCAC 02H .1002(14) shall not be required to comply with the
10 requirements of this Paragraph.
it (f) Structural stormwater controls required under Paragraphs (d) and (e) shall meet the following criteria:
12 (1) Remove an 85 percent average annual amount of Total Suspended Solids.
13 (2) For detention ponds draw down the treatment volume no faster than 48 hours, but no
14 slower than 120 hours.
15 (3) Discharge the storage volume at a rate equal or less than the pre -development discharge
16 rate for the 1-year, 24-hour storm.
17 (4) Meet the General Engineering Design Criteria set forth in 15A NCAC 02H .1008(c).
18 (g) For the purposes of this Rule, a surface water shall be present if the feature is shown on either the
19 most recent complete version of the soil survey map prepared by the Natural Resources Conservation
20 Service of the United States Department of Agriculture or the most recent version of the 1:24,000 scale
21 (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS).
22 Relief from this requirement shall be allowed when surface waters are not present in accordance with the
23 provisions of 15A NCAC 023 .0233 (3)(a).
24 (h) Local governments that implement the Universal Stormwater Management Program shall require
25 recorded deed restrictions and protective covenants that ensure development activities will maintain the
26 project consistent with approved plans.
27 (i) Local governments that implement the Universal Stormwater Management Program shall require an
28 operation and maintenance plan that ensures the operation of the structural stormwater control
29 measures required by the program. The operation and maintenance plan shall require the owner of each
30 structural control to submit a maintenance inspection report on each structural stormwater control
31 measure annually to the local program.
32 0) In addition to the other measures required in this Rule, all development activities located in one of the
33 twenty (20) Coastal Counties that disturb 10,000 square feet or more of land within 1/2 mile and draining
34 to SA waters shall:
35 (1) Use stormwater control measures that result in fecal coliform die off and that control to
36 the maximum extent practicable sources of fecal coliform while incorporating the
3

t
1 requirements specified in Paragraph (f) of this Rule.
2 (2) Prohibit new points of stormwater discharge to SA waters or expansion (increase in the
3 volume of stormwater Flow through conveyances or increase in capacity of conveyances)
4 of existing stormwater conveyance systems that drain to SA waters. Any modification or
5 redesign of a stormwater conveyance system within the contributing drainage basin must
6 not increase the net amount or rate of stormwater discharge through existing outfalls to
7 SA waters. Diffuse flow of stormwater at a non -erosive velocity to a vegetated buffer or
8 other natural area capable of providing effective infiltration of the runoff from the 1-year,
9 24-hour storm shall not be considered a direct point of stormwater discharge.
10 Consideration shall be given to soil type, slope, vegetation, and existing hydrology when
11 evaluating infiltration effectiveness.
12 (k) In addition to the other measures required in this Rule, development activities draining to trout Jr)
13 waters shall use stormwater control measures that avoid an increase in the receiving water temperature,
14 while still incorporating the requirements specified in Paragraph (f).
15 (1) The Division, upon determination that a local government is failing to implement or enforce the
16 approved local stormwater program, shall notify the local government in writing of the local program
17 inadequacies. If the local government has not corrected the deficiencies within 90 days of receipt of
18 written notification from the Division, then the Division shall implement and enforce the provisions of this
19 Rule.
20 (m) Development activities conducted within a jurisdiction where the USMP has been implemented may
21 take credit for the nutrient reductions achieved by utilizing diffuse flow in the one percent Annual Chance
22 Floodplain to comply with the nutrient loading limits specified within NSW Rules where the one percent
23 Annual Chance Floodplain exceeds the 50-Foot Riparian Buffers. Development activities occurring where
24 the USMP has been implemented but there is no delineated one percent Annual Chance Floodplain may
25 take credit for the nutrient reductions achieved by utilizing diffuse Flow into a vegetated filter strip that
26 exceeds the 50-foot Riparian Buffer by at least 30 feet and has a slope of five degrees, or less.
27 (n) The following special provisions of the Universal Stormwater Management Program apply only to
28 federal facilities and Department of Defense (DoD) installations. Federal facilities and DoD installations
29 may adopt the Universal Stormwater Management Program within their boundaries by submitting a letter
30 to the Chairman of the Environmental Management Commission that states that the facility in question
31 has adopted controls that comply with the requirements of this Rule and with the requirements of 15A
32 NCAC 02B .0104(f). In lieu of the protective covenants and deed restrictions required in Paragraph (h) of
33 this Rule, federal facilities and DoD installations that choose to adopt the USMP within their boundaries
34 shall incorporate specific restrictions and conditions into base master plans, or other appropriate
35 instruments, to ensure that development activities regulated under this Rule will be maintained in a
36 manner consistent with the approved plans.
4

1 (o) Implementation of this Universal Stormwater Management Program does not affect any other rule or
2 requirement not specifically cited in this Rule.
4 History Note: Authority G.S. 143-214.1; 143-214.7; 143-215.1; 143-215.3(a);
5 Eff. January 1, 2007.