NCS000547_3_SW Ordinance_20210610

Falls Lake Watershed, Water Supply Watershed,
and NPDES Phase 11
Stormwater Ordinance for New Development and
Illicit Discharge Detection and Elimination Ordinance
Adopted February 12, 2019

Table of Contents
SECTION]: GENERAL PROVISIONS .......................................................................... 7
53-101
Title ..................................................................................................................... 7
53-102
Authority ............................................................................................................. 7
53-103
Findings .............................................................................................................. 7
53-104
Purpose ............................................................................................................... 8
53-105
Applicability and Jurisdiction ............................................................................ 9
(A)
General ............................................................................................................... 9
(B)
Exemptions ........................................................................................................ 9
(C)
No Development or Redevelopment Until Compliance and Permit ...........
10
(D)
Map ...................................................................................................................
10
53-106
Interpretation ...................................................................................................
10
(A) Meaning and Intent ......................................................................................... 10
(B) Text Controls in Event of Conflict ................................................................ 10
(C) Authority for Interpretation .......................................................................... 10
(D) References to Statutes, Regulations, and Documents .................................. I I
(E) Computation of Time ...................................................................................... 11
(F) Delegation of Authority .................................................................................. I I
(G) Usage ................................................................................................................ 11
(H) Measurement and Computation .................................................................... 11
53-107 Design Manual ................................................................................................. 12
(A)
Reference to Design Manual ..........................................................................
12
(B)
Relationship of Design Manual to Other Laws and Regulations ...............
12
(C)
Changes to Standards and Specifications .....................................................
12
(D)
Amendments to Design Manual .....................................................................
12
(E)
Design Manual vs. NC DENR BMP Manual ................................................
12
53-108
Relationship to Other Laws, Regulations and Private Agreements ...............
12
(A)
Conflict of Laws ..............................................................................................
12
(B)
Private Agreements .........................................................................................
13
53-109
Severability .......................................................................................................
13
53-110
Effective Date and Transitional Provisions ....................................................
13
(A)
Effective Date ..................................................................................................
13
(B)
Final Approvals, Complete Applications ......................................................
13

(C)
Violations Continue ........................................................................................
14
SECTION 2: ADMINISTRA TION AND PROCEDURES ............................................
15
53-201
Review and Decision -Making Entities ............................................................
15
(A)
Stormwater Administrator ............................................................................
15
53-202
Review Procedures ...........................................................................................
15
(A)
Permit Required; Must Apply for Permit ....................................................
15
(B)
Effect of Permit ...............................................................................................
16
(C)
Authority to File Applications .......................................................................
16
(D)
Establishment of Application Requirements, Schedule, and Fees .............
16
(E)
Submittal of Complete Application ...............................................................
17
(F)
Review ..............................................................................................................
17
53-203
Applicationsfor Approval ................................................................................
18
(A)
Concept Plan and Consultation Meeting ......................................................
18
(B)
Stormwater Management Permit Application .............................................
19
(C)
As -Built Plans and Final Approval ...............................................................
19
(D)
Other Permits ..................................................................................................
19
53-204
Approvals ..........................................................................................................
20
(A)
Effect of Approval ...........................................................................................
20
(B)
Time Limit/Expiration ....................................................................................
20
53-205 Appeals ............................................................................................................. 20
(A) Right of Appeal ............................................................................................... 20
(B) Filing of Appeal and Procedures ................................................................... 20
(C) Review by Superior Court .............................................................................. 20
SECTION 3: STANDARDS ............................................................................................ 22
53-301 General Standards ........................................................................................... 22
53-302 PHASEHStandards ........................................................................................ 22
(A) Development Standards for Low -Density Projects ...................................... 22
(B) Development Standards for High -Density Projects ..................................... 23
53-303 Falls Lake Watershed Standards ..................................................................... 24
(A) Nitrogen and Phosphorus loading ................................................................. 24
(B) Nitrogen and Phosphorus standard is supplemental ................................... 24
(C) TSS Removal for High Density Projects ....................................................... 24
(D) Partial Offset of Nutrient Control Requirements ........................................ 24
3

53-304
Water Supply Watershed Standards ................................................................
25
(A)
Exemptions from Water Supply Watershed Standards ..............................
25
(B)
General .............................................................................................................
25
(C)
Subdivision Application, Standards and Required Improvements ............
25
(D)
Construction Procedures ................................................................................
26
(E)
Penalty for Transferring Lots in Unapproved Subdivisions .......................
26
(F)
Watershed Areas Described; WS-111-BW (Balance of Watershed) with
LowDensity Option ....................................................................................................
27
(G)
Watershed Areas Described; WS-111-BW (Balance of Watershed) with
HighDensity
Options ..................................................................................................
27
(H)
Cluster Development ......................................................................................
28
(1)
Water Supply Watershed Buffers .................................................................
28
(J)
Watershed Area Boundaries ..........................................................................
29
(K)
Existing Development for Water Supply Watershed ..................................
29
(L)
Application of Regulations .............................................................................
30
(M)
General Public Health ....................................................................................
30
53-305
Control and Treatment ofRunoff Volume .....................................................
30
53-306 Water Quantity reduction ................................................................................ 30
53-307 Evaluation of Standardsjor Stormwater Control Measures .......................... 31
(A) Evaluation According to Contents of Design Manual ................................. 31
(B) Determination of Adequacy; Presumptions and Alternatives .................... 31
53-308 Dedication of BMPS, Facilities & Improvements .......................................... 31
53-309 Variances .......................................................................................................... 31
SECTION 4: MAINTENANCE ...................................................................................... 33
53-401 General Standardsjor Maintenance ............................................................... 33
(A) Function of BMPs As Intended ...................................................................... 33
(B) Annual Maintenance Inspection and Report ............................................... 33
53-402 Operation and Maintenance Agreement ......................................................... 33
(A) In General ........................................................................................................ 33
(B) Operation and Maintenance Agreement ...................................................... 34
53-403 Inspection Program .......................................................................................... 36
53-404 Performance Securityfor Installation and Maintenance .............................. 36
(A) May Be Required ............................................................................................ 36
11

(B) Amount ............................................................................................................. 37
(C) Uses of Performance Security ........................................................................ 37
53-405 Notice to owners ............................................................................................... 38
(A) Deed Recordation and Indications On Plat .................................................. 38
(B) Signage ............................................................................................................. 38
53-406 Records ofInstallation and Maintenance Activities ....................................... 38
53-407 Nuisance ........................................................................................................... 38
53-408 Maintenance Easement ................................................................................... 38
SECTION 5: ENFORCEMENT AND VIOLATIONS .................................................. 39
53-501 General ............................................................................................................. 39
(A)
Authority to Enforce .......................................................................................
39
(B)
Violation Unlawful ..........................................................................................
39
(C)
Each Day a Separate Offense .........................................................................
39
(D)
Responsible PersonslEntities ..........................................................................
39
53-502
Remedies and Penalties ...................................................................................
40
(A) Remedies .......................................................................................................... 40
(B) Civil Penalties .................................................................................................. 41
(C) Criminal Penalties ........................................................................................... 41
53-503 Procedures ........................................................................................................ 41
(A) Initiation/Complaint ....................................................................................... 41
(B) Inspection ......................................................................................................... 41
(C) Notice of Violation and Order to Correct ..................................................... 41
(D) Extension of Time ........................................................................................... 42
(E) Enforcement After Time to Correct .............................................................. 42
(F) Emergency Enforcement ................................................................................ 42
SECTION 6: DEFINITIONS ......................................................................................... 43
53-601 Terms Defined .................................................................................................. 43
Built -upon area (BUA) ............................................................................................... 43
Department.................................................................................................................. 43
DesignManual ............................................................................................................. 43
Development................................................................................................................ 43
Division......................................................................................................................... 43
Engineeredstormwater control ................................................................................. 43

Landdisturbing activity ............................................................................................. 44
Larger common plan of development or sale ........................................................... 44
I -year, 24-hour storm ................................................................................................. 44
10-year, 24-hour storm ............................................................................................... 44
100-year, 24-hour storm ............................................................................................. 44
Outfall.......................................................................................................................... 45
Owner...........................................................................................................................
45
Person...........................................................................................................................
45
Redevelopment............................................................................................................
45
Substantialprogress
....................................................................................................
45
SECTION 7. Illicit Discharge Detection and Elimination ............................................
49
53-701
Illicit Discharges and Connections .................................................................
49
(A)
Illicit Discharges ..............................................................................................
49
(B)
Illicit Connections ...........................................................................................
49
(C)
Spills .................................................................................................................
50
(D)
Industrial or Construction Activity Discharges ...........................................
50
53-702
Right of entry ....................................................................................................
50
(A)
Authority to Inspect ........................................................................................
50
(B)
Authority to Sample, Establish Sampling Devices, and Test . .....................
51
53-703
Enforcement . ....................................................................................................
51
(A)
Notice of Violation ...........................................................................................
51
(B)
Violations Deemed a Public Nuisance ...........................................................
51
53-704
Definitions ........................................................................................................
51

SECTION 1: GENERAL PROVISIONS
53-101 TITLE
This ordinance shall be officially known as "The Falls Watershed, Water Supply Watershed
and NPDES Phase Il Stormwater Ordinance for New Development." It is referred to
herein as "this ordinance."
53-102 AUTHORITY
The City of Roxboro is authorized to adopt this ordinance pursuant to North Carolina law,
including but not limited to Article 14, Section 5 of the Constitution of North Carolina;
North Carolina General Statutes Chapter 143-214.7 and rules promulgated by the
Environmental Management Commission thereunder; Chapter 143-215.6A; Chapter 153A-
454; Chapter 160A, §§ 174, 185, 459; as well as Chapter 11 3A, Article 21, Part 6, Floodway
Regulation.
53-103 FINDINGS
It is hereby determined that:
Development and redevelopment alter the hydrologic response of local watersheds and increases
stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion,
nonpoint and point source pollution, and sediment transport and deposition, as well as
reducing groundwater recharge;
These changes in stormwater runoff contribute to increased quantities of water -borne
pollutants and alterations in hydrology that are harmful to public health and safety as well as
to the natural environment; and
These effects can be managed and minimized by applying proper design and well -planned
controls to manage stormwater runoff from development sites.
Further, the Commission has identified Falls of Neuse reservoir, a water supply reservoir, as
nutrient sensitive waters; has identified all or a portion of the reservoir as impaired waters
under the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has
promulgated rules (the "Falls Rules") to reduce the average annual loads of nitrogen and
phosphorus delivered to Falls Reservoir from all point and nonpoint sources of these
nutrients located within its watershed, including stormwater from new development in this
jurisdiction;
Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and federal
Phase 11 Stormwater Rules promulgated under it, as well as rules of the North Carolina
Environmental Management Commission promulgated in response to federal Phase II
requirements, compel certain urbanized areas, including this jurisdiction, to adopt the
minimum stormwater controls such as those included in this ordinance.
Therefore, the City of Roxboro City Council establishes this set of water quality and quantity
regulations to meet the requirements of state and federal law regarding control of
stormwater runoff and discharge for development.

53-104 PURPOSE
The purpose of this ordinance is to protect, maintain and enhance the public health, safety,
environment and general welfare by establishing minimum requirements and procedures to
control the adverse effects of increased stormwater runoff, nitrogen and phosphorus in
stormwater runoff and nonpoint and point source pollution associated with new development
and redevelopment in the City of Roxboro corporate limits. It has been determined that proper
management of construction -related and post -development stormwater runoff will minimize
damage to public and private property and infrastructure; safeguard the public health, safety,
and general welfare; and protect water and aquatic resources.
This ordinance seeks to meet its general purpose through the following specific
objectives and means:
1. Establishing decision -making processes for development that protects the
integrity of watersheds and preserve the health of water resources;
2. Requiring that new development and redevelopment maintain the pre -development
hydrologic response in their post -development state for the applicable design
storm to reduce flooding, streambank erosion, nonpoint and point source
pollution and increases in stream temperature, and to maintain the integrity of
stream channels and aquatic habitats;
3. Establishing rru*n1mum post -development stormwater management standards
and design criteria for the regulation and control of stormwater runoff quantity
and quality;
4. Establishing design and review criteria for the construction, function, and use
of structural stormwater BMPs that may be used to meet the minimum post -
development stormwater management standards;
5. Encouraging the use of better management and site design practices, such as
the use of vegetated conveyances for stormwater and the preservation of
greenspace, riparian buffers and other conservation areas to the maximum
extent practicable;
6. Establishing provisions for the long-term responsibility for and maintenance
of structural and nonstructural s/orm2pater BMPs to ensure that they continue to
function as designed, are maintained appropriately, and pose no threat to public
safety;
7. Establishing administrative procedures for the submission, review, approval
and disapproval of stormwatermanagementplans, for the inspection of approved
projects, and to assure appropriate long-term maintenance.
8. Controlling illicit discharges into the municipal separate stormwater gstem.
9

53-105 APPLICABILITY AND JURISDICTION
(A) General
Beginning with and subsequent to its effective date, this ordinance shall. be
applicable to all development and redevelopment, including, but not limited to, site plan
applications, subdivision applications, and grading applications, within the corporate
and extra territorial jurisdictional limits unless exempt pursuant to this ordinance.
(B) Exemptions
Single family and duplex residential and recreational development and redevelopment that
cumulatively disturbs less than one half acre in the Falls Lake Watershed or one (1)
acre within the rest of the City's jurisdiction or does not increase the built upon area
of the site and is not part of a lar
ger commonplan of development or sale is exempt from
the provisions of this ordinance. This exemption does not exist for the Water
Supply Watershed Standards within the City's jurisdiction.
Commercial, industrial, institutional, multifamily residential or local government
development and redevelopment that cumulatively disturbs less than 12,000 square feet in
the Falls Lake Watershed or one (1) acre within the rest of the City's jurisdiction or
does not increase the built upon area of the site and is not part of a larger commonplan
of development or sale is exempt from the provisions of this ordinance. This exemption
does not exist for the Water Supply Watershed Standards within the City's
jurisdiction.
Development and redevelopment that disturbs less than the above thresholds are not
exempt if such activities are part of a IaTer commonplan of development or sale and the
larger common plan exceeds the relevant threshold, even though multiple, separate
or distinct activities take place at different times on different schedules.
Development that is exempt from permit requirements of Section 404 of the federal
Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and
forestry activities) are exempt from the provisions of this ordinance.
Redevelopment projects that are exempt from this ordinance must provide equal or
greater stormwater control than the previous development.
This ordinance shall not require private property owners to install new or increased
stormwater controls for (i) preexisting development or (ii) redevelopment activities
that do not remove or decrease existing stormwater controls. When a preexisting
development is redeveloped, either in whole or in part, increased stormwater
controls shall only be required for the amount of impervious surface being created
that exceeds the amount of impervious surface that existed before the
redevelopment.
AU subdivisions must be reviewed by the Stormwater Administrator prior to
recording by the Register of Deeds to determine whether or not the
property/project is subject to this ordinance.

(C) No Development or Redevelopment Until Compliance and Permit
No development or redevelopment shall occur except in compliance with the provisions
of this ordinance or unless exempted. No development or redevelopment for
which a permit is required pursuant to this ordinance shall occur except in
compliance with the provisions, conditions, and limitations of the permit.
(D) Map
The provisions of this ordinance shall applywithin the areas designated on the map
tided "Stormwater Map of City of Roxboro, North Carolina" ("die Stormwater
Map"), which is adopted simultaneously herewith. The Stormwater Map and all
explanatory matter contained thereon accompanies and is hereby made a part of this
ordinance. The Stormwater Map will contain two different designations, within Falls
Lake watershed and outside of Falls Lake Watershed. Falls Lake and Water Supply
Watershed standards will applywithin the Falls Lake watershed and the Phase 11
standards will apply to all areas of the map.
The Stormwater Map shall be kept on file by the Stormwater Administrator and
shall be updated to take into account changes in the land area covered by this
ordinance and the geographic location of all engineered stormwater controls permitted
under this ordinance. In the event of a dispute, the applicability of this ordinance to
a particular area of land or BMP shall be determined by reference to the North
Carolina Statutes, the North Carolina Administrative Code, and local zoning and
jurisdictional boundary ordinances.
53-106 INTERPRETATION
(A) Meaning and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
construed according to the general and specific purposes set forth in Section 104,
Purpose. If a different or more specific meaning is given for a term defined
elsewhere in the City of Roxboro Code of Ordinances, the meaning and application
of the term in this ordinance shall control for purposes of application of this
ordinance.
(B) Text Controls in Event of Conflict
in the event of a conflict or inconsistency between the text of this ordinance and
any heading, caption, figure, illustration, table, or map, the text shall control.
Authority for Interpretation
The Stormwater Administrator has authority to determine the interpretation of this
ordinance. Anyperson may request an interpretation by submitting a written request
to the Stormwater Administrator, who shall respond in writing within 30 days. The
Stormwater Administrator shall keep on file a record of all written interpretations of
this ordinance.
10

(D) References to Statutes, Regulations, and Documents
Whenever reference is made to a resolution, ordinance, statute, regulation, manual
(including the Design Manua�, or document, it shall be construed as a reference to
the most recent edition of such that has been finalized and published with due
provision for notice and comment, unless otherwise specifically stated.
Computation of Time
The time in which an act is to be done shall be computed by excluding the first day
and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the City of Roxboro, the deadline or required date
of action shall be the next day that is not a Saturday, Sunday or holiday observed by
the City of Roxboro. References to days are calendar days unless otherwise stated.
Delegation of Authority
Any act authorized by this Ordinance to be carried out by the Stormwater
Administrator of City of Roxboro may be carried out by his or her designee.
(G) Usage
(1) Mandatory and Discretionary Teffns
The words "shall," "must," and "will" are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words "May"
and "should" are permissive in nature.
(2) Conjunctions
Unless the context clearly indicates the contrary, conjunctions shall be
interpreted as follows: The word "and" indicates that all connected items,
conditions, provisions and events apply. The word "or" indicates that one or
more of the connected items, conditions, provisions or events apply.
(3) Tense, Plurals, and Gender
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender,
and vice versa.
(H) Measurement and Computation
Lot area refers to the amount of horizontal land area contained inside the lot lines
of a lot or site.
I I

53-107 DESIGN MANUAL
(A) Reference to Design Manual
The Stormwater Administrator shall use the policy, criteria, and information,
including technical specifications and standards, in the Design Manual as the basis for
decisions about stormwater permits and about the design, implementation and
performance of engineered stormmater controls and other practices for compliance with
this ordinance.
The Design Manual includes a list of acceptable stormwater treatment practices,
including specific design criteria for each stormwater practice. Stormwater treatment
practices that are designed, constructed, and maintained in accordance with these
design and sizing criteria will be presumed to meet the minimum water quality
performance standards of the Falls Rules.
(B) Relationship of Design Manual to Other Laws and Regulations
Tf the specifications or guidelines of the Design Manual are more restrictive or apply a
higher standard than other laws or regulations, that fact shall not prevent application
of the specifications or guidelines in the Design Manual.
(C) Changes to Standards and Specifications
If the standards, specifications, guidelines, policies, criteria, or other information in
the Design Manual are amended subsequent to the submittal of an application for
approval pursuant to this ordinance but prior to approval, the new information —Awl
may control and Awl may be utilized in reviewing the application and in
implementing this ordinance with regard to the application. This decision will be
made by the Stormwater Administrator.
(D) Amendments to Design Manual
The Design Manual may be updated and expanded from time to time, based on
advancements in technology and engineering, improved knowledge of local
conditions, or local monitoring or maintenance experience.
Prior to amending or updating the Design Manual, proposed changes shall be
generally publicized and made available for review, and an opportunity for comment
by interested persons shall be provided.
(E) Design Manual vs. NC DENR BMP Manual
The Design Manual shall be as stringent or more so than the North Carolina
Department of Environment and Natural Resources -Division of Water Quality's
Manual of Stormwater Best Management Practices.
53-108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS
(A) Conflict of Laws
This ordinance is not intended to modify or repeal any other ordinance, rule,
regulation or other provision of law. The requirements of this ordinance are in
12

addition to the requirements of any other ordinance, rule, regulation or other
provision of law. Where any provision of this ordinance imposes restrictions
different from those imposed by any other ordinance, rule, regulation or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human or environmental health, safety, and welfare shall
control.
(B) Private Agreements
This ordinance is not intended to revoke or repeal any easement, covenant, or other
private agreement. However, where the regulations of this ordinance are more
restrictive or impose higher standards or requirements than such an easement,
covenant, or other private agreement, the requirements of this ordinance shall
govern. Nothing in this ordinance shall modify or repeal any private covenant or
deed restriction, but such covenant or restriction shall not legitimize any failure to
comply with this ordinance. 1n no case shall City of Roxboro be obligated to
enforce the provisions of any easements, covenants, or agreements between private
parties.
53-109 SEVERABILITY
Tf the provisions of any section, subsection, paragraph, subdivision or clause of this
ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or
clause of this ordinance.
53-110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS
(A) Effective Date
This Ordinance shall take effect on 11113:1. 2012.
(B) Final Approvals, Complete Applications
All development and redevelopment projects for which complete and full applications
were submitted and approved by the City of Roxboro prior to the effective date of
this ordinance and which remain valid, unexpired, unrevoked and not otherwise
terminated at the time of development shall be exempt from complying with all
provisions of this ordinance dealing with the control and/or management of
stormwater.
A phased development plan shall be deemed approved prior to the effective date of
this ordinance if it has been approved by all necessary government units, it remains
valid, unexpired, unrevoked and not otherwise terminated, and it shows:
1. For the initial or first phase of development or redevelopment, the type and intensity of
use for a specific parcel or parcels, including at a minimum, the boundaries of the
project and a subdivision plan that has been approved.
2. For any subsequent phase of development or redevelopment, sufficient detail so that
implementation of the requirements of this ordinance to that phase of development
would require a material change in that phase of the plan.
13

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, development, construction, or other
activity complies with the provisions of this ordinance.
14

SECTION 2: ADMINISTRATION AND PROCEDURES
53-201 REVIEW AND DECISION -MAKING ENTITIES
(A) Stormwater Administrator
(1) Designation
A Stormwater Administrator shall be designated by the City of Roxboro City
Manager to administer and enforce this ordinance.
(2) Powers and Duties
In addition to the powers and duties that may be conferred by other provisions
of the City of Roxboro Code of Ordinances and other laws, the Stormwater
Administrator shall have the following powers and duties under this ordinance:
a. To review and approve, approve with conditions, or disapprove
applications for approval of plans pursuant to this ordinance.
b. To make determinations and render interpretations of this ordinance.
c. To establish application requirements and schedules for submittal and
review of applications and appeals, to review and make
recommendations to the City of Roxboro City Council on applications
for development or redevelopment approvals.
d. To enforce the provisions of this ordinance in accordance with its
enforcement provisions.
e. To maintain records, maps, forms and other official materials as relate
to the adoption, amendment, enforcement, and administration of this
ordinance.
f. To provide expertise and technical assistance to the City of Roxboro
City Council, upon request.
g. To designate appropriate other person(s) who shall carry out the powers
and duties of the Stormwater Administrator.
h. To take any other action necessary to administer the provisions of this
ordinance.
i. To keep records of all reviews and actions generated by and associated
with this ordinance.
53-202 REVIEW PROCEDURES
(A) Permit Required; Must Apply for Permit
A stormwater permit is required for all development and redevelopment unless exempt
pursuant to this ordinance. A permit may only be issued subsequent to a properly
15

submitted and reviewed permit application, pursuant to this section. A permit is
required prior to a certificate of occupancy being issued and executed on a property.
Effect of Permit
A stormwater permit shall govern the design, installation, and construction of
stormwater management and control practices on the site, including engineered
stormwater controls and elements of site design for stormwater management other than
en
,gineered stormwater controls.
The permit is intended to provide a mechanism for the review, approval, and
inspection of the approach to be used for the management and control of
stormwater for the development or redevelopment site consistent with the requirements
of this ordinance, whether the approach consists of engineered stormwater controls or
other techniques such as low -impact or low -density design. The permit does not
continue in existence indefinitely after the completion of the project; rather,
compliance after project construction is assured by the maintenance provisions of
this ordinance.
Authority to File Applications
All applications required pursuant to this Code shall be submitted to the Stormwater
Administrator by the land owner or the land owner's duly authorized agent.
Establishment of Application Requirements, Schedule, and Fees
(1) Application Contents and Form
The Stormwater Administrator shall establish requirements for the content and
form of all applications and shall amend and update those requirements from
time to time. At a minimum, the stormwater permit application shall describe in
detail how post -development stormwater runoff will be controlled and managed,
the design of all stormwater facilities and practices, and how the proposed
project will meet the requirements of this ordinance.
(2) Submission Schedule
The Stormwater Administrator shall establish a submission schedule for
applications. The schedule shall establish deadlines by which complete
applications must be submitted for the purpose of ensuring -that there is
adequate time to review applications3 and that the various stages in the review
process are accommodated.
(3) Permit Review Fees
The City of Roxboro shall establish permit review fees as well as policies
regarding refund of any fees upon withdrawal of an application, and may amend
and update the fees and policies from time to time.
16

(4) Administrative Manual
For applications required under this Code, the Stormwater Administrator shall
compile the application requirements, submission schedule, fee schedule, a copy
of this ordinance, and information on how and where to obtain the Design
Manual in an Administrative Manual, which shall be made available to the
public.
Submittal of Complete Application
Applications shall be submitted to the Stormwater Administrator pursuant to the
application submittal schedule in the form established by the Stormwater
Administrator, along with the appropriate fee established pursuant to this section.
An application shall be considered as timely submitted only when it contains all
elements of a complete application pursuant to this ordinance, along with the
appropriate fee. If the Stormwater Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be
provided with an opportunity to submit a complete application. However, the
submittal of an incomplete application shall not suffice to meet a deadline contained
in the submission schedule established above.
Review
Within 15 working days after a complete application is submitted, the Stormwater
Administrator shall review the application and determine whether the application
complies with the standards of this ordinance.
(1) Approval
If the Stormwater Administrator finds that the application complies with the
standards of this ordinance, the Stormwater Administrator shall approve the
application. The Stormwater Administrator may impose conditions of approval
as needed to ensure compliance with this ordinance. The conditions shall be
included as part of the approval.
(2) Fails to Comply
If the Stormwater Administrator finds that the application fails to comply with
the standards of this ordinance, the Stormwater Administrator shall notify the
applicant and shall indicate how the application fails to comply. The applicant
shall have an opportunity to submit a revised application.
(3) Revision and Subsequent Review
A complete revised application shall be reviewed by the Stormwater
Administrator within 15 working days after its re -submittal and shall. be
approved, approved with conditions or disapproved.
If a revised application is not re -submitted within thirty (30) calendar days from
the date the applicant was notified, the application shall be considered
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withdrawn, and a new submittal for the same or substantially the same project
shall be required along with the appropriate fee for a new submittal.
One re -submittal of a revised application may be submitted without payment of
an additional permit review fee. Any re -submittal after the first re -submittal
shall be accompanied by a permit review fee additional fee, as established
pursuant to this ordinance.
53-203 APPLICATIONS FOR APPROVAL
(A) Concept Plan and Consultation Meeting
Before a stormwater management permit application is deemed complete, the
Stormwater Administrator or developer may request a consultation on a concept
plan for the post -construction stormwater management system to be utilized in the
proposed development project. This consultation meeting should take place at the time
of the preliminary plan of subdivision or other early step in the development process.
The purpose of this meeting is to discuss the stormwater management measures
necessary for the proposed project, as well as to discuss and assess constraints,
opportunities and potential approaches to stormwater management designs before
formal site design engineering is commenced. Local watershed plans and other
relevant resource protection plans should be consulted in the discussion of the
concept plan.
To accomplish this goal, the following information should be included in the
concept plan, which should be submitted in advance of the meeting:
(1) Existing Conditions / Proposed Site Plans
Existing conditions and proposed site layout sketch plans, which illustrate at a
minimum: existing and proposed topography; perennial and intermittent
streams; mapping of predominant soils from soil surveys (if available); stream
and other buffers and features used in designing buffers and meeting any
applicable buffer requirements; boundaries of existing predominant vegetation;
proposed limits of clearing and grading; and location of existing and proposed
roads, buildings, parking areas and other impervious surfaces.
(2) Natural Resources Inventory
A written or graphic inventory of natural resources at the site and surrounding
area as it exists prior to the commencement of the project. This description
should include a discussion of soil conditions, forest cover, geologic features,
topography, wetlands, and native vegetative areas on the site, as well as the
location and boundaries of other natural feature protection and conservation
areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g.,
drinking water well setbacks, septic setbacks, etc.). Particular attention should be
paid to environmentally sensitive features that provide particular opportunities
or constraints for development and stormwater management.
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(3) Stormwater Management System Concept Plan
A written or graphic concept plan of the proposed post -development stormwater
management system including: preliminary selection and location of proposed
engineered stormwater controls; low -impact design elements; location of existing and
proposed conveyance systems such as grass channels, swales, and storm drains;
flow paths; location of floodplain/floodway limits; relationship of site to
upstream and downstream properties and drainages; and preliminary location of
any proposed stream channel modifications, such as bridge or culvert crossings.
Stormwater Management Permit Application
The stormwater management permit application shall detail how post -development
stormwater runoff will be controlled and managed and how the proposed project
will meet the requirements of this ordinance, including Section 3, Standards. All
such plans shall be prepared by a qualified registered North Carolina professional
engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor,
soil scientist or landscape architect shall perform services only in their area of
competence, and shall verify that the design of all stormwater management facilities
and practices meets the submittal requirements for complete applications, that the
designs and plans are sufficient to comply with applicable standards and policies
found in the Design Manual, and that the designs and plans ensure compliance with
this ordinance.
The submittal shall include all of the information required in the submittal checklist
established by the Stormwater Administrator. Incomplete submittals shall be treated
pursuant to Section 53-202(D).
(C) As -Built Plans and Final Approval
The plans shall show the final design specifications for Upon completion of a
project, and before a certificate of occupancy shall be granted, the applicant shall
certify that the completed project is in accordance with the approved stormwater
management plans and designs, and shall submit actual "as built" plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management
facilities and practices and the field location, size, depth, and planted vegetation of
all measures, controls, and devices, as installed. The designer of the stormwater
management measures and plans shall certify, under seal, that the as -built
stormwater measures, controls, and devices are in compliance with the approved
stormwater management plans and designs and with the requirements of this
ordinance. A final inspection and approval by the Stormwater Administrator shall
occur before the release of any performance securities.
(D) Other Permits
No certificate of compliance or occupancy shall be issued by the City of Roxboro
without final as -built plans and a final inspection and approval by the Stormwater
Administrator, except where multiple units are served by the stormwater practice or
facilities, in which case the City of Roxboro may elect to withhold a percentage of
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permits or certificates of occupancy until as -built plans are submitted and final
inspection and approval has occurred.
53-204 APPROVALS
(A) Effect of Approval
Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt
the applicant from obtaining other applicable approvals from local, state, and federal
authorities.
(B) Time Limit/Expiration
An approved plan shall become null and void if the applicant fails to make substantial
pro
,gress on the site within one year after the date of approval. The Stormwater
Administrator may grant a single, one-year extension of this time limit, for good
cause shown, upon receiving a written request from the applicant before the
expiration of the approved plan.
1n granting an extension, the Stormwater Administrator may require compliance
with standards adopted since the original application was submitted unless there has
been substantial reliance on the original permit and the change in standards would
infringe the applicant's vested rights.
53-205 APPEALS
(A) Right of Appeal
Any aggrieved person affected by any decision, order, requirement, or determination
relating to the interpretation or application of this ordinance made by the
Stormwater Administrator, may file an appeal to the Board of Adjustment within 30
days. Appeals of variance requests shall be made as provided in the section on
Variances. ln the case of requests for review of proposed civil penalties for
violations of this ordinance, the Board of Adjustment shall make a final decision on
the request for review within 90 days of receipt of the date the request for review is
filed.
(B) Filing of Appeal and Procedures
Appeals shall be taken within the specified time period by filing a notice of appeal
and specifying the grounds for appeal on forms provided by City of Roxboro. The
Stormwater Administrator shall transmit to the Board of Adjustment all documents
constituting the record on which the decision appealed from was taken.
The hearing conducted by the Board of Adjustment shall be conducted in the nature
of a quasi-judicial proceeding with all findings of fact supported by competent,
material evidence.
(C) Review by Superior Court
Every decision of the Board of Adjustment shall be subject to Superior Court
review by proceedings in the nature of certiorari. Petition for review by the Superior
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Court shall be filed with the Clerk of Superior Court within thirty (30) days after the
latter of the following:
(1) The decision of the Board of Adjustment 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 Chairman of the Board of Adjustment at
the time of its hearing of the case.
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SECTION 3: STANDARDS
53-301 GENERAL STANDARDS
All development and redevelopment to which this ordinance applies shall comply with the
standards of this section. The approval of the stormwater permit shall require an enforceable
restriction on property usage that runs with the land, such as a recorded deed restriction or
protective covenants, to ensure that future development and redevelo ment maintains the site
_p
consistent with the approved project plans.
Three types of standards exist in this ordinance: Phase 11 standards that apply to the areas
within the City of Roxboro that are not within the Falls Lake Watershed; Falls Lake
Watershed standards and Water Supply Watershed standards that only apply to the areas
within the Falls Lake Watershed. Compliance with the Water Supply Watershed Standards
within the Falls Lake Watershed is considered, by law, compliance with the NPDES Phase 11
standards. See the Stormwater Map to determine which standards apply to specific
properties. Where standards within this ordinance overlap the most stringent standard shall
be applied.
53-302 PHASE 11 STANDARDS
(A) Development Standards for Low -Density Projects
Low -density projects (no more than two dwelling units per acre or twenty-four
percent built -upon area for all residential and non-residential development) shall
comply with each of the following standards:
(1) Stormwater Conveyance
Stormwater runoff from the development shall be transported from the
development by vegetated conveyances to the maximum extent practicable.
(2) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all perennial
and intermittent surface waters. A perennial or intermittent surface water shall
be deemed present if the feature is approximately shown on either the most
recent version of the soil survey map prepared by the Natural Resources
Conservation Service of the United States Department of Agriculture (USDA)
or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS). An
exception to this requirement may be allowed when surface waters are not
present in accordance with the provisions of 15A NCAC 2B .0233 (3)(a) or
sin--Lilar site -specific determination made using Division -approved methodology.
(3) Density Provision
A project with an overall density at or below the low -density thresholds, but
containing areas with a density greater than the overall project density, may be
considered low density as long as the project meets or exceeds the post -
construction model practices for low -density projects and locates the higher
density in upland areas and away from surface waters and drainageways to the
maximum extent practicable.
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(4) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable restriction
on property usage that runs with the land, such as recorded deed restrictions or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
Development Standards for High -Density Projects
I-ligh-density projects (any project that exceeds the low density thresholds for
dwelling units per acre or built -upon area) shall implement structural stormwater
management systems that comply with each of the following standards:
(1) Treatment Volume
The measures shall be designed to control and treat the stormwater run-off
generated by the I" (one inch) of rain;
(2) Drawdown Time
Runoff volume drawdown time shall be a minimum of 48 hours, but not more
than 120 hours;
(3) Post -Development Flows
Stormwater shall not leave the project site at a rate greater than the
predevelopment discharge rate for the ten-year, 24-hour storm;
(4) Total Suspended Solids Removal
All structural stormwater treatment systems used to meet the requirements of
the program shall be designed to have a minimum of 85% average annual
removal for Total Suspended Solids (TSS);
(5) General Design Criteria
General engineering design criteria for all projects shall be in accordance with
15A NCAC 2H .1 008(c), as explained in the Design Manual;
(6) Stream Buffers
All built -upon area shall be at a minimum of 30 feet landward of all perennial
and intermittent surface waters. A surface water shall be deemed present if the
feature is approximately shown on either the most recent version of the soil
survey map prepared by the Natural Resources Conservation Service of the
United States Department of Agriculture (USDA) or the most recent version of
the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the
United States Geologic Survey (USGS). An exception to this requirement may
be allowed when surface waters are not present in accordance with the
provisions of 15A NCAC 213 .0233 (3)(a) or similar site -specific determination
made using Division -approved methodology.
(7) Restrictions on Property Use
The approval of the stormwater permit shall require an enforceable restriction
on property usage that runs with the land, such as recorded deed restrictions or
protective covenants, to ensure that future development and redevelopment
maintains the site consistent with the approved project plans.
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53-303 FALLS LAKE WATERSHED STANDARDS
(A) Nitrogen and Phosphorus loading
(a) Nitrogen and phosphorus loads contributed by the proposed new development shall not
exceed the following unit -area mass loading rates: 2.2 and 0.33 pounds per acre per year
for nitrogen and phosphorus, respectively.
(b) Notwithstanding 15A NCAC 2B.104(q), redevelopment subject to this ordinance that
would replace or expand existing structures or improvements and would result in a net
increase in built -upon area shall have the option of either meeting the loading standards
identified in subsection (a) or meeting a loading rate that achieves the following nutrient
loads compared to the existing development: 40 percent and 77 percent reduction for
nitrogen and phosphorus, respectively.
(c) The developer shall determine the need for engineered stormwater controls to meet
these loading rate targets by using the approved accounting tooZ
(B) Nitrogen and Phosphorus standard is supplemental
The nitrogen and phosphorus loading standards in this ordinance are supplemental to, not
replacements for, stormwater standards otherwise required by federal, state or local law,
including without limitation any riparian buffer requirements applicable to the location of
the development. This includes, without limitation, the riparian buffer protection requirements
of 15A NCAC 2B.0233 and.0242.
(C) TSS Removal for High Density Projects
Projects that exceed two dwelling units per acre or twenty four percent built upon area for
all residential and non-residential development are considered high density projects and all
structural stormwater treatment systems used to meet the requirement of the program shall
comply with each of the following additional standards:
(1) Total Suspended Solids Removal
All structural storrawater systems shall be designed to have a minimum of 85%
average annual removal for Total Suspended Solids (TSS) on site;
(2) Drawdown Time
Runoff Volume drawdown time shall be a minimum of 48 hours, but not more than
120 hour;
(D) Partial Offset of Nutrient Control Requirements
Development subject to this ordinance shall attain nitrogen and phosphorus loading rate
reductions on -site that meet the following criteria prior to using an offisite offset measure:
30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing one half acre but less than one acre.
50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated conditions for any single-family, detached and duplex residential
development disturbing more than one acre.
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30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi -family residential,
commercial and industrial development disturbing 12,000 square feet but less than
one acre.
* 50 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for other development, including multi -family residential,
commercial and industrial development disturbing more than one acre.
* 30 percent or more reduction in both nitrogen and phosphorus loading from the
untreated condition for proposed redevelopment activities in a designated
downtown area that would replace or expand structures or improvements that
existed as of December 2006.
A developer subject to this ordinance may achieve the additional reductions in nitrogen and
phosphorus loading required by this ordinance by making offset payments to the NC
Ecosystem Enhancement Program contingent upon acceptance of payments by that
Program. A developer may use an offset option provided by the City of Roxboro. A
developer may propose other offset measures to the City of Roxboro, including providing
his or her own offsite offset or utilizing a private seller. All offset measures permitted by this
ordinance shall meet the requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.
53-304 WATER SUPPLY WATERSHED STANDARDS
(A) Exemptions from Water Supply Watershed Standards
a. Existing Development for Water Supply Watershed Standards, as defined in this
ordinance, is not subject to the requirements of the Water Supply Watershed Standards.
Expansion to structures classified as existing development must meet the requirements
of this section; however, the built -upon area of the existing development is not required
to be included in the density calculations for water supply watershed standards.
b. A pre-existing lot owned by an individual prior to the effective date of this chapter,
regardless of whether or not a vested right has been established, may be developed for
single-family residential purposes without being subject to the restrictions of the water
supply watershed standards.
(B) General
a. No subdivision plat of land within the City's jurisdiction shall be filed or recorded by the
Register of Deeds until it has been approved in accordance with the provisions of this
ordinance. Lkewise, the Clerk of Superior Court shall not order or direct the recording
of a plat if the recording of the plat would be in conflict with this ordinance.
b. The approval of a plat does not constitute or effect the acceptance by the city or the
public of the dedication of any street or other ground, easement, right-of-way, public
utility line or other public facility shown on the plat, and shall not be construed to do so.
(C) Subdivision Application, Standards and Required Improvements
a. All proposed subdivisions shall be reviewed by the Stormwater Administrator prior to
recording with the Register of Deeds to determine if the property is subject to this
25

ordinance. Subdivisions that are not subject to this ordinance may be recorded, provided
the Stormwater Administrator initials the plat. Subdivisions that are subject to this
ordinance must comply with the provisions of this ordinance.
b. All subdivisions shall conform with the mapping requirements contained in G.S. 547-30.
c. All subdivisions of land within the jurisdiction of the city after the effective date of this
chapter shall require a plat to be prepared, approved and recorded pursuant to this
ordinance.
d. All subdivision plats shall comply with the requirements for recording of the County
Register of Deeds.
e. The subdivider shall provide the watershed administrator with evidence that the plat has
been recorded with the Register of Deeds within five working days of its being recorded.
f. If the Stormwater Administrator approves the application, the approval shall be
indicated on the plat by a certification and the signature of the Stormwater
Administrator.
g. If the Stormwater Administrator disapproves or approves conditionally the application,
the reason for the action shall be stated in writing for the applicant. The subdivider may
make changes and submit a revised plan which shall constitute a separate request for the
purpose of review.
h. All lots shall provide adequate building space in accordance with the development
standards contained within this chapter. Lots which are smaller than the minimum
required for residential lots shall be identified on the plat as, "Not for residential
purposes."
i. For the purpose of calculating built upon area, total project area shall include total
acreage in the tract on which the project is to be developed.
j. Where possible, roads shall be located outside of critical areas and watershed buffer
areas. Roads constructed within these areas shall be designed and constructed so as to
minimize their impact on water quality.
(D) Construction Procedures
a. No construction or installation of improvements shall commence in a proposed
subdivision until a subdivision plat has been approved by the Stormwater Administrator.
b. No building or other permits shall be issued for erection of a structure on any lot not of
record at the time of adoption of this chapter until all requirements of this chapter have
been met. The subdividers, prior to commencing any work within the subdivision, shall
make arrangements with the Stormwater Administrator to provide for adequate
inspection.
(E) Penalty for Transferring Lots in Unapproved Subdivisions
Any person who, being the owner or agent of the owner of any land located within the
jurisdiction of the city, thereafter subdivides his or her land in violation of this chapter or
26

transfers or sells land by reference to, exhibition of, or any other use of a plat showing a
subdivision of the land before the plat has been properly approved under this chapter and
recorded in the office of the Register of Deeds, shall be guilty of a misdemeanor. The
description by metes and bounds in the instrument of transfer or other document used in
the process of selling or transferring land shall not exempt the transaction from this penalty.
The city may bring an action for injunction of any illegal subdivision transfer, conveyance or
sale of land, and the court shall, upon appropriate findings, issue an injunction and order
requiring the offending party to comply with this chapter.
(F) Watershed Areas Described; WS-111-BW (Balance of Watershed) with
Low Density Option
a. Allowed Uses:
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990;
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15A NCAC 11.6101.0209);
3. Residential Development;
4. Nonresidential Development, excluding discharging landfills and the storage of
toxic and hazardous materials unless a spill containment plan is implemented.
5. Nondischarge landfills and sludge application sites are allowed.
b. Density and Built -Upon Limits:
1. Single family residential development shall not exceed two dwelling units per acre or
24% built -upon area, as defined on a project by project basis.
2. Low Density Projects shall comply with the Phase 11 Standards for Low -Density
Projects found in Section 53-302.
3. All other residential and non-residential development shall not exceed 24% built -
upon area on a project by project basis.
(G) Watershed Areas Described; WS-111-BW (Balance of Watershed) with
High Density Options
Projects exceeding 24% Built Upon Area shall either be restricted to 50% Built Upon Area
or be included within the 10% of the watershed that may be developed for nonresidential
uses up to 70% Built Upon Area.
c. Allowed Uses:
1. Agriculture, subject to the provisions of the Food Security Act of 1985 and the
Food, Agricultural, Conservation and Trade Act of 1990;
2. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to
Water Quality (15A NCAC 11.6101.0209);
27

3. Residential Development;
4. Nonresidential Development, excluding discharging landfills and the storage of
toxic and hazardous materials unless a spill containment plan is implemented.
d. Density and Built -Upon Limits:
1. Where new development exceeds either 2 dwelling units per acre or 24% built -upon
area, engineered stormwater controls shall be used to control runoff from the first
inch of rainfall and development shall not exceed 50% built -upon area.
2. Projects that exceed 50% Built Upon Area may occupy up to 10% of the watershed
for nonresidential uses up to 70% built -upon area on a project by project basis when
approved as a special nonresidential intensity allocation (SNIA). For the purpose of
calculating built -upon area, total project area shall include total acreage in the tract
on which the project is to be developed. The Stormwater Administrator is
authorized to approve SNIAs consistent with the provisions of this ordinance.
3. All High Density Projects shall comply with the Phase II Standards for High
Density Projects found in Section 53-302 (B).
(H) Cluster Development
a. Clustering of development is allowed in the WS-111-BW watershed area.
b. Mnimurn lot sizes are not applicable to single family cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single-
family detached developments within the above section on density.
c. All built -upon area shall be designed and located to minimize stormwater runoff impact
to the receiving waters and minimize concentrated stormwater flow.
d. The remainder of the tract shall remain in a vegetative or natural state. This area will be
maintained through a maintenance agreement between the City and the property owner
(s) or property owners association.
(1) Water Supply Watershed Buffers
a. A minimum 100-foot vegetative buffer is required for all new development activities that
exceed the low -density option is required along all perennial and intermittent waters
located on the most recent version of the 1:24,000 scale (7.5 minute) quadrangle
topographic maps prepared by the United States Geologic Survey (USGS), on the most
recent version of the soil survey map prepared by the Natural Resources Conservation
Service of the United States Department of Agriculture, or as determined by local
government studies.
b. The above buffer requirement is in addition to buffer requirements enforced by the NC
Division of Water Quality that regulates uses v ithin the first 50' along perennial and
intermittent streams.
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c. No new development is allowed within the buffer except for water dependent structures
and uses listed as exempt, allowable, and allowable with mitigation on the NC DWQ
allowable uses buffer chart as listed in 1 5A NCAC 02B .0233.
(J) Watershed Area Boundaries
Where uncertainty exists as to the boundaries of the watershed areas as shown on the
Watershed Map, the following rules apply:
a. Where area boundaries are indicated as approximately following the street, alley, railroad
or highway lines or centerlines thereof, the lines shall be construed to be the boundaries.
b. Where area boundaries are indicated as approximately following lot lines, the lot lines
shall be construed to the boundaries. However, a surveyed plat prepared by a registered
land surveyor may be submitted to the city as evidence that or more properties along
these boundaries do not he within the watershed area.
c. If further uncertainty exists, the Stormwater Administrator shall interpret the Watershed
Map as to the location of the boundaries.
(K) Existing Development for Water Supply Watershed
Any existing development as defined in this chapter may be continued and maintained
subject to the provisions provided herein. Expansion to structures classified as existing
developments must meet the requirements of this chapter; however the built -upon area of
the existing development is not required to be included in the density calculations for the
water supply watershed density calculation. Calculations for density for the Phase 1I
Standards within this ordinance are to be done separately from the Water Supply Watershed
Standards calculation.
a. Vacant Lots: Lots that are not built on but have been recorded in the office of the
County Register of Deeds. Lots may be used for any of the uses allowed in the
watershed area in which it is located.
b. Occupied Lots: This category consists of lots occupied for residential purposes at the
time of the adoption of this chapter.
c. Uses of Land: This category consists of uses existing at the time of adoption of this
chapter where the use of the land is not permitted to be established hereafter in the
watershed area in which it is located. The uses may be continued, except as follows:
i. When such use of land has been changed to an allowed use, it shall not
thereafter revert to any prohibited use.
ii. Such use of land shall be changed only to an allowed use.
iii. When such uses ceases for a period of at least one year, it shall not be re-
established.
d. Reconstruction of buildings or built -upon areas: Any existing building or built -upon area
not in conformance with the restrictions of this chapter that has been damaged or
29

removed may be repaired and/or reconstructed, except that there are no restriction on
single-family residential development, provided:
i. Repairs or reconstruction is initiated within 12 months and completed
within two years of the damage.
ii. The total amount of space devoted to built -upon area may not be increased
unless stormwater control that equals or exceeds the previous development
is provided.
(L) Application of Regulations
a. No building or land shall hereafter be used and no development shall take place except
in conformity with the regulations herein specified for the watershed area in which it is
located.
b. No area required for the purpose of complying with the provisions of the water supply
watershed standards shall be included in the area required for another building.
c. Every residential building hereafter erected, moved or structurally altered shall be
located on a lot which conforms to the regulations herein specified, except those
designated as existing development.
d. If a use or class of use is not specifically indicated as being allowed in a watershed area,
the use or class of use is prohibited.
(M) General Public Health
No activity, situation, structure or land use shall be allowed within the watershed
which poses a threat to water quality and the public health, safety, and welfare of the
public. These conditions may arise from inadequate on -site sewage systems which
utilize ground absorption; inadequate sedimentation and erosion control measures;
the improper storage or disposal of junk, trash or other refuse within a buffer area;
the absence or improper implementation of a spill containment plan for toxic and
hazardous materials; the improper management of stormwater runoff; or any other
situation found to pose a threat to water quality.
53-305 CONTROL AND TREATMENT OF RUNOFF VOLUME
Stormwater gstems shall be designed to control and treat the runoff generated from all surfaces
by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards
specific to each practice as provided in the Desi
,gn Manual. To ensure that the integrity and
nutrient processing functions of receiving waters and associated riparian buffers are not
compromised by erosive flows, stormwater flows from the development shall not contribute to
degradation of waters of the State. At a minimum, the development shall not result in a net
increase in peak flow leaving the site from pre -development conditions for the ane ten�year,
24-hour storm event.
53-306 WATER QUANTITY REDUCTION
ln the event that development has, in the opinion of the Stormwater Administrator or his
designee, the potential to cause increased downstream flooding and erosion, a structural
stormwater management system may be required that does not allow stormwater to leave the
30

project site at a rate greater than the predevelopment discharge rate for up to the 100-year,
24 hour storm.
53-307 EVALUATION OF STANDARDS FOR STORMWATER CONTROL MEASURES
(A) Evaluation According to Contents of Design Manual
All stormwater control measures, slormwater gstems and stormwater treatment
practices (also referred to as Best Management Practices, or BMPs) required under
this ordinance shall be evaluated by the Stormwater Administrator according to the
policies, criteria, and information, including technical specifications and standards
and the specific design criteria for each stormwater practice, in the Design Manual.
The Stormwater Administrator shall determine whether proposed BMPs will be
adequate to meet the requirements of this ordinance.
(B) Determination of Adequacy; Presumptions and Alternatives
Stormwater treatment practices that are designed, constructed, and maintained in
accordance with the criteria and specifications in the Design Manual and the approved
accounling toolwill be presumed to meet the minimum water quality and quantity
performance standards of this ordinance. Whenever an applicant proposes to utilize
a practice or practices not designed and constructed in accordance with the criteria
and specifications in the Design Manual, the applicant shall have the burden of
demonstrating that the practice(s) will satisfy the minimum water quality and
quantity performance standards of this ordinance. The Stormwater Administrator
may require the applicant to provide the documentation, calculations, and examples
necessary for the Stormwater Administrator to determine whether such an
affirmative showing is made.
53-308 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS
The City of Roxboro may accept dedication of any existing or future stormwater
management facility for maintenance, provided such facility meets all the requirements of
this ordinance and includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
(A) Anyperson may petition the City of Roxboro for a variance granting permission to use
theperson's land in a manner otherwise prohibited by this ordinance. For all proposed major
and minor variances from the requirements of this ordinance, the local Watershed Review
Board shall make findings of fact showing that:
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(1) There are practical difficulties or unnecessary hardships that prevent compliance
with the strict letter of the ordinance;
(2) The hardships result from conditions that are peculiar to the property, such as
the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The variance is in harmonywith the general purpose and intent of this
ordinance and preserves its spirit; and
(5) In granting the variance, the public safety and welfare have been assured and
substantial justice has been done.
(B) In the case of a request for a minor variance (or a major variance of the Pbase 1I standards), the
City of Roxboro may vary or modify any of the regulations or provisions of the ordinance so
that the spirit of the ordinance shall be observed, public safety and welfare secured, and
substantial justice done may impose reasonable and appropriate conditions and safeguards
upon any variance it grants.
(C) The City of Roxboro may attach conditions to the major or minor variance approval that
support the purpose of this ordinance. If the variance request qualifies as a major variance (only
for Falls Lake Wlatersbed and Wlater Supply Wlatersbed standards), and the City of Roxboro decides
in favor of granting the major variance, the Board shall then prepare a preliminary record of
the hearing and submit it to the Commission for review and approval. If the Commission
approves the major variance or approves with conditions or stipulations added, then the
Commission shall prepare a Commission decision which authorizes City of Roxboro to issue a
final decision which would include any conditions or stipulations added by the Commission. If
the Commission denies the major variance, then the Commission shall prepare a decision to be
sent to City of Roxboro. The City of Roxboro shall prepare a final decision denying the
major variance.
(D) Appeals from the local government decision on a major or minor variance request are made
on certiorari to the local Superior Court. Appeals from the Commission decision on a major
variance request are made on judicial review to Superior Court.
32

SECTION 4: MAINTENANCE
53-401 GENERAL STANDARDS FOR MAINTENANCE
(A) Function of BMPs As Intended
The owner of each en
gineered stormwater control installed pursuant to this ordinance shall
maintain and operate it so as to preserve and continue its function in controlling
stormwater quality and quantity at the degree or amount of function for which the
engineered stormmater control was designed.
(B) Annual Maintenance Inspection and Report
The person responsible for maintenance of any en
gineered stormwater control installed
pursuant to this ordinance shall submit to the Stormwater Administrator an
inspection report from one of the followingpersons performing services only in their
area of competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, orperson certified by
the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of the
following:
(1) The name and address of the land owner,
(2) The recorded book and page number of the lot of each engineered stormwater
control;
(3) A statement that an inspection was made of all engineered stormwater controls;
(4) The date the inspection was made;
(5) A statement that all inspected engineered stormwater controls are performing
properly and are in compliance with the terms and conditions of the approved
maintenance agreement required by this ordinance; and
(6) The original signature and seal of the engineer, surveyor, or landscape
architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator.
An original inspection report shall be provided to the Stormwater Administrator
beginning one year from the date of as -built certification and each year thereafter on
or before the date of the as -built certification.
53-402 OPERATION AND MAINTENANCE AGREEMENT
(A) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
engineered stormwater control pursuant to this ordinance, and prior to issuance of any
permit for development requiring a engineered stormwater control pursuant to this
ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the site,
33

portions of the site, and lots or parcels served by the engineered stormwater control Until
the transference of all property, sites, or lots served by the engineered stormwater control,
the original owner or applicant shall have primary responsibility for carrying out the
provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the engineered stormwater control, and shall
state the terms, conditions, and schedule of maintenance for the engineered storInwater
control. In addition, it shall grant to the City of Roxboro a right of entry in the event
that the Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the engineered storwwater control;
however, in no case shall the right of entry, of itself, confer an obligation on City of
Roxboro to assume responsibility for the engineered stormwater control
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval by the
recorder of the final plat. A copy of the recorded maintenance agreement shall be
given to the Stormwater Administrator within fourteen (14) days following its
recordation.
(B) Operation and Maintenance Agreement
For all engineered stormmater controls required pursuant to this ordinance, the required
operation and maintenance agreement shall include all of the following provisions:
1. Acknowledgment that the owner or association shall continuously operate and
maintain the stormwater control and management facilities.
The OWNER, its successors and assigns, including any homeowners
association, shall adequately maintain the structural stormwater BMP facilities in
accordance with the approved Operation and Maintenance Plan or Manual(s).
This includes all pipes and channels built to convey stormwater to the facility, as
well as all structures, improvements, and vegetation provided to control the
quantity and quality of the stormwater. Adequate maintenance is herein defined
as good working condition so that these facilities are performing their design
functions.
The OWNER, its successors and assigns, shall ensure the structural stormwater
BMP facility is inspected by a qualified professional and shall submit an annual
inspection report to the City of Roxboro. The inspection report shall be due
annually 30 days from the date of the final structural storrawater Management
facilities construction inspection. The purpose of the inspection is to assure
safe and proper functioning of the facilities. The inspection shall cover the
entire facilities, berms, outlet structure, pond areas, access roads, etc.
Deficiencies shall be noted in the inspection report.
4. The OWNER, its successors and assigns, hereby grant permission to the City of
Roxboro its authorized agents and employees, to enter upon the Property and
to inspect the structural stormwater Management facilities whenever the City of
Roxboro deems necessary. The purpose of inspection is to follow-up on
reported deficiencies and/or to respond to citizen complaints. The City of
34

Roxboro shall provide the OWNER, its successors and assigns, copies of the
inspection findings and a directive to commence with the repairs if necessary.
Before the City of Roxboro shall approve the completed facility and issue final
certificates of occupancy, the Owner and/or maintaining entity shall furnish the
City of Roxboro with a financial guarantee insuring future maintenance,
operation, and repair of the facility. The financial guarantee shall be in the form
of cash or an irrevocable letter of credit and made payable to the City of
Roxboro.The amount of guarantee shall be 40% of the total cost of
constructing the facility based on actual contract prices for said facility.
The initial duration of the financial guarantee shall be for 20 years. At the end of
that period, the City of Roxboro may extend such periods of guarantee as the
City of Roxboro deems appropriate. The financial guarantee may be dissolved at
any time by mutual agreement when the need for such guarantee no longer
exists. Any funds remaining from such guarantee will be returned to the
appropriate entity.
6. In the event the OWNER, its successors and assigns, fails to maintain the
structural stormwater Management facilities in good working condition
acceptable to the City of Roxboro or that maintenance and repairs are not being
made as required or that any action is not being done in accordance with this
agreement, the City of Roxboro shall notify the responsible entity who shall be
given a reasonable time to correct such deficiencies. Should the responsible
entity fail to act in a timely manner, or otherwise fail to correct the deficiencies,
the City of Roxboro will institute appropriate action to obtain compliance
including criminal or civil penalties, or both. In addition, the City of Roxboro
may declare the responsible entity in default of this agreement and financial
guarantee and use part or all of such guarantee funds to correct the deficiencies
and may assume actual operation and maintenance. Default of this agreement
does not release the responsible entity from liability/responsibility for the
deficiencies, nor release the entity from this agreement. Likewise, default of this
agreement does not prevent the City of Roxboro from taking action against the
responsible entity to recover the cost of such actions to correct the deficiencies.
7. For all structural stormwater Management facilities which are to be or are
owned and maintained by a property owner's association or similar entity, the
OWNER also agrees to the following provisions:
a. Acknowledgment that the association shall continuously operate and
maintain the structural stormwater Management facilities.
b. Establish adequate owner/property association dues which are to be spent
solely for sediment removal, structural, biological or vegetative replacement,
major repair, or reconstruction of the storrawater control measures and
devices of the particular site plan or subdivision.
c. Granting to the City of Roxboro a right of entry to inspect, monitor,
maintain, repair, and reconstruct structural stormwater Management
facilities.
d. Allow the City of Roxboro to recover from the association and its members
any and all costs the City of Roxboro may expend to maintain or repair the
stormwater control and management facility or to correct any operational
35

deficiencies as a result of default by the Owner/association/responsible
entity. Failure to pay to the City of Roxboro all of its expended costs, after
thirty (30) days written notice, shall constitute a breach of the agreement.
The City of Roxboro shall thereafter be entitled to bring an action against
the association and its members to pay, or foreclose upon the lien herein
authorized by die agreement against the property, or both in the case of a
deficiency. Interest, collection costs, and attorney fees shall be added to the
recovery.
8. The OWNER, its successors and assigns, will perform the work necessary to
keep these facilities in good working order as appropriate. In the event a
maintenance schedule for the structural stormwater Management facilities
(including sediment removal) is outlined on the approved plans, the schedule
will be followed.
In the event the City of Roxboro, pursuant to this Agreement, performs work
of any nature, or expends any funds in performance of said work for labor, use
of equipment, supplies, materials, and the like, the OWNER, its successors and
assigns, shall reimburse the City of Roxboro upon demand, within thirty (30)
days of receipt thereof for all actual costs incurred by the City of Roxboro
hereunder.
10. This Agreement imposes no liability of any kind whatsoever on the City of
Roxboro and the OWNER agrees to hold the City of Roxboro harmless from
any liability in the event the structural stormwater Management facilities fail to
operate properly.
53-403 INSPECTION PROGRAM
Inspections and inspection programs by City of Roxboro may be conducted or
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater,
and material or water in BMPs; and evaluating the condition of BMI's.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No -Person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
53-404 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
(A) May Be Required
The City of Roxboro may, at its discretion, require the submittal of a
performance security or bond with surety, cash escrow, letter of credit or other
acceptable legal arrangement prior to issuance of a permit in order to ensure
that the engineered stormwater controls are
36

(1) installed by the permit holder as required by the approved stormwater
management plan, and/or
(2) maintained by the owner as required by the operation and maintenance
agreement.
(B) Amount
(1) Installation
The amount of an installation performance security shall be the total estimated
construction cost of the BMPs approved under the permit, plus 25%.
(2) Maintenance
The amount of a maintenance performance security shall be in the form of
cash or an irrevocable letter of credit and made payable to the City of Roxboro.
The amount of guarantee shall be 40% of the total cost of constructing the
facility based on actual contract prices for said facility
(C) Uses of Performance Security
(1) Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this ordinance, or
an operation and maintenance agreement established pursuant to this ordinance.
(2) Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any engineered stormmater control in accordance with the applicable
permit or operation and maintenance agreement, the Stormwater Administrator
shall obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of funds
shall only be made after requesting the owner to comply with the permit or
maintenance agreement. In the event of a default triggering the use of
installation performance security, the City of Roxboro shall not return any of
the unused deposited cash funds or other security, which shall be retained for
maintenance.
(3) Costs in Excess of Performance Security
If the City of Roxboro takes action upon such failure by the applicant or owner,
the City of Roxboro may collect from the applicant or owner the difference
between the amount of the reasonable cost of such action and the amount of
the security held, in addition to any other penalties or damages due.
37

(4) Refund
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount attributable
to the cost (plus 25%) of landscaping installation and ongoing maintenance
associated with the BMPs covered by the security. Any such landscaping shall
be inspected one (1) year after installation with replacement for compliance with
the approved plans and specifications and, if in compliance, the portion of the
financial security attributable to landscaping shall be released.
53-405 NOTICE TO OWNERS
(A) Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement, conservation easement, or
dedication and acceptance into public maintenance (whichever is applicable)
pertaining to every engineered stormwater control shall be referenced on the final plat and
shall be recorded with the county Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement[, conservation easement, or dedication and acceptance into public
maintenance, whichever is applicable] shall be recorded with the county Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
(B) Signage
Where appropriate in the determination of the Stormwater Administrator to assure
compliance with this ordinance, engineered stormwater controls shall be posted with a
conspicuous sign stating who is responsible for required maintenance and annual
inspection. The sign shall be maintained so as to remain visible and legible.
53-406 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each engineered stoimwater control shall keep records of inspections, maintenance,
and repairs for at least five years from the date of creation of the record and shall submit the
same upon reasonable request to the Stormwater Administrator.
53-407 NUISANCE
The owner of each stormwater BMP, whether engineered stormwater control or non -en ineered
g
stormwater control, shall maintain it so as not to create or result in a nuisance condition.
53-408 MAINTENANCE EASEMENT
Every engineered stormwater control installed pursuant to this ordinance shall be made accessible
for adequate maintenance and repair by a maintenance easement. The easement shall be
recorded and its terms shall specify who may make use of the easement and for what
purposes
38

SECTION 5: ENFORCEMENT AND VIOLATIONS
53-501 GENERAL
(A) Authority to Enforce
The provisions of this ordinance shall be enforced by the Stormwater
Administrator, his or her designee, or any authorized agent of City of Roxboro.
Whenever this section refers to the Stormwater Administrator, it includes his or her
designee as well as any authorized agent of City of Roxboro.
(B) Violation Unlawful
Any failure to comply with an applicable requirement, prohibition, standard, or
limitation imposed by this ordinance, or the terms or conditions of any permit or
other development approval or authorization granted pursuant to this ordinance, is
unlawful and shall constitute a violation of this ordinance.
(C) Each Day a Separate Offense
Each day that a violation continues shall constitute a separate and distinct violation
or offense.
(D) Responsible PetsonslEntities
Anyperson who erects, constructs, reconstructs, alters (whether actively or passively),
or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP,
engineered stormwater control, practice, or condition in violation of this ordinance shall
be subject to the remedies, penalties, and/or enforcement actions in accordance
with this section. Persons subject to the remedies and penalties set forth herein may
include any architect, engineer, builder, contractor, developer, agency, or any other
person who participates in, assists, directs, creates, causes, or maintains a condition
that results in or constitutes a violation of this ordinance, or fails to take appropriate
action, so that a violation of this ordinance results or persists; or an owner, any tenant
or occupant, or any otherperson, who has control over, or responsibility for, the use
or development of the property on which the violation occurs.
For the purposes of this article, responsible person(s) shall include but not be limited
to:
(1) Person Maintaining Condition Resulting In or Constituting Violation
An architect, engineer, builder, contractor, developer, agency, or any otherperson
who participates in, assists, directs, creates, causes, or maintains a condition that
constitutes a violation of this ordinance, or fails to take appropriate action, so
that a violation of this ordinance results or persists.
(2) Responsibility For Land or Use of Land
The owner of the land on which the violation occurs, any tenant or occupant of
the property, anyperson who is responsible for stormwater controls or practices
39

pursuant to a private agreement or public document, or any -person, who has
control over, or responsibility for, the use or development of the property.
53-502 REMEDIES AND PENALTIES
The remedies and penalties provided for violations of this ordinance, whether civil or
criminal, shall be cumulative and in addition to any other remedy provided by law, and may
be exercised in any order.
(A) Remedies
(1) Withholding of Certificate of Occupancy
The Stormwater Administrator or other authorized agent may refuse to issue a
certificate of occupancy for the building or other improvements constructed or
being constructed on the site and served by the stormwater practices in question
until the applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein.
(2) Disapproval of Subsequent Permits and Development Approvals
As long as a violation of this ordinance continues and remains uncorrected, the
Stormwater Administrator or other authorized agent may withhold, and the City
of Roxboro may disapprove, any request for permit or development approval or
authorization provided for by this ordinance or the zoning, subdivision, and/or
building regulations, as appropriate for the land on which the violation occurs.
(3) Injunction, Abatements, etc.
The Stormwater Administrator, with the written authorization of the City of
Roxboro City Manager, may institute an action in a court of competent
jurisdiction for a mandatory or prohibitory injunction and order of abatement
to correct a violation of this ordinance. Anyperson violating this ordinance shall
be subject to the full range of equitable remedies provided in the General
Statutes or at common law.
(4) Correction as Public Health Nuisance, Costs as Lien, etc.
If the violation is deemed dangerous or prejudicial to the public health or public
safety and is within the geographic limits prescribed by North Carolina G.S. 5
160A- 193, the Stormwater Administrator ' with the written authorization of the
City of Roxboro City Manager, may cause the violation to be corrected and the
costs to be assessed as a lien against the property.
(5) Stop Work Order
The Stormwater Administrator may issue a stop work order to the person(s)
violating this ordinance. The stop work order shall remain in effect until the
person has taken the remedial measures set forth in the notice of violation or has
otherwise cured the violation or violations described therein. The stop work
M

order may be withdrawn or modified to enable theperson to take the necessary
remedial measures to cure such violation or violations.
(B) Civil Penalties
The Stormwater Administrator may assess a civil penalty against any person who
violates any provision of this ordinance or of a permit or other requirement
pursuant to this ordinance. Civil penalties may be assessed up to the full amount of
penalty authorized by G.S. 143-215.6A.
(C) Criminal Penalties
Violation of this ordinance may be enforced as a criminal matter under North
Carolina law.
53-503 PROCEDURES
(A) Initiation/ Complaint
Whenever a violation of this ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint shall state fully the alleged
violation and the basis thereof, and shall be filed with the Stormwater
Administrator, who shall record the complaint. The complaint shall be investigated
promptly by the Stormwater Administrator.
(B) Inspection
The Stormwater Administrator shall have the authority, upon presentation of proper
credentials, to enter and inspect any land, building, structure, or premises to ensure
compliance with this ordinance.
(C) Notice of Violation and Order to Correct
When the Stormwater Administrator finds that any building, structure, or land is in
violation of this ordinance, the Stormwater Administrator shall notify, in writing, the
property owner or other person violating this ordinance. The notification shall indicate
the nature of the violation, contain the address or other description of the site upon
which the violation is occurring, order the necessary action to abate the violation,
and give a deadline for correcting the violation. If civil penalties are to be assessed,
the notice of violation shall also contain a statement of the civil penalties to be
assessed, the time of their accrual, and the time within which they must be paid or
be subject to collection as a debt.
The Stormwater Administrator may deliver the notice of violation and correction
order by any means authorized for the service of documents by Rule 4 of the North
Carolina Rules of Civil Procedure.
If a violation is not corrected within a reasonable period of time, as provided in the
notification, the Stormwater Administrator may take appropriate action under this
ordinance to correct and abate the violation and to ensure compliance with this
ordinance.
41

(D) Extension of Time
A person who receives a notice of violation and correction order, or the owner of the
land on which the violation occurs, may submit to the Stormwater Administrator a
written request for an extension of time for correction of the violation. On
determining that the request includes enough information to show that the violation
cannot be corrected within the specified time limit for reasons beyond the control
of the person requesting the extension, the Stormwater Administrator may extend the
time limit as is reasonably necessary to allow timely correction of the violation, up
to, but not exceeding 0 days. The Stormwater Administrator may grant 120-day
extensions in addition to the foregoing extension if the violation cannot be
corrected within the permitted time due to circumstances beyond the control of the
person violating this ordinance. The Stormwater Administrator may grant an
extension only by written notice of extension. The notice of extension shall state the
date prior to which correction must be made, after which the violator win be subject
to the penalties described in the notice of violation and correction order.
(E) Enforcement After Time to Correct
After the time has expired to correct a violation, including any extension(s) if
authorized by the Stormwater Administrator, the Stormwater Administrator shall
determine if the violation is corrected. The Stormwater Administrator may act to
impose one or more of the remedies and penalties authorized by this ordinance
whether or not the violation has been corrected.
(F) Emergency Enforcement
If delay in correcting a violation would seriously threaten the effective enforcement
of this ordinance or pose an immediate danger to the public health, safety, or
welfare, then the Stormwater Administrator may order the immediate cessation of a
violation. Anyperson so ordered shall cease any violation immediately. The
Stormwater Administrator may seek immediate enforcement, without prior written
notice, through any remedy or penalty authorized by this article.
42

SECTION 6: DEFINITIONS
53-601 TERMS DEFINED
When used in this Ordinance, the following words and terms shall have the meaning set
forth in this section, unless other provisions of this Ordinance specifically indicate
otherwise.
Approved accounting tool
The accounting tool for nutrient loading approved by the EMC for the relevant geography
and development type under review.
Built -upon area (BUA)
That portion of a development project that is covered by impervious or partially impervious
surface including, but not limited to, buildings; pavement and gravel areas such as roads,
parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does
not include a wooden slatted deck, the water area of a swimming pool, or pervious or
partially pervious paving material to the extent that the paving material absorbs water or
allows water to infiltrate through the paving material. The project site or area must exclude
any land adjacent to the area disturbed by the project that has been counted as pervious by
any other development regulated under a federal, state or local stormwater regulation.
Commission
The North Carolina Environmental Management Commission, in the Department.
Department
The North Carolina Department of Environment and Natural Resources.
Design M2nual
The stormwater design manual approved for use in this part of the Fans Watershed by the
Department for the proper implementation of the requirements of the Falls Watershed
storrawater program. All references herein to the Design Manual are to the latest published
edition or revision.
Development
Any land -disturbing activity that increases the amount of built-u o area o that o e se
p n r th rwi
decreases the infiltration of precipitation into the soil.
DiTision
The Division of Water Quality in the Department.
Exis ting de velopin en t
Development not otherwise exempted by this ordinance that meets one of the following
criteria:
(a) It either is built or has established a statutory or common-law vested right as of the
effective date of this ordinance; or
(b) It occurs after the effective date of this ordinance, but does not result in a net increase in
built-u
pon area and does not decrease the infiltration of precipitation into the soil
Engineered storm water control
43

A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to
alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to
approximate the pre-detelopment hydrology on a developed site; or to achieve any
combination of these goals. Engineered stormwater control includes physical practices such as
constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods
installed or created on real property. "Engineered stormwater control" is synonymous with
4�structural practice," "stormwater control facility," "stormwater control practice,"
Ic stormwater treatment practice," c'stormwater management practice," "stormwater control
measures," "structural stormwater treatment systems," and similar terms used in this
ordinance. It is a broad term that may include practices that do not require design by a
professionally licensed engineer.
Land disturbing actiTity
Any use of the land that results in a change in the natural cover or topography that may
cause or contribute to sedimentation.
Larger comm on plan ofde velopm en t or sale
Any area where multiple separate and distinct construction or land -disturbing aclitilies will
occur under one plan. A plan is any announcement or piece of documentation (including but
not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application,
drawing, permit application, zoning request, or computer design) or physical demarcation
(including but not limited to boundary signs, lot stakes, or surveyor markings) indicating that
construction activities may occur on a specific plot.
Major vadance
A variance from the minimum statewide watershed protection or Falls rules that results in
the relaxation, by a factor greater than five percent of any buffer, density or built -upon area
requirement under the high density option; any variation in the design, maintenance or
operation requirements of a wet detention pond or other approved stormwater management
system; or relaxation by a factor greater than 10 percent, of any management requirement
under the low density option. For provisions in this ordinance that are more stringent than
the state's minimum water supply protection rules and Falls rules, a variance to this
ordinance is not considered a major wriance as long as the result of the variance is not less
stringent than the state's minimum requirements.
Minor vaiiance
A variance from the minimum standards or Falls rules that results in a relaxation, by a factor
of up to five percent of any buffer, density or built -upon area requirement under the high
density option (or the Falls Lake standards); or that results in a relaxation by a factor up to
10 percent, of any management requirement under the low density option.
1-7ea.r, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 12 months and with a duration of 24 hours.
10-j,ear, 24-hour st-onn
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 10 years and with a duration of 24 hours.
100-y,ear, 24-hour storm
The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or
exceeded, on average, once in 100 years and with a duration of 24 hours.
44

Outfiall
A point at which stormwater (1) enters surface water or (2) exits the property of a particular
omner.
Owner
The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in
possession, receiver, executor, trustee, or long-term or commercial lessee, or any otherperson
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 everyperson or entity having joint ownership of the property. A secured lender not in
possession of the property does not constitute an owner, unless the secured lender is
included within the meaning of "owner" under another description in this definition, such as
a management entity,
Person
Includes, without limitation, individuals, firms, partnerships, associations, institutions,
corporations, municipalities and other political subdivisions, and governmental agencies.
Redevelopment
Any development on previously -developed land. Redevelopment of structures or improvements
that (i) existed prior to December 2006 and (ii) would not result in an increase in built-u o
P
area and (hi) provides stormwater control at least equal to the previous development is not
required to meet the nutrient loading targets of this ordinance.
Storm water system
All engineered stormwater controls owned or controlled by aperson that drain to the same
ouffall, along with the conveyances between those controls. A system may be made up of
one or more stormwater controls.
Substan dalprogress
For the purposes of determining whether sufficient progress has been made on an approved
plan, one or more of the following construction activities toward the completion of a site or
subdivision plan shall occur: obtaining a grading permit and conducting grading activity on a
continuous basis and not discontinued for more than thirty (30) days; or installation and
approval of on -site infrastructure; or obtaining a building permit for the construction and
approval of a building foundation. "Substantial progress" for purposes of determining
whether an approved plan is null and void is not necessarily the same as "substantial
expenditures" used for determining vested rights pursuant to applicable law.
Best Management Pra ctices (BMP)
A Structural or nonstructural management -based practice used singularly or in combination
to reduce non -point source inputs to receiving waters in order to achieve water quality
protection goals.
Buffer.
An area of natural or planted vegetation through which storm water runoff flows in a diffuse
manner so that the runoff does not become channelized and which provides for infiltration
of the runoff and filtering of pollutants. The BUFFER is measured landward from the
normal pool elevation of impounded structures and from the bank of each side of streams or
rivers.
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Building.
Any structure having a roof supported by columns or by walls and intended for shelter,
housing or enclosure of persons, animals or property. The connection of two buildings by
means of an open porch, breezeway, passageway, carport or other such open structure,,with
or without a roof, shall not be deemed to make them a building.
Cluster Developm ents
The grouping of buildings in order to conserve land resources and provide for innovations
in the design of the project. This term includes nonresidential development as well as single -
fan -lily residential development subdivisions and multi -family developments that do not
involve the subdivision of land
CompostingFacifity
A facility in which only stumps, limbs, leaves, grass and untreated wood collected from land
clearing or landscaping operations is deposited.
Critical Area
The area adjacent to a water supply intake or reservoir where risk associated with pollution
is greater than from the remaining portions of the watershed. The CdticalArea is defined
as extending either one-half mile from the normal pool elevation of the reservoir in which
the intake is located or to the ridge line of the watershed (whichever comes first); or one-half
mile upstream from the intake located directly in the stream of river (run -of -the -river) or the
ridge line of watershed (whichever comes first). Local governments may extend the critical
area as needed. Major landmarks such as highways or property lines may be used to
delineate the outer boundary of the critical area if these landmarks are immediately adjacent
to the appropriate outer boundary of one-half mile.
CustomaryHome Occupations
Any use conducted entirely within a dwelling and carried on by the occupants thereof, which
use is clearly incidental and secondary to the use of the dwelling for residential purposes and
does not change the character thereof. Provided further, that no mechanical equipment is
installed or used except as is normally used for domestic or professional purposes and that
not over 50% of the area of one floor of the dwelling is used for the occupation. No home
occupation shall be conducted in any accessory building except for the storage and service of
a vehicle that is driven off -site, such as a service repair truck and the like.
Discharge LanddRs
A facility with liners, monitoring equipment and other measures to detect and/or prevent
leachate from entering the environment to a receiving stream.
DweWng Unit
A building, or portion thereof, providing complete permanent living facilities for one family.
Existing Development for WiterSupply Watershed Standards
Those projects that are built or those projects that at a minimum have established a vested
right under North Carolina zoning law as of the effective date of this chapter based on at
least one of the following criteria:
1) Substantial expenditures of resources (time, labor, money) based on a good faith reliance
upon having received a valid local government approval to proceed with the project;
2) Having an outstanding valid building permit as authorized by G.S. § 160A-385.1; or
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3) Having expended substantial resources (time, labor, money) and having an approved
site -specific or phased -development plan as authorized by G.S. § 160A-385.1
Existing Lot (Lot -of -Record)
A lot which is part of a subdivision, a plat of which has been recorded in the office of the
Register of Deeds prior to the adoption of this chapter, or a lot described by metes and
bounds, the description of which has been so recorded prior to the adoption of d-iis chapter.
Haza.rdousMaterjil
Any substance listed as such in: Superfund Amendments and Reauthorization Act (SARA)
302, being 42 USC 11002, Extremely Hazardous Substances, Comprehensive Environmental
Response Compensation and Lability Act (CERCLA), being 42 USC 9601, or § 311 of the
Clean Water Act (CWA), being 33 UCS 1321, Oil and Hazardous Substances.
lhdustd�l Development
Any nonresidential development that requires a NPDES permit for an industrial discharge
and/or requires the use or storage of any hazardous material for the purpose of
manufacturing, assembling, finishing, cleaning or developing any product or commodity.
Landfill
A facility for the disposal of solid waste on land in a sanitary manner in accordance with G.S.
Chapter 130A, Article 9. For the purpose of this chapter, this term does not include
composting facilities .
Lot
A parcel of land occupied or capable of being occupied by a building or group of buildings
devoted to a common use, together with the customary accessories and open spaces
belonging to the same.
Non-ResidentialDevelopment
All development other than residential development, agricultural and silviculture.
Single -Family Residential
Any development where:
1) No building contains more than one dwelling unit.
2) Every dwelling unit is on a separate lot; and
3) Where no lot contains more than one dwelling unit.
Street (Road)
A right-of-way for vehicular traffic which affords the principal means of access to abutting
properties.
Structure
Anything constructed or erected, including, but not limited to buildings, which requires
location on the land or attachment to something having permanent location on the land.
Subdivider
Any person, firm or corporation who subdivides or develops any land deemed to be a
subdivision location on the land.
Subdivision
All divisions of a tract or parcel of land into two or more lots, building sites or other
divisions for the purpose of sale or building development (whether immediate or future),
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and shall include all divisions of land involving the dedication of a new street or a change in
existing streets, but the following shall not be included within this definition, nor be subject
to the regulations authorized by this chapter:
1) The combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the building,
pavement, gravel roads, recreation facilities (for example, tennis courts) and the like.
Note: Wooden slatted decks and the water area of a swimming pool are considered
pervious.
2) The division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
3) The public acquisition by purchase of strips of land for the widening or opening of
streets.
4) The division of a tract in single ownership whose entire area is no greater than two
acres into not more than three lots, where no street right of way dedication is
involved and where the resultant lots are equal to or exceed the standards of this
chapter;
5) The division of a tract into plots or lots used as a cemetery.
Toxic Substance
Any substance or combination of substances (including disease -causing agents), which after
discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either
directly from the environment or indirectly by ingestion through food chains, has the
potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations,
physiological malfunctions, (including malfunctions or suppression in reproduction or
growth) or physical deformities in such organisms or their offspring or other adverse heath
effects.
Wa ter -Dependent Structure
Any structure for which the use requires access to or proximity to or sitting within surface
waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and bulkheads.
Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial
boat storage area are not water dependent structures.
Wate.rshed
The entire land area contributing surface drainage to a specific point (for example, the water
supply intake.)
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SECTION 7: ILLICIT DISCHARGE DETECTION AND ELIMINATION
53-701 ILLICIT DISCHARGES AND CONNECTIONS
(A) Illicit Discharges
No person shall cause or allow the discharge, emission, disposal, pouring, or
pumping directly or indirectly to any stormwater conveyance, the waters 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 stormwater; provided that non-stormwater discharges
associated with the following activities are allowed and provided that they do not
significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising ground waters;
(5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped ground water;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) 1ndividual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit
has been approved and issued by the State of North Carolina, and provided that
any such discharges to the municipal separate storm sewer system shall be
authorized by the City of Roxboro.
Prohibited substances include but are not limited to: oil, anti -freeze, chemicals,
animal waste, paints, garbage, and litter.
(B) Illicit Connections
(1) Connections to a stormwater conveyance or stormwater conveyance system that
allow the discharge of non-stormwater, other than the exclusions described in
section (a) above, are unlawful. Prohibited connections include, but are not
limited to: floor drains, waste water from washing machines 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 any other ordinance
prohibiting such connections, the property owner or the person using said
connection shall remove the connection within one year following the effective
date of this ordinance. However, the one-year grace period shall not apply to
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connections which may result in the discharge of hazardous materials or other
discharges which pose an immediate threat to health and safety, or are likely to
result in immediate injury and harm to real or personal property, natural
resources, wildlife, or habitat.
(3) Where it is determined that said connection:
(a) May result in the discharge of hazardous materials or may pose an
immediate threat to health and safety, or is likely to result in immediate
injury and harm to real or personal property, natural resources, wildlife,
or habitat, or
(b) Was made in violation of any applicable regulation or ordinance, other
than this section;
(4) The Stormwater 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:
(a) The quantity and complexity of the work,
(b) The consequences of delay,
(c) The potential harm to the environment, to the public health, and to
public and private property, and
(d) The cost of remedying the damage.
(C) Spins
Spills or leaks of polluting substances released, discharged to, or having the potential
to be released or discharged to the stormwater conveyance system, shall be
contained, controlled, collected, and properly disposed. All affected areas shall be
restored to their pre-existing condition.
Persons in control of the polluting substances immediately prior to their release or
discharge, and persons owning the property on which the substances were released
or discharged, shall immediately notify the Roxboro Fire Department of the release
or discharge, as well as making any required notifications under state and federal
law. Notification shall not relieve any person of any expenses related to the
restoration, loss, damage, or any other liability which may be incurred as a result of
said spill or leak, nor shall such notification relieve any person from other liability
which may be imposed by State or other law.
(D) Industrial or Construction Activity Discharges
Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of
compliance with said permit may be required in a form acceptable to the City of
Roxboro prior to the allowing of discharges to the MS4.
53-702 RIGHT OF ENTRY
(A) Authority to Inspect.
Whenever necessary to make an inspection to enforce any provision of this
Ordinance, or whenever the Stormwater Administrator has cause to believe that
there exists, or potentially exists, in or upon any premises any condition which
constitutes a violation of this Ordinance, the Stormwater Administrator may enter
such premises at all reasonable times to inspect the same and to inspect and copy
records related to storm water compliance. In the event the owner or occupant
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refuses entry after a request to enter and inspect has been made, the City is hereby
empowered to seek assistance from any court of competent jurisdiction in obtaining
such entry.
(B) Authority to Sample, Establish Sampling Devices, and Test.
During any inspection as provided herein, the Stormwater Administrator may take
any samples and perform any testing deemed necessary to aid in the pursuit of the
inquiry or to record site activities.
53-703 ENFORCEMENT.
(A) Notice of Violation.
Whenever the Stormwater Administrator finds that a person has violated a
prohibition or failed to meet a requirement of this Ordinance, the Stormwater
Administrator may order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or rernediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BXIPs.
If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violator fail to
remediate or restore within the established deadline, the work will be done by the
City or a contractor designated by the Stormwater Administrator and the expense
thereof shall be charged to the violator.
(B) Violations Deemed a Public Nuisance
Illicit discharges and illicit connections which exist within the corporate limits 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
and may be summarily abated or restored by the City at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken by the City.
53-704 DEFINITIONS
For the purposes of this ordinance, the following shall mean:
Best-ManagementPractices (BMPs): schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and educational practices, maintenance procedures, and
other management practices to prevent or reduce the discharge of pollutants directly or indirectly to
stortnwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment
practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
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Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Haza.rdous Materials: Any material, including any substance, waste, or combination thereof, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or
significantly contribute to, a substantial present or potential hazard to human health, safety, property,
or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
-BlegalDischa.rge: Any direct or indirect non -storm water discharge to the storm drain system, except
as exempted in Section 10-419 of this ordinance.
IMcit Connections: An illicit connection is defined as either of the following:
Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to
enter the storm drain system including but not limited to any conveyances which allow any non -storm
water discharge including sewage, process wastewater, and wash water to enter the storm drain system
and any connections to the storm drain system from indoor drains and sinks, regardless of whether
said drain or connection had been previously allowed, permitted, or approved by an authorized
enforcement agency or,
Any drain or conveyance connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
IndustdalActivity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section
122.26 (b)(14).
Municipal Separa te Storm Sewer System (MS4).,Yursuant to 40 CFR 122.26(b) (8) means a
conveyance or system of conveyances (including roads with drainage systems, municipal streets,
catch basins, curbs, gutters, ditches, manmade channels, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and
other drainage structures or storm drains):
(i) Owned or operated by a City, town, county, district, association, or other public
body (created by or pursuant to State law) having jurisdiction over disposal of
sewage, industrial wastes, stormwater, or other wastes, that discharges to waters
of the United States or waters of the State.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined in
40 CFR 122.2
Na tional Pollutant Discharge EKmina tion System (NPDES) Storm Wa ter Discharge Permit -
means a permit issued by the North Carolina Department of Environment and Natural Resources,
Division of Water Quality that authorizes the discharge of pollutants to waters of the State, whether
the permit is applicable on an individual, group, or general area -wide basis.
Non -Storm WaterDischarge: Any discharge to the storm drain system that is not composed entirely
of storm water.
Person: means any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
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Pollutant- Anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and
pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Storm Water.- Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan. A document which describes the Best Management
Practices and activities to be implemented by a person or business to identify sources of pollution or
contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater,
Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.
Wastewate.r. means any water or other liquid, other than uncontaminated storm water, discharged
from a facility.
53