Johnston County Unincorporated
City Zoning Code

ARTICLE VII

- STORMWATER MANAGEMENT 13

Sec. 14-381. - Purpose.

The purpose of this article 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 development-related and post-development stormwater. The specific objectives and means to do so include the following:

(1) Establishing design and approval

(2) Decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources;

(3) Requiring that development minimizes negative impacts such as flooding, streambank erosion, and water quality degradation.

(4) Seeking to maintain the integrity of stream channels and aquatic habitats;

(5) Identifying the Johnston County Stormwater and Erosion Control Design Manual, also known as the "Administrative Manual," establishing the following:

a. Minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality from new development;

b. Design and review criteria for the construction, function, and use of stormwater control measures that may be used to meet the minimum post-development stormwater management standards;

c. Provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater SCMs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety;

d. Administrative procedures for the submission, review, approval and disapproval of stormwater management plans for new development, for the inspection of approved projects, and to assure appropriate long-term maintenance.

(6) Encouraging the use of better management and site design practices in new development, 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;

(7) Controlling illicit discharges into waters of the state.

(Ord. of 7-10-2000, § 9.2; Ord. of 1-2-2001, § 9.2; Amend. of 9-2-2025)

Sec. 14-382. - Applicability.

The provisions of this article shall apply to all areas within the planning jurisdictional limits of the county. The provisions of the environmentally sensitive area district shall apply to those areas defined and established on the map entitled "Environmentally Sensitive Areas of Johnston County, North Carolina."

(Ord. of 7-10-2000, § 9.2; Ord. of 1-2-2001, § 9.2)

Sec. 14-383. - Exceptions to applicability.

The provisions of this article shall not apply to:

(1) Vested rights. To the extent that the owner or developer can establish vested rights pursuant to G.S. 160D-108 or 160D-108.1 exempting the property from any requirement under this article, the period of any such vested rights shall be as prescribed in G.S. 160D-108(d).

(2) Single family and duplex residential development that either:

a. Will disturb less than one acre; or

b. Is not part of a larger common plan of development or sale as defined in 15A NC Administrative Code 02H .1002, and will not result in greater than five percent built upon area on the lot.

(3) Recreational facilities or development that will disturb less than one acre.

(4) Commercial, industrial, institutional, multifamily residential, and local government land uses or development that will:

a. Disturb less than one-half acre; and

b. Will not replace or expand existing structures on a parcel, resulting in a cumulative built-upon area for the development exceeding 24 percent.

(5) Existing development as defined in section 14-384;

(6) Redevelopment as defined in section 14-384;

(7) Activities subject to requirements of the Neuse Agriculture rule, 15A NCAC 02B .0712.

(Ord. of 7-10-2000, § 9.2.1; Ord. of 1-2-2001, § 9.2.1; Amend of 9-2-2025)

Sec. 14-384. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means an owner or developer of a site who executes the stormwater permit application pursuant to this article.

Built upon area (BUA) means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and into the subsoil, as defined in G.S. 143.214.7. "Built-upon area" does not include:

(1) A slatted deck.

(2) The water area of a swimming pool.

(3) A surface of number 57 stone, as designated by the American Society for Testing and Materials, laid at least four inches thick over a geotextile fabric.

(4) A trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour).

(5) Landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such as the area between sections of pavement that support the weight of a vehicle.

(6) Artificial turf, manufactured to allow water to drain through the backing of the turf, and installed according to the manufacturer's specifications over a pervious surface.

Channel bank means the location of the upper edge of the active channel above which the water spreads into the overbanks on either side of the channel or the elevation of the two-year frequency storm. Where the channel bank is not well defined, the channel bank shall be considered the edge of the waterline.

Design storm means the specific frequency and, if necessary, duration of the rainfall event to be used in design to meet the criteria established in the Administrative Manual.

Development means, consistent with the definition in G.S. 143-214.7(a1)(1), any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built-upon areas of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be apply retroactively to existing development, unless otherwise required by federal law.

Drainage structures include swales, channels, storm sewers, curb inlets, yard inlets, culverts and other structures designed to convey stormwater.

Environmentally sensitive (ES) area district is defined in section 14-103 of the Land Development Code.

Existing development means an individual nonresidential site with site plan approval by the planning department or a nonresidential or residential subdivision with preliminary subdivision approval from the planning board prior to August 1998.

Existing built-upon area means built-upon area previously approved in a stormwater management plan or in place prior to August 1998.

Illegal discharge means any unlawful disposal, placement, emptying, dumping, spillage, leakage, pumping, pouring, or other discharge of any substance other than stormwater into a stormwater conveyance system, the waters of the state or upon the land such that the substance is likely to reach a stormwater conveyance system or waters of the state and constitutes an illegal discharge.

Impervious surface is no longer the operative term, and has been replaced by the term built upon area, which is defined above.

Land disturbing activity means any use of the land that results in a change in the natural cover or topography that may cause or contribute to sedimentation.

Natural drainageway means an incised channel with a defined channel bed and banks that are part of the natural topography. Construction channels such as drainage ditches shall not be considered a natural drainageway unless the constructed channel was a natural drainageway that has been relocated, widened, or otherwise improved.

Primary stormwater control measure (SCM) means a wet pond, stormwater wetland, infiltration system, sand filter, bioretention cell, permeable pavement, green roof, rainwater harvesting, or an approved new stormwater technology that is designed, constructed and maintained in accordance with the North Carolina Department of Environmental Quality's Minimum Design Criteria (MDC).

Redevelopment means, as defined in G.S. 143-214.7(a1)(2), any land disturbing activity that does not result in a net increase in built upon area and that provides greater or equal stormwater control to that of the previous development.

Riparian buffer, see section 14-105.

Stormwater means surface water flow resulting from and occurring after any form of precipitation.

Stormwater administrator means the person designated by the county manager to have authority to review and approve stormwater permits and stormwater management plans. The stormwater administrator or designee shall also be responsible for inspecting development and enforcing the provisions of this article.

Stormwater control measure (SCM) means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to manage the quantity of runoff by mimicking the natural hydrologic cycle through infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof. SCMs include primary devices and secondary devices.

Stormwater conveyance system or structure means any feature, natural or manmade, that collects and transports stormwater, including, but not limited to, roadways with collection systems, catch basins, manmade and natural channels, streams, pipes and culverts, and any other structure or system designed to transport runoff.

The Administrative Manual means the Johnston County Stormwater Design and Sedimentation and Erosion Control Manual.

Vegetative buffer means an area that has a dense ground cover of herbaceous or woody species, which provides for diffusion and infiltration of runoff and filtering of pollutants.

(Ord. of 7-10-2000, § 9.3; Ord. of 1-2-2001, § 9.3; Amend. of - - ; Amend. of 9-2-2025)

Cross reference—Definitions generally, § 1-2.

Sec. 14-385. - Interpretation.

In interpreting and applying this article, the requirements are intended to be minimum requirements, which are imposed and are to be conformed to, and are in addition to, and not in lieu of, all other legal requirements. This section shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever any ordinance, rule, regulation, permit, or easement, covenant, or other agreement between parties; provided, however, where this article imposes greater restrictions and controls with respect to stormwater management, the provisions of this article shall prevail.

(Ord. of 1-2-2001, § 9.4)

Sec. 14-386. - Administrative Manual.

(a) The stormwater administrator shall compile relevant policies, design criteria, and information related to stormwater management that will be included in the Administrative Manual, which the administrator shall make available to the public. It will include relevant application requirements, a copy of this article, technical and design standards, and information on how and where to obtain the latest version of the NC Stormwater Design Manual published by the North Carolina Department of Environmental Quality. Whenever reference is made in this article to "standards," "administrative manual" or "manual," it refers to the latest published edition of the Administrative Manual.

(b) The stormwater administrator shall use the information included in this article and technical standards in the Administrative Manual as the basis for decisions about stormwater permits and about the design, implementation and performance of SCMs.

(c) The Administrative Manual may be updated and expanded from time to time by the stormwater administrator, based on advancements in technology or engineering, improved knowledge of local conditions, or local monitoring or maintenance experience. Prior to amending or updating the Administrative Manual, proposed changes shall be generally publicized and made available for review, and an opportunity for comment by interested parties shall be provided.

(d) If the standards, policies, design criteria, or other information in the Administrative Manual are amended subsequent to the submittal of an application for approval pursuant to this article, but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this article with regard to the application.

(Ord. of 9-2-2025)

Sec. 14-387. - Stormwater quantity controls.

(a) Stormwater generated from development shall generally be conveyed in a designed drainage system of natural drainageways, grass swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be designed, constructed, and maintained to encourage natural infiltration, control velocity, control flooding, and extend the time of concentration of stormwater runoff, consistent with the requirements of this article and the Administrative Manual.

(b) Stormwater attenuation. Unless an exemption set forth in subsection (3) below applies, the stormwater attenuation standards shall be as follows:

(1) In the ES area district and in the Middle Creek Watershed, the stormwater runoff from development shall be attenuated for the one year through the 100 year storm events, such that the post development peak runoff rates are the same as or less than the pre-development peak runoff rates.

(2) In all other areas, stormwater runoff from development shall be attenuated for the one year through the 25 year storm events, such that the post development peak runoff rates are the same as or less than the pre-development peak runoff rates.

(3) The attenuation standards in subsections (1) and (2) above do not apply for:

a. Single family and duplex residential developments that do not include more than 19 lots and have no more than an eight percent increase in peak runoff rate between the post-development and pre-development rates, unless the stormwater administrator determines this exemption should not apply due to the potential of down gradient impacts of the development based on site-specific conditions and down gradient land uses.

b. Commercial or industrial development that adds less than 10,000 square feet of new BUA and does not exceed the permitted BUA threshold of an existing stormwater permit.

(Ord. of 9-2-2025)

Sec. 14-388. - Nitrogen loading.

(a) The nitrogen loading contributed by new development shall be restricted to 3.6 pounds of nitrogen per acre per year. Methodologies for determining nitrogen loading are outlined in the Administrative Manual.

(b) A developer may meet nitrogen reduction needs for development through the use of permanent nutrient offset credits pursuant to the Nutrient Offset Credit Trading Rule, 15A NCAC 02B .0703. Verification of the payment must be provided to the county.

(c) Where the BUA for a development exceeds 24 percent, primary SCMs shall be used for runoff treatment prior to purchasing nitrogen credits.

(d) Proposed development undertaken by a local government solely as a public road expansion or public sidewalk project, or proposed development subject to the jurisdiction of the Surface Transportation Board, may meet the loading rate target through use of permanent nutrient offset credit pursuant to 15A NCAC 02B .0295.

(Ord. of 9-2-2025)

Sec. 14-389. - Stormwater permit.

(a) Prior to beginning land disturbing activities, a stormwater permit is required for all development unless exempt pursuant to this article. A permit may only be issued subsequent to a properly submitted, reviewed, and approved stormwater management plan, pursuant to this article and the Administrative Manual.

(b) A stormwater permit shall govern the design, installation, construction, and maintenance of the stormwater management system for development, including structural and non-structural controls.

(1) Approval of the stormwater management plan by the stormwater administrator.

(2) Submission and approval of any required easements on construction drawings. Easements must be clearly shown and labeled on the final plat to be recorded.

(3) Submission and approval of any required inspection and maintenance agreement and/or other legal instrument established to ensure longterm maintenance of SCMs. This instrument must be recorded prior to issuance of a certificate of occupancy or final plat recordation.

(4) Payment of all fees.

(d) If the development requires approval of an erosion and sediment control plan, the stormwater permit will not be issued until the erosion control plan approval has been issued.

(e) A stormwater permit shall become null and void if the applicant fails to commence land-disturbing activity 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.

(f) Any material change to the stormwater management plans will require a modification to the permit, or a new permit.

(Ord. of 7-10-2000, § 9.4; Ord. of 1-2-2001, § 9.5; Amend of 9-2-2025)

Sec. 14-390. - Fees.

A list of fees associated with this article, including permit application fees, is available on the county public utilities website and at the office of the clerk to the board of commissioners in the county courthouse.

(Ord. of 1-2-2001, § 9.6; Amend. of 9-2-2025)

Sec. 14-391. - Stormwater permit application and plans.

(a) The stormwater permit application shall be made by, or on behalf of, the land owner or developer of the site for which the permit is sought. The application shall be filed with the stormwater administrator on a form supplied by the county and shall be accompanied with the information identified in the Administrative Manual.

(b) Stormwater management plans must be prepared by a qualified registered professional engineer, land surveyor or landscape architect.

(1) Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the Administrative Manual.

(2) Demonstrate through accepted engineering practices described in the Administrative Manual that the development will not negatively impact existing up gradient or down gradient drainage structures, systems, conveyances, streams or properties.

(3) Demonstrate through accepted engineering practices described in the Administrative Manual that stormwater runoff is adequately conveyed through the development in a drainage system designed to meet the criteria described in the Administrative Manual.

(4) Demonstrate through accepted engineering practices described in the Administrative Manual that stormwater facilities required to control the impacts of the development are designed to meet the criteria described in the Administrative Manual.

(5) Demonstrate that the nitrogen loading from the new development does not exceed the limits set forth in section 14-388.

(6) For individual single family residential lots: lot level stormwater management plans shall be required prior to county building permit issuance for individual single family residential lots adding BUA in excess of the original designed and recorded BUA limit. Treatment is required for the new BUA only.

(7) An offsite SCM that is dedicated to treating an area encompassing the area of the development may be utilized, provided the SCM is designed to meet all applicable requirements identified in the Administrative Manual.

(8) Proposed easements for SCMs shall include the area of the SCM, area of ponded water, and enough area for access and maintenance.

(d) Locations of all easements for the development shall be shown and labeled on the development plans and recorded on the final plat.

(e) Development covenants shall be provided and recorded prior to final plat. The covenant must provide the maximum BUA for each lot, along with a process for the landowners or homeowners' association to manage excess or banked BUA.

(Ord. of 7-10-2000, § 9.5.1; Ord. of 1-2-2001, § 9.7.1; Amend. of 9-2-2025)

Sec. 14-392. - Construction and inspection.

(a) The permittee or its representative shall notify the stormwater administrator before commencing any work to implement the stormwater design plan, at key milestones during construction, and upon completion of the work.

(b) Any portion of the construction which does not comply with the stormwater design plan shall be promptly corrected by the permittee.

(c) The stormwater administrator will notify the permittee for the development activity in writing when violations are observed, describing:

(1) The nature of the violation;

(2) Required corrective actions; and

(3) The time period for corrective action.

(d) Prior to final plat approval or issuance of a certificate of occupancy, the permittee shall provide an engineer's certification stating that all drainage easements and facilities have been installed as shown on the approved plan and permanently stabilized.

(e) Upon completion of the stormwater management facilities included in the stormwater management plan, the permittee shall provide record drawings signed and sealed by a registered professional to be submitted. The record drawings shall be referenced to North Carolina state plane coordinates and shall be provided to the stormwater administrator as specified in the Administrative Manual. The registered professional shall state on the record drawings that:

(1) The system/s has been constructed as shown on the record drawings;

(2) The system/s meets the approved stormwater design plan; and

(3) The record drawings meet all applicable requirements of this article and the Administrative Manual.

(f) A final inspection shall be conducted by the stormwater administrator or designee upon submittal of the record drawings identified above to verify that the completed work is constructed in accordance with the record drawing.

(Ord. of 9-2-2025)

Sec. 14-393. - Performance guarantee.

(a) May be required. The stormwater administrator, at their discretion, may require the submittal of a performance guarantee or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to certificate of operation or final plat approval in order to ensure that the approved stormwater management system has been installed by the permit holder as required by the approved stormwater management plan.

(b) Amount. The amount of a performance guarantee shall be 125 percent of the total estimated construction cost of the engineered stormwater controls approved under the permit.

(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified.

(2) Default. Upon default of the permittee or owner to construct any engineered stormwater 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 complete construction of engineered stormwater control. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or operation and maintenance agreement. In the event of a default triggering the use of the performance guarantee, the county shall not return any of the unused deposited cash funds or other security.

(3) Costs in excess of performance security. If the county takes action upon such failure by the applicant or owner, the county may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.

(4) Release. Upon complete installation of the stormwater plan and acceptance of the engineer's final certification, the performance guarantee shall be released to the applicant or terminated.

(Ord. of 9-2-2025)

Sec. 14-394. - SCM maintenance and inspections.

(a) Maintenance responsibility. The owner of each SCM installed pursuant to this article 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 SCM was designed.

(b) Operation and maintenance agreement. Prior to final plat approval or issuance of a certificate of occupancy, the permit applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all current and subsequent owners of the site, portions of the site, and lots serviced by the SCM. The agreement shall:

(1) Require the owner or owners to maintain, repair and, if necessary, reconstruct the SCMs.

(2) Shall state the terms, conditions and schedule of maintenance for the SCMs.

(3) Grant the stormwater administrator or designee a right of entry onto the site to inspect SCMs.

(4) State that if the stormwater administrator or designee directs the correction, repair, replacement, or maintenance of the SCM in writing and the actions are not satisfactorily performed within a reasonable time (but not greater than 120 days), the stormwater administrator (or its contractors) may, after reasonable notice, enter the land and perform all the necessary work and may assess the owner of the site with the cost of the work performed.

(5) Include an operation and maintenance plan.

(6) Reference the deed and book of the recorded property.

(7) Be recorded in the register of deeds at the expense of the applicant.

(c) Annual inspections and reports. The person responsible for maintenance of any SCM installed pursuant to this article shall submit to the stormwater administrator an annual inspection report from a qualified registered engineer, landscape architect or an individual that has passed the stormwater control measure construction inspection course issued by NC State University Cooperative Extension. The inspection report shall be on a form provided in the Administrative Manual and shall contain:

(1) The name and address of the landowner;

(2) Name, contact information and qualification of the inspector;

(3) The recorded book and page number of the lot or parcel for each SCM;

(4) A statement that an inspection was made of all components of the SCM to determine compliance with the operation and maintenance agreement;

(5) The date of the inspection;

(6) Photographs of the SCM components clearly showing its condition; and

(7) The findings of the inspection regarding the proper functioning of the stormwater system or the maintenance that is needed to provide the proper functioning of the stormwater system.

(Ord. of 9-2-2025)

Sec. 14-395. - Easements.

Any easements for stormwater management system components shall be recorded in the register of deeds at the expense of the applicant and shall be depicted on the final plat or recorded map.

(Ord. of 9-2-2025)

Sec. 14-396. - Discharges and connections.

(a) Illegal discharge. No person shall cause or allow the discharge, disposal, pouring or pumping directly or indirectly to any stormwater conveyance structure, stormwater conveyance system, stream, lake, pond, wetland or other body of water, or upon the land in proximity to the same, any fluid, solid or other substance (other than stormwater). Prohibited substances include, but are not limited to oil, antifreeze, chemicals, animal waste, paints, garbage and litter. Examples of illegal discharges are:

(1) Dumping of oil, antifreeze, paint or cleaning fluids.

(2) Untreated commercial carwash washwater.

(3) Industrial discharges.

(4) Contaminated foundation drains.

(5) Cooling waters, unless no chemicals are added and have a valid NPDES permit.

(6) Washwater from commercial and industrial activities.

(7) Chlorinated backwash and draining associated with swimming pools.

(8) Domestic wastewater.

(9) Septic system effluent.

(10) Washing machine discharges.

(b) Allowable discharges. Examples of allowed discharges under this article are:

(1) Water line flushing.

(2) Irrigation.

(3) Uncontaminated groundwater pumping.

(4) Street wash water.

(5) Dechlorinated backwash and drainage associated with swimming pools.

(6) NPDES permitted discharges.

(c) Illegal connections. Connections to a stormwater conveyance system or structure that allow the discharge of nonstormwater are unlawful. Prohibited connections include, but are not limited to:

(1) Floor drains.

(2) Wastewater from washing machines or sanitary sewers.

(3) Wash water from commercial vehicle washing or steam cleaning.

(4) Wastewater from septic systems.

(d) Determination of connection. Upon determining that a connection to a stormwater conveyance system:

(1) May result in the discharge of hazardous materials, may pose a threat to health and safety, or is likely to result in immediate injury or harm to human or animal life, natural resources, to real or personal property, or habitat; or

(2) Was made in violation of any applicable regulation or ordinance.

The stormwater administrator shall outline in a notice of violation, sent by certified mail, the time in which the connection shall be removed. Failure to comply with the terms and deadlines set in the notice of violation will constitute a violation of this article.

(Ord. of 1-2-2001, § 9.9; Amend. of 9-2-2025)

Sec. 14-397. - Right to enter.

The stormwater administrator, or their staff or contractors, shall be permitted to enter upon public or private property for the purposes of inspection, sampling, monitoring, testing or otherwise verifying compliance with this article.Should such persons be denied reasonable access to any property, the stormwater administrator shall obtain an administrative search warrant. No person shall obstruct, hamper or interfere with any such representative while carrying out his official duties.

(Ord. of 1-2-2001, § 9.11; Amend. of 9-2-2025)

Sec. 14-398. - Variances.

(a) Any person desiring a variance from any requirements of this article may file a petition for the variance with the county clerk. The request shall state the specific variance sought and the reasons, with support data. The request shall include descriptions, drawings, calculations and any other information that is necessary to evaluate the proposed variance.

(b) The stormwater administrator will conduct a review of the request for a variance and submit a report to the board of adjustment.

(d) A variance may be granted if:

(1) There are exceptional circumstances applicable to the site such that strict adherence to the provisions of this article will result in unnecessary hardship and not fulfill the intent of this article. The cost of compliance with this article shall not be considered such a hardship; and

(2) The variance is in harmony with the general purpose and intent of this article.

(Ord. of 7-10-2000, § 9.10; Ord. of 1-2-2001, § 9.12; Amend. of 9-2-2025)

Sec. 14-399. - Enforcement.

(a) General.

(1) Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator.

(2) Violation. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article.

(3) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.

(4) Responsible persons/entities. Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, practice, or condition in violation of this article 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 article, or fails to take appropriate action, so that a violation of this article results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs.

(b) Procedures.

(1) Notice of violation and order to correct. When the stormwater administrator finds that any building, structure, or land is in violation of this article, they shall notify the responsible person/entity in writing of the violation. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation occurred or is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. The notice shall, if required, specify a date by which the responsible person/entity must comply with this article, and advise that the responsible person/entity is subject to remedies and/or penalties or that failure to correct the violation within the time specified will subject the responsible person/entity to remedies and/or penalties as described in this section of this article. In determining the measures required and the time for achieving compliance, the stormwater administrator shall take into consideration the technology and quantity of work required, and shall set reasonable and attainable time limits. A copy of the notice of violation shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first class mail. The person or persons delivering the notice of violation shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.

(2) 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 within seven days of receipt of the notice of violation and corrective order. The stormwater administrator may grant the time extension if warranted.

(3) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health, safety, or welfare, the stormwater administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article.

(c) Remedies and penalties. The remedies and penalties provided for violations of this article shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.

(1) Remedies.

a. Withholding of certificate of occupancy. The county manager 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 responsible person(s) have taken the remedial measures set forth in the notice of violation, or have otherwise cured the violations described therein.

b. Disapproval of subsequent permits and development approvals. As long as a violation of this article continues and remains uncorrected, the county manager or other authorized agent may withhold any request for a permit or development approval or authorization provided for by Chapter 14 of the county code of ordinances for the land on which the violation occurs.

c. Injunction, abatements, and the like. The stormwater administrator 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 article. Any person violating this article shall be subject to the full range of equitable remedies provided in the general statutes or at common law.

d. Correction as public health nuisance, costs as lien, and the like. If the stormwater administrator determines the violation is dangerous or prejudicial to the public health or public safety, the stormwater administrator may cause the violation to be corrected and the costs to be assessed as a lien against the property.

e. Stop work order. The stormwater administrator may issue a stop work order to the person(s) violating this article. A copy of the order shall be delivered to the holder of the development approval and to the owner of the property involved (if that person is not the holder of the development approval) by personal delivery, electronic delivery, or first class mail. The person or persons delivering the order shall certify to the local government that the order was delivered and that certificate shall be deemed conclusive in the absence of fraud.

f. The stop work order shall remain in effect until the responsible parties have taken the remedial measures set forth in the notice of violation or have otherwise cured the violation or violations described therein.

(2) Civil penalties.

a. Violations of article. A violation of any of the provisions of this article or rules or other orders adopted or issued pursuant to this article may subject the violator to a civil penalty. A civil penalty may be assessed from the date the violation occurs. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation. Refusal to accept the notice or failure to notify the stormwater administrator of a change of address shall not relieve the violator's obligation to comply with this article or to pay such a penalty.

b. Amount of penalty. The civil penalty for each violation of this article may be up to the maximum allowed by law, no more than $25,000.00 per day. Each day of continuing violation shall constitute a separate violation. In determining the amount of the civil penalty, the stormwater administrator shall consider any relevant mitigating and aggravating factors including, but not limited to:

i. The effect, if any, of the violation;

ii. The degree and extent of harm caused by the violation;

iii. The cost of rectifying the damage;

iv. Whether the violator saved money through noncompliance;

v. Whether the violator took reasonable measures to comply with this article;

vi. Whether the violation was committed willfully;

vii. Whether the violator reported the violation to the county; and

viii. The prior record of the violator in complying or failing to comply with this article or any other post construction article or law.

The stormwater administrator is authorized to vary the amount of the per diem penalty based on these criteria and any relevant mitigating factors. Civil penalties collected pursuant to this article shall be credited to the county's general fund as nontax revenue, or as otherwise required by law.

(d) Notice of assessment of civil penalty. The stormwater administrator shall determine the amount of the civil penalty and shall notify the violator of the amount of the penalty and the reason for assessing the penalty. This notice of assessment of civil penalty shall be served by any means authorized under Rule 4 of the North Carolina Rules of Civil Procedure, and shall direct the violator to either pay the assessment or file an appeal within 30 days of receipt of the notice.

(e) Failure to pay civil penalty assessment. If a violator does not pay a civil penalty assessed by the stormwater administrator by the date it is due, the stormwater administrator may initiate a civil action to recover the amount of the penalty assessment. The civil action shall be brought in Johnston County superior court or in any other court of competent jurisdiction. A civil action must be filed within three years of the date the assessment was due. An assessment that is appealed is due at the conclusion of the administrative and judicial review of the assessment.

(Ord. of 9-2-2025)

Sec. 14-400. - Appeals.

(a) The issuance of a notice of violation and corrective order shall entitle the aggrieved person to appeal the stormwater administrator's decision to the county board of adjustment. Such appeal must be made in writing to the county clerk within 15 days of the aggrieved party's receipt of written notice of the stormwater administrator's decision.

(b) Any other action or decision taken in administering and enforcing this article, including disapproval or required modification of stormwater design plans, denial of a stormwater permit, the issuance of civil penalties, or withholding of certificates of occupancy, shall entitle the aggrieved party to appeal the action to the county board of adjustment. Such appeal must be made in writing to the county clerk within 15 days of the aggrieved party's receipt of written notice of the action.

(c) In hearing any appeal under this section, the county board of adjustment shall conduct a quasi-judicial hearing in accord with North Carolina law applicable to such hearings.