This ordinance shall be known as the "City of New Bern Stormwater Ordinance for New Development," and may be so cited.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Authority. The board of aldermen is authorized to adopt this ordinance pursuant to state law, including but not limited to article 14, section 5 of the state constitution; G.S. 143-214.7 and 143-215.6A, and rules promulgated by the environmental management commission thereunder; G.S. ch. 160A; and G.S. ch. 160D, arts. 2, 3, 4, 7 and 8; 15A NCAC 02B.0711 Neuse Nutrient Strategy: Stormwater; and 15A NCAC 02B.0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. Under this authority, the city has the responsibility and authority to regulate land use and development, enforce ordinances within its jurisdiction, and to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

(b)

Findings. It is hereby determined that:

Development alters 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; and

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 the Neuse River Estuary, as nutrient sensitive waters; has identified all or a portion of the estuary as impaired waters under the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has promulgated rules (the "Neuse River Rules") to reduce the average annual loads of nitrogen delivered to the estuary from all point and nonpoint sources of these nutrients located within its watershed, including stormwater from new development in this jurisdiction;

Therefore, the board of alderman 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.

(Ord. No. 24-020, § 1, 6-11-24)

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 nitrogen in stormwater runoff and nonpoint and point source pollution associated with new development in the watershed of the Neuse River estuary. 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)

Ensure that the city remains in full compliance with 15A NCAC 02B.0711 Neuse Nutrient Strategy: Stormwater, 15A NCAC 02B.0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers, and that the city has a stormwater management program consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.).

(2)

Establish decision-making processes for development that protects the integrity of watersheds and preserve the health of water resources.

(3)

Require that new development not exceed export targets for nitrogen in stormwater runoff for the watershed through site layout, engineered stormwater controls, or permanent nutrient offset credits.

(4)

Establish minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality.

(5)

Establish design and review criteria for the construction, function, and use of engineered stormwater controls that may be used to meet the minimum post-development stormwater management standards.

(6)

Encourage 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.

(7)

Establish provisions for the long-term responsibility for and maintenance of engineered stormwater controls to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety.

(8)

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

(9)

Control illicit discharges into the city's stormwater system and waters of the state.

(10)

Provide education and outreach to the public regarding methods to prevent and minimize pollutant contributions to the city's stormwater system and waters of the state.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

General. Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and expansion of development throughout the city and its extraterritorial jurisdiction within the Neuse River Watershed, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to this ordinance.

(b)

Exemptions.

(1)

Single family and duplex residential and related recreational development and expansion of development that disturbs less than one acre is exempt from the provisions of this ordinance.

(2)

Commercial, industrial, institutional, multifamily residential or local government development that disturbs less than one-half acre and does not expand existing structures on a parcel is exempt from the provisions of this ordinance.

(3)

Commercial, industrial, institutional, multifamily residential or local government development that disturbs less than one half acre and expands existing structures on a parcel but does not result in a cumulative built-upon area for the parcel exceeding twenty-four (24) percent is exempt from the provisions of this ordinance.

(4)

Development that disturbs less than the above thresholds are not exempt if such activities are part of a larger common plan 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.

(5)

Development of an individual single-family or duplex residential lot that is not part of a larger common plan of development or sale and does not result in greater than five (5) percent built-upon area on the lot is exempt from the provisions of this ordinance.

(6)

Existing development or redevelopment is exempt from the provisions of this ordinance.

(7)

Activities on a bona fide farm unless the activity is for non-farm purpose. Activities subject to requirements of the Neuse Agriculture Rule, 15A NCAC 02B.0712 is exempt from the provisions of this ordinance.

(8)

Development or expansion of development with a vested right per the standards of G.S. 160D-108 is exempt from the provisions of this ordinance.

(9)

Development or expansion of development for which the permit application was submitted prior to adoption of this ordinance is optionally exempt from the provisions of this ordinance per the requirements of G.S. 143-755.

(c)

No development or expansion until compliance and permit. No development or expansion of development shall occur except in compliance with the provisions of this ordinance or unless exempted. No development or expansion of development for which a permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Meaning and intent. In interpreting and applying this ordinance, the requirements are intended to be minimum requirements that are imposed and are to be conformed to, and are in addition to, and not in lieu of, any and all other legal requirements. All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the purpose and intent set forth in section 15-503. If a different or more specific meaning is given for a term defined elsewhere in this code of ordinances, the meaning and application of the term in this ordinance shall control for purposes of application of this ordinance. This ordinance shall not be deemed to interfere with or annul or otherwise affect in any manner whatsoever an ordinance, rules, regulations, permits, or easements, covenants, or other agreements between parties, provided, however, that where this ordinance imposes greater restrictions and controls with respect to stormwater management for the purposes of managing water quality and controlling discharges, the provisions of this ordinance shall prevail.

(b)

Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the text shall control.

(c)

Authority for interpretation. The stormwater administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting a written request to the stormwater administrator, who shall respond in writing within 30 days. The stormwater administrator shall keep on file a record of all written interpretations of this ordinance.

(d)

References to statutes, regulations, and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the design manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.

(e)

Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the city. References to days are calendar days unless otherwise stated.

(f)

Delegation of authority. Any act authorized by this ordinance to be carried out by the stormwater administrator may be carried out by his or her designee.

(g)

Usage.

1.

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

2.

Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions, and events apply. The word "or" indicates that one or more of the connected items, conditions, provisions, or events apply.

3.

Tense, plural, 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.

(Ord. No. 24-020, § 1, 6-11-24)

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 most recent version of the accounting tool for calculating nutrient loading and reduction approved by the division for the relevant geography and development type under review.

Best management practices. An activity, procedure, or structural or nonstructural management-based practice used singularly or in combination to prevent or reduce the discharge of pollutants directly or indirectly to the stormwater system and waters of the United States in order to achieve water quality protection goals. Best management practices include but are not limited to: treatment facilities to remove pollutants from stormwater; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non-stormwater, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the city determines appropriate for the control of pollutants. Please refer to the city stormwater management manual, as discussed further under subsection 15-516(c) herein, for specific requirements

Built-upon area (BUA). Built-upon area shall have the meaning as set for thin G.S. 143-214.7(b2).

City. City of New Bern, North Carolina.

Commission. The North Carolina Environmental Management Commission, in the department.

Department. The North Carolina Department of Environmental Quality.

Design manual. The state stormwater design manual approved by the department for the proper implementation of the state minimum design criteria for engineered stormwater controls. All references herein to the design manual are to the latest published edition or revision.

Developer. Developer shall have the same meaning as provided in G.S. 160D-102(11).

Development. Development shall have the same meaning as provided in G.S. 143-214.7(a1)(1).

Development approval. Development approval shall have the same meaning as provided in G.S. 160D-102(13).

Division. The division of water resources in the department.

Engineered stormwater control. A physical device designed to trap, settle out, filter, or otherwise remove pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development 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, vegetated conveyances, filter strips, grassed swales, and other methods installed or created on real property. "Engineered stormwater control" is synonymous with "structural practice," "primary SCM," "stormwater control facility," "stormwater control practice," "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this ordinance. It is a broad term that may include practices that do not require design by a professional licensed engineer.

Existing development. Existing development shall have the same meaning as provided in 15A NCAC 02H.1002(18).

Hazardous 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.

Illegal discharge. Any 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 constitutes an illegal discharge, except as exempted in division II of this ordinance.

Illicit connections. An illicit connection is defined as either of the following:

(1)

Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the stormwater system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the stormwater system and any connections to the stormwater system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

(2)

Any drain or conveyance connected from a commercial or industrial land use to the stormwater system which has not been documented in plans, maps, or equivalent records and approved by the city.

Impervious surface. A surface composed of any material that impedes natural infiltration of water into the soil. Gravel areas shall be considered impervious.

Land disturbing activity. Land disturbing activity shall have the same meaning as provided in 15A NCAC 02B.0202(33).

Larger common plan of development or sale. Larger common plan of development or sale shall have the same meaning as provided in 15A NCAC 02H.1002(8).

Load. The mass quantity of a nutrient or pollutant released into surface waters over a given time period. Load in this ordinance refers to pounds of nitrogen or phosphorus per year.

Loading rate. The mass quantity of a nutrient or pollutant released from a given area into surface waters over a given time period. Loading rate in this ordinance refers to pounds of nitrogen or phosphorus per acre per year.

Minimum design criteria. Minimum design criteria shall have the same meaning as provided in 15A NCAC 02H.1002(24).

Minor variance. A variance from the minimum Neuse Stormwater rules that results in the relaxation of up to 10 percent of any vegetated setback, density, or minimum lot size requirement applicable to low density development, or the relaxation of up to 5 percent of any vegetated setback, density, or minimum lot size requirement applicable to high density development. For variances to a vegetated setback requirement, the percent variation shall be calculated using the footprint of built-upon area proposed to encroach within the vegetated setback divided by the total area of vegetated setback within the project.

National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits. General, group, and individual stormwater discharge permits that regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act.

Nitrogen. The total nitrogen unless specified otherwise.

Non-stormwater discharge. Any discharge to the stormwater system that is not composed entirely of stormwater.

Nutrient(s). The combination of total nitrogen and total phosphorus.

1-year, 24-hour storm. 1-year, 24-hour storm shall have the same meaning as provided in 15A NCAC 02H.1002(3).

Outfall. A point at which stormwater (1) enters surface water, or (2) exits the property of a particular owner.

Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. "Owner" shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity.

Parcel. Parcel shall have the same meaning as project.

Permanent nutrient offset credits. Permanent nutrient offset credits. Shall have the same meaning as provided in 15A NCAC 02B.0701(38).

Person. Person shall have the same meaning as provided in G.S. 143-212(4).

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, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; untreated commercial car wash water and industrial discharges, contaminated fountain drains, and cooling waters; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

Pollution. The human-made or human-induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

Primary SCM. Primary SCM shall have the same meaning as provided in 15A NCAC 02H.1002(37).

Project. Project shall have the same meaning as provided in 15A NCAC 02H.1002(38).

Redevelopment. Redevelopment shall have the same meaning as provided in G.S. 143-214.7(a1)(2).

Runoff treatment. Runoff treatment shall have the same meaning as provided in 15A NCAC 02H.1002(43).

Runoff volume match. Runoff volume match shall have the same meaning as provided in 15A NCAC 02H.1002(44).

Site plan. A scaled drawing and supporting text showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on the lot. The site plan may include site-specific details such as building areas, building height and floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and stormwater control facilities that are depicted to show compliance with all legally required development regulations that are applicable to the project and the site plan review. A site plan approval based solely upon application of objective standards is an administrative decision and a site plan approval based in whole or in part upon the application of standards involving judgment and discretion is a quasi-judicial decision. A site plan may also be approved as part of a conditional zoning decision.

Stormwater. Stormwater shall have the same meaning as provided in G.S. 143-213(16a).

Stormwater system. All engineered stormwater controls and conveyances owned or controlled by a person that drain to the same outfall. A system may be made up of one or more engineered stormwater controls.

Stormwater administrator. The person designated by the city manager to have authority to review and approve stormwater permits and stormwater management plans. The stormwater administrator shall also be responsible for inspecting development and making sure the provisions of this ordinance are being followed and for reporting from time to time to the city manager and to the board of aldermen on the progress, plans, and expectations of the city's stormwater program. Whenever this ordinance refers to the stormwater administrator, it includes his or her designee.

Subdivision. The division of land for the purpose of sale or development as specified in G.S. 160D-802.

Substantial progress. For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion of a site plan 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.

Total nitrogen. The sum of the organic, nitrate, nitrite, and ammonia forms of nitrogen in water.

(Ord. No. 24-020, § 1, 6-11-24)

(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 stormwater 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 Neuse River Rules.

(b)

Relationship of design manual to other laws and regulations. If 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 applicant shall have the choice of using the new design manual in reviewing the application and in implementing this ordinance with regard to the application, or using the old design manual.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Conflict of laws. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.

(b)

Private agreements. This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall the city be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.

(Ord. No. 24-020, § 1, 6-11-24)

If the provisions of any section, subsection, paragraph, subdivision, or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Effective date. This ordinance shall take effect on July 1, 2024.

(b)

Final approvals; complete applications. All development and expansion of development projects for which complete and full applications were submitted to the city prior to the effective date of this ordinance may be exempted from complying with all provisions of this ordinance dealing with the control and/or management of stormwater by the choice of the developer.

A phased development plan shall be deemed complete prior to the effective date of this ordinance and it shows:

(1)

For the initial or first phase of development or expansion of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.

(2)

For any subsequent phase of development or expansion of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would require a material change in that phase of the plan.

(c)

Violations continue. Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or other activity complies with the provisions of this ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Stormwater administrator. A stormwater administrator shall be designated by the city manager to administer and enforce this ordinance.

(b)

Powers and duties. In addition to the powers and duties that may be conferred by other provisions of the city code and other laws, the stormwater administrator shall have the following powers and duties under this ordinance:

(1)

To review and approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance.

(2)

To make determinations and render interpretations of this ordinance.

(3)

To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the board of aldermen on applications for development or expansion of development.

(4)

To enforce the provisions of this ordinance in accordance with its enforcement provisions.

(5)

To maintain records, maps, forms and other official materials as related to the adoption, amendment, enforcement, and administration of this ordinance.

(6)

To provide expertise and technical assistance to the board of aldermen.

(7)

To designate appropriate other persons who shall carry out the powers and duties of the stormwater administrator.

(8)

To take any other action necessary to administer the provisions of this ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Permit required. A stormwater permit is required for all development and expansion of development unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.

(b)

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 engineered 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 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.

(c)

Authority to file applications. All applications required pursuant to this ordinance shall be submitted to the stormwater administrator by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for development approval for such development as is authorized by the easement.

(d)

Establishment of application requirements, schedule, and fees.

(1)

Application content 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 engineered stormwater controls, 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 applications, and that the various stages in the review process are accommodated.

(3)

Permit review fees. Permit application review fees shall be established by the board of aldermen from time to time as set forth in the schedule of fees on file in the office of the city clerk.

(4)

Administrative manual. For applications required under this ordinance, 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.

(e)

Submittal of complete application. Applications shall be submitted to the stormwater administrator pursuant to the application submittal schedule in the form established by the stormwater administrator, along with the appropriate fee establish pursuant to this section.

An application shall be considered as timely submitted only when it contains all the elements of a complete application pursuant to this ordinance, along with the appropriate fee. If the stormwater administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.

(f)

Review. Within sixty (60) calendar 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 sixty (60) calendar 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 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 accomplished by a permit review fee additional fee, as established pursuant to this ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Concept plan and consultation meeting. Before a stormwater 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.

(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.

(b)

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 15-516, general standards. All such plans shall be prepared by a qualified registered state 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 subsection 15-512(d).

(c)

As-built plans and final approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs and shall submit actual "as built" plans for all stormwater management facilities or practices after 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's inspection department 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's inspection department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Effect of approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. No deviations from the terms of the application or the approval shall be made until written approval of proposed changes or deviations has been obtained through permit revision and review. 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 progress on the site within one year after the date of approval. The stormwater administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. In granting an extension, the stormwater administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant's vested rights.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Right of appeal. Except as provided in G.S. 160D-1403.1, 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 thirty (30) days from receipt of the notice of a determination.

(b)

Filing of appeal and procedures. Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by the city. The stormwater administrator shall transmit to the board of adjustment all documents constituting the record on which the decision appealed from was taken. The stormwater administrator shall also provide a copy of the record to the appellant and to the owner of the property that is the subject of the appeal if the appellant is not the owner. The hearing conducted by the board of adjustment shall be conducted in the nature of a quasi-judicial proceeding as provided in G.S. 160D-406 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 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 chair of the board of adjustment at the time of its hearing of the case.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Compliance. All projects 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 expansion of development maintains the site consistent with the approved project plans.

(b)

Riparian buffers.

(1)

Delineation. Property owners undertaking any development activity shall demonstrate that the development activity does not affect riparian buffer zones as defined in 15A NCAC 2B.0610—Managing Activities Within Riparian Buffers: Definitions and 15A NCAC 2B.0700—Nutrient Management Strategy Rules for Surface Water, sections 2B.0701 Nutrient Strategies Definitions through 2B.0711 Neuse Nutrient Strategy: Stormwater. The riparian buffer shall be delineated on the subdivision plat, property boundary, or site plan for the development activity along with any limits imposed on the proposed development activity.

(2)

Riparian buffers; generally. The city will not approve any development activity within the riparian buffer as defined in 15A NCAC 2B.0714—Neuse Nutrient Strategy: Maintenance of Existing Riparian Buffer unless one of the following is obtained from the division:

(i)

Approval of the development activity from the division. This may include a permit or authorization certificates for an allowable use within the riparian buffer;

(ii)

An opinion from the division that vested rights have been established for the development activity;

(iii)

An on-site determination from the division that surface waters or coastal wetlands are not present; or

(iv)

A letter from the division documenting that a variance has been approved for the development activity.

(c)

Nitrogen loading rate targets.

(1)

The project shall meet a nitrogen stormwater loading rate target of 3.6 pounds per acre per year (lb/ac/yr), or meet "runoff volume match" as defined in 15A NCAC 02H.1002.

(2)

The project area used for nutrient calculation and stormwater requirements includes the site area less any existing built-upon area. The project density used for determining stormwater requirements is the amount of built-upon area subject to this ordinance at project completion divided by the project area.

(3)

The developer shall determine the nitrogen load and loading rate generated from the project area without engineered stormwater controls and determine the needed nitrogen load reduction to meet nutrient targets by using the approved accounting tool.

(d)

Nitrogen standard is supplemental. The nitrogen 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 02B.0714—0734 and .0295.

(e)

Built upon area standards.

(1)

Project density is used for determining stormwater requirements. The project area used for nutrient calculation and stormwater requirements includes the site area less any built-upon area. The project density is the amount of built-upon area subject to this ordinance at project completion divided by the project area. Project density shall be calculated according to 15A NCAC 2H.1003(1) and as indicated in the design manual.

(2)

A project is categorized as either high density or low density based on the percent built-upon area, and the density treatment threshold varies depending upon the project's location and proximity to SA waters, which are classified as tidal, salt waters with designated use of shellfishing (15A NCAC 02B.0221). SA waters are more sensitive and are subject to higher standards.

Receiving Water Low Density High Density Design Storm Special

Classification Projects Provisions

SA—Tidal Salt < 12% BUA > 12% BUA 1-year, 24-hr Max 25%

Waters ^* storm BUA within 575 ft

SA—HWQ of SA-ORW waters

SA—ORW

Other Coastal < 24% BUA > 24% BUA 1.5 inch storm None

County Waters

* Per state surface water classifications, all SA tidal salt waters are also high quality waters (HQW) by definition. A subset of SA waters are classified as outstanding resource waters (ORW)

(3)

The city is subject to the Coastal Counties Rule, as set forth in 15A NCAC 02H.1019. The coastal rule applies to projects that meet one of the following criteria:

(i)

Nonresidential projects that propose to cumulatively add 10,000 square feet or more of built-upon area; or

(ii)

Residential projects that are within ½ mile of and draining to SA waters, and propose to cumulatively add more than 10,000 square feet of built-upon area, and result in a percentage built-upon area greater than 12% (high-density).

(4)

All other projects not meeting the criteria in subsection (3) above will meet the minimum standards described in 15A NCAC 02H.1003.

(f)

Control and treatment of runoff volume.

(1)

The requirement for runoff volume match serves to control and treat the runoff volume generated from the built-upon area, and helps to maintain the predevelopment hydrology of the project site. Within the coastal counties, the definition of runoff volume match depends upon the project location:

(i)

For projects that drain to SA waters, runoff volume match means the annual runoff volume after development shall not be more than 5% higher than the annual runoff before development.

(ii)

For projects that drain to other coastal county waters, runoff volume match means the annual runoff volume after development shall not be more than 10% higher than the annual runoff before development.

(2)

Within the coastal counties, the design storm used to determine the runoff volume also depends upon the project location:

(i)

For projects that drain to SA waters, the design storm is the one-year, 24-hour storm.

(ii)

For projects that drain to other coastal county waters, the design storm depth is 1.5 inches.

(3)

Projects meeting the definition of runoff volume match do not need to further address nutrient export or treatment.

(4)

All projects shall meet the stormwater system minimum design requirements set forth in 15A NCAC 02H.1003. All engineered stormwater controls will meet the standards set in the design manual and the state's minimum design criteria, 15A NCAC 02H.1050 through .1062.

(5)

All project designs shall incorporate vegetated setbacks, dispersed flow, vegetated conveyances and curb outlet systems.

(6)

High-density projects shall be designed to control and treat the volume of runoff generated from all built-upon area in one or more primary SCMs, using the appropriate design storm based on the project location and receiving water. High-density projects that drain to SA waters are subject to more stringent standards as indicated in the design manual.

(7)

Low-density projects are not required to be equipped with engineered stormwater controls in exchange for limiting the built-upon area, maximizing dispersed flow and ensuring that stormwater conveyances are vegetated.

(g)

Methods to meet nutrient control requirements. Projects subject to this ordinance shall meet nitrogen loading targets through a combination of the following methods:

(1)

Projects may reduce export of nitrogen through any combination of engineered stormwater controls treating runoff on the site, in an approved offsite regional engineered stormwater control, or through the acquisition of permanent nutrient offset credits. The developer shall calculate the nitrogen reduction provided by these controls using the approved accounting tool.

(2)

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 (federal agency), may meet nitrogen reduction needs for the project entirely through the use of permanent nutrient offset credits pursuant to the Nutrient Offset Credit Trading Rule, 15A NCAC 02B.0703.

(h)

Use of permanent nutrient offset credits.

(1)

Sufficient permanent nutrient offset credits to meet project nutrient reduction needs not provided by engineered stormwater controls serving the project shall be acquired prior to approval of the development plan. The stormwater administrator shall issue an approval letter for the development that documents the needed nitrogen credits and where the development is located relative to the Neuse Watershed Rules' geographic requirements. All permanent nutrient offset credits permitted by this ordinance shall meet the requirements of 15A NCAC 02B.0703.

(2)

Permanent nutrient offset credits shall be acquired pursuant to G.S. 143-214.26 and 15A NCAC 02B.0703 prior to the start of construction of the project.

(3)

A developer subject to this ordinance may acquire permanent nutrient offset credits through one of the following methods:

i.

Through a private nutrient bank;

ii.

Through offsite offset provided by the developer and approved by the city;

iii.

Through payment into the Riparian Buffer Restoration Fund established in G.S. 143-214.21.

iv.

Excess permanent nutrient offset credits acquired beyond what is required for the development may not be applied to any other development.

(i)

Evaluation of standards for stormwater control measures.

(1)

Evaluation according to contents of design manual. All engineered stormwater controls and stormwater systems 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 engineered stormwater controls will be adequate to meet the requirements of this ordinance.

(2)

Determination of adequacy; presumptions and alternatives. Engineered stormwater controls that are designed, constructed, and maintained in accordance with the criteria and specifications in the design manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the 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.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

In the case of a request for a minor variance, the stormwater administrator 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.

(b)

The stormwater administrator may attach conditions to the minor variance approval that support the purpose of the local watershed protection ordinance.

(c)

Appeals from the stormwater administrator decision on a minor variance request are made on certiorari to the local superior court.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Function of engineered stormwater controls as intended. The owner of each engineered stormwater control installed pursuant to this ordinance shall ensure adequate maintenance 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 stormwater control was designed.

(b)

Annual maintenance inspection and report. The person responsible for maintenance of any engineered stormwater control installed pursuant to this ordinance shall submit to the stormwater administrator an inspection report from a qualified professional 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.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Operation and maintenance plan. There shall be an operation and maintenance plan ("O&M plan") for every engineered stormwater control. The O&M plan shall specify all operation and maintenance work necessary for the function of all engineered stormwater control components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point.

The O&M plan shall require the owner to maintain, repair and, if necessary, reconstruct the engineered stormwater controls, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater controls. The O&M plan shall specify methods to be used to maintain or restore the engineered stormwater controls to design specifications in the event of failure.

The O&M plan shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon request by the stormwater administrator.

(b)

Operation and maintenance agreement. Prior to the conveyance or transfer of any lot or building site to be served by engineered stormwater controls pursuant to this ordinance, and prior to issuance of any permit for development requiring engineered stormwater controls pursuant to this ordinance, the applicant or owner of the site must enter into an operation and maintenance agreement ("O&M agreement") with the stormwater administrator. The O&M agreement shall require the applicant or owner to maintain, repair, or reconstruct the engineered stormwater controls in accordance with the approved design plans and the O&M plan. The O&M agreement shall be binding on all subsequent owners of the site, 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 O&M agreement.

The O&M agreement shall grant to the city 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 stormwater control; however, in no case shall the right of entry, of itself, confer an obligation on the city to assume responsibility for the engineered stormwater controls.

The O&M agreement must be approved by the stormwater administrator prior to development plan approval, and it shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. A copy of the recorded O&M agreement shall be given to the stormwater administrator within fourteen (14) days following its recordation.

(c)

Special requirement for homeowners' and other associations. For all engineered stormwater controls required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required O&M agreement shall include all of the following provisions:

(1)

Acknowledgment that the association shall continuously operate and maintain the engineered stormwater controls according to the specifications laid out in the O&M plan.

(2)

Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the engineered stormwater controls. If engineered stormwater controls are not performing adequately or as intended or are not properly maintained, the city, in its sole discretion, may remedy the situation, and in such instances the city shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the engineered stormwater controls, provided that the city shall first consent to the expenditure.

(3)

Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the engineered stormwater controls. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the engineered stormwater controls. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

(4)

The percent of developer contribution and lengths of time to fund the escrow account may be varied by the city depending on the design and materials of the engineered stormwater controls.

(5)

Granting to the city a right of entry to inspect, monitor, maintain, repair, and reconstruct engineered stormwater controls.

(6)

Allowing the city to recover from the association and its members any and all costs the city expends to maintain or repair the engineered stormwater controls or to correct any operational deficiencies. Failure to pay the city all of its expended costs, after forty-five days' written notice, shall constitute a breach of the agreement. In case of a deficiency, the city shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.

(7)

A statement that this agreement shall not obligate the city to maintain or repair any engineered stormwater controls, and the city shall not be liable to any person for the condition or operation of engineered stormwater controls.

(8)

A statement that this agreement shall not in any way diminish, limit, or restrict the right of the city to enforce any of its ordinances as authorized by law.

(9)

A provision indemnifying and holding harmless the city for any costs and injuries arising from or related to the engineered stormwater controls, unless the city has agreed in writing to assume the maintenance responsibility for the engineered stormwater controls and has accepted dedication of any and all rights necessary to carry out that maintenance.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

The city 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.

(b)

Inspections and inspection programs by the city 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 the engineered stormwater controls; and evaluating the condition of engineered stormwater controls.

(c)

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.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Required. A performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement shall be required prior to issuance of a permit in order to ensure that the engineered stormwater controls are:

(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 engineered stormwater controls approved under the permit, plus twenty-five percent (25%).

(2)

Maintenance. The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the engineered stormwater controls approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

(c)

Uses of performance security.

(1)

Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this ordinance, approvals issued pursuant to this ordinance, or an O&M agreement established pursuant to this ordinance.

(2)

Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any engineered stormwater control in accordance with the applicable permit or O&M 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 O&M agreement. In the event of a default triggering the use of installation performance security, the city 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 takes action upon such failure by the applicant or owner, the city 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)

Refund. Within sixty (60) 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 engineered stormwater controls 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.

(Ord. No. 24-020, § 1, 6-11-24)

The applicable O&M agreement 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 O&M agreement 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.

(Ord. No. 24-020, § 1, 6-11-24)

The owner of each engineered stormwater control shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the stormwater administrator.

(Ord. No. 24-020, § 1, 6-11-24)

The owner of each engineered stormwater control, whether engineered stormwater control or non-engineered stormwater control, shall maintain it so as not to create or result in a nuisance condition.

(Ord. No. 24-020, § 1, 6-11-24)

Every engineered stormwater control and its associated maintenance accesses on privately owned land, except for those located on single family residential lots, installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by a permanent maintenance easement from a public right-of-way. The easement shall be recorded at the expense of the applicant, and its terms shall specify who may make use of the easement and for what purposes. The engineered stormwater control will be shown and labeled within the easement.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Authority to enforce. The provisions of this ordinance shall be enforced by the stormwater administrator, his or her designee, or any authorized agent of the city.

(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 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, SCM, 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 other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For purposes of this division, responsible person(s) shall include but not be limited to:

(1)

Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists.

(2)

Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use or development of the property.

(Ord. No. 24-020, § 1, 6-11-24)

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)

Injunction, abatements, etc. The stormwater administrator, with the written authorization of the 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. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the state statutes or at common law.

(2)

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 G.S. 160A-193, the stormwater administrator, with the written authorization of the city manager, may cause the violation to be corrected and the costs to be assessed as a lien against the property.

(3)

Stop work order. The stormwater administrator may issue a stop work order to the person(s) violating this ordinance. A copy of the order shall be delivered to the holder of the development permit and to the owner of the property involved (if that person is not the holder of the development permit) by personal delivery, electronic delivery, or first-class mail. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations.

(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.

(Ord. No. 24-020, § 1, 6-11-24)

(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 and the holder of the development permit 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.

(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 fourteen (14) days. The stormwater administrator may grant a seven-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this ordinance. The stormwater administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.

(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. 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 ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

It shall be unlawful for any person to empty or deposit in any stormwater system, or into any stream or other natural waterway, any substance which:

(1)

Is or may become a public health hazard endangering human or animal health;

(2)

Is a nuisance, including substances which are unsightly or malodorous or may become so;

(3)

Interferes or may interfere with free flow of surface water;

(4)

Is inflammable or explosive;

(5)

Is toxic to plant or animal life;

(6)

Is corrosive or has properties which may damage or render unsightly the stormwater system or natural waterway; or

(7)

Affects adversely the state classification of the stream or other waterbody into which the stormwater system discharges.

It shall be unlawful for any person to construct, maintain or use any connection to a stormwater system or to a stream or other natural waterway which provides for an illegal discharge as described above or for any other discharge of non-stormwater to that stormwater system or waterway.

No person shall discharge or cause to be discharged into the municipal stormwater system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater.

The commencement, conduct or continuance of any illegal discharge to the stormwater system is prohibited except as described as follows:

a.

Discharges from the following activities will not be considered a source of pollutants to the stormwater system and to waters of the U.S. when properly managed to ensure that no potential pollutants are present, and therefore they shall not be considered illegal discharges unless determined to cause a violation of the provisions of this ordinance: potable water line flushing; uncontaminated pumped groundwater and other discharges from potable water sources; landscape irrigation and lawn watering; diverted stream flows; rising groundwater; groundwater infiltration to the stormwater system; uncontaminated foundation and footing drains; uncontaminated water from crawl space pumps; air conditioning condensation; uncontaminated non-industrial roof drains; wash water from the cleaning of the exterior of buildings, including gutters, provided that the discharge does not pose an environmental or health threat; springs; individual residential and occasional non-commercial car washing; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; street wash waters; and flows from fire fighting.

b.

The prohibition shall not apply to any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the state under the authority of the federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the stormwater administrator for any discharge to the stormwater system.

c.

With written concurrence of the department, the stormwater administrator may exempt in writing other non-stormwater discharges which are not a source of pollutants to the stormwater system nor waters of the U.S.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

The construction, use, maintenance or continued existence of illicit connections to the stormwater system is prohibited.

(b)

This prohibition expressly includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(Ord. No. 24-020, § 1, 6-11-24)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the stormwater system, or water of the U.S., any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purposes of collection are exempted from this prohibition.

(Ord. No. 24-020, § 1, 6-11-24)

Any person subject to an industrial or construction activity NPDES stormwater 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 stormwater administrator prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

Authorization to adopt and impose best management practices. The city will adopt requirements identifying best management practices for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the stormwater system, or waters of the U.S. as a part of the design manual. Where best management practices requirements are promulgated by the city or any federal, State of North Carolina, or regional agency for any activity, operation, or facility which would otherwise cause the discharge of pollutants to the stormwater system or water of the U.S., every person undertaking such activity or operation, or owning or operating such facility shall comply with such requirements. The stormwater administrator will report to the city board of aldermen annually on the status of implementation of BMPs, the pollutants of concern to be addressed the next year, and any new BMPs to be developed. BMPs developed under this program will be included in the design manual.

(b)

Development. The city may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of stormwater runoff from development as may be appropriate to minimize the generation, transport and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this article.

(c)

Responsibility to implement best management practices. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections (a) and (b), any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the stormwater system, or waters of the U.S. shall implement best management practices to the extent they are practicable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal stormwater system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner or operator's expense. Best management practices required and encouraged by the city can be obtained from the stormwater administrator by requesting a copy of the design manual.

(Ord. No. 24-020, § 1, 6-11-24)

Notwithstanding the requirements of division, the stormwater administrator may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.

(Ord. No. 24-020, § 1, 6-11-24)

(a)

The stormwater administrator may require by written notice that a person responsible for an illicit connection to the stormwater system comply with the requirements of this article to eliminate, or secure approval for, the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance from which this article derives.

(b)

If, subsequent to eliminating a connection found to be in violation of this ordinance, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request the stormwater administrator's approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense.

(Ord. No. 24-020, § 1, 6-11-24)

Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property.

(Ord. No. 24-020, § 1, 6-11-24)

Whenever the stormwater administrator finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the stormwater system, or water of the U.S., the stormwater administrator may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of section 15-528.

(Ord. No. 24-020, § 1, 6-11-24)

The stormwater administrator may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the stormwater system or waters of the U.S., to undertake at said person's expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this ordinance.

(Ord. No. 24-020, § 1, 6-11-24)

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the stormwater system, or water of the U.S. from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of a hazardous material said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the stormwater administrator in person or by phone or facsimile as soon as reasonably possible and not later than 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the stormwater administrator's office within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. No. 24-020, § 1, 6-11-24)