This Article may be cited as the Town of Pine Knoll Shores Stormwater Ordinance.

This Article is adopted for the purposes of:

(A)

The stormwater management regulations of this Article shall protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of stormwater runoff associated with new development or redevelopment of property, primarily to manage the quantity of stormwater flowing off property as a result of impervious surface on the property or change of topography. Proper management of stormwater runoff will protect property, control stream channel erosion, prevent increased flooding associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the Town's natural resources;

(B)

Facilitate public understanding of stormwater management principles including the preservation of water quality through proactive stormwater management practices;

(C)

Establish public awareness of potential surface and subsurface water drainage problems recognizing that development potential of some land may be limited; and

(D)

Establishing procedures through which these purposes can be fulfilled consistent with applicable State Department of Environmental Quality (DEQ) regulations (NCAC T15:02H.1000 inclusive).

(1)

This Article applies to all Development except as specifically exempted.

(2)

An owner proposing Development must submit to the Town a Stormwater Plan and an application for a Stormwater Permit.

(3)

A Stormwater Permit issued by the Planning Administrator is required for Development before a building permit or zoning permit is issued for work for a land use authorized by such permits and before any Development begins.

(4)

The Planning Administrator will provide a stormwater application form to applicants.

Development exempted from this Article's requirement for a Stormwater Plan or Permit are the following:

(A)

Development which adds less than 100 square feet of impervious coverage which is compliant with lot impervious coverage limitations.

(1)

State stormwater regulations largely address the quality of water discharged from development that drains into state waters.

(2)

This Article principally addresses managing the amount of stormwater discharged off-site to adjacent and other properties or streets.

(3)

Requirements for a state stormwater permit may restrict certain practices approved under the standards of this article. For this reason, property owners developing under a state stormwater permit may apply for a waiver of town stormwater requirements. The applicant must provide information showing that adhering to both standards would restrict reasonable use of their property and that the development would not violate the common law standards outlined in 19.6 of this article.

If any provision of this Article is inconsistent with the principles of common law drainage, the following will apply:

(A)

The provisions hereof supersede the common law with respect to the specific requirements.

(B)

Nothing in this Article authorizes (i) the discharge of more stormwater from higher properties to lower properties than permitted by common law, (ii) a change in the location of such discharge permitted by common law except when there is no negative impact on other properties or streets, or the velocity of the water discharged permitted by common law, (iii) the obstruction of natural drainage courses except through adequate drainage pipes or ditches.

(C)

The Article does not preclude any property owner from pursuing damages and injunctive relief against other owners, even owners with a Stormwater Permit, who discharge water in violation of common law drainage principles and cause damage.

All Stormwater Management Plans must include, and/or adhere to, the following:

(A)

The Plan must be prepared by a North Carolina licensed professional authorized to prepare stormwater plans for stormwater management systems and bear his seal.

(B)

The name, address, email address, and telephone number of the owner of the site proposed for Development and the developer (if different).

(C)

The legal description of the property.

(D)

A site plan for the site including its location with reference to such landmarks as major waterbodies, adjoining roads and subdivisions.

(E)

The existing environmental and hydrologic conditions of the site described in detail, including the following:

(1)

The location of areas on the site where stormwater collects or percolates into the ground including the locations of any interdunal troughs;

(2)

Seasonal water table levels;

(3)

Locations of floodplains;

(4)

Topography.

(F)

Proposed alterations of the site shall be described in detail, including:

(1)

Changes in topography;

(2)

Areas where vegetation will be cleared or otherwise killed;

(3)

Areas that will be covered with an impervious surface and a description of the surfacing material;

(4)

The size and location of any buildings or other structures.

(G)

All components of the drainage system and any measures for the detention, retention or infiltration of water or for the protection of water quality shall be described in detail, including:

(1)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of water quality in those areas;

(2)

Areas of the site to be used or reserved for percolation;

(3)

A plan for the control of erosion and sedimentation, location of control measures, the stage of development/redevelopment which describes in detail the type and at which time they will be put into place or used, and provisions for their maintenance;

(4)

The direction of the flow of water off-site once the required retention rate is exceeded.

(H)

Be prepared in accordance with one of the designs in the Manual of Stormwater Management Practices referenced in Section 19.14, statement from a North Carolina licensed professional authorized to prepare stormwater plans that the stormwater management system, if constructed as designed, will retain and infiltrate the requisite volume of stormwater runoff, and any grade elevation changes or construction of impervious surface on the site will neither increase the rate of flow nor the volume of water discharged to other properties or the streets.

In addition to the information required in all Stormwater Management Plans in 19.7-1, for Development that requires a Major Landscape Permit, the Plan shall also include:

(A)

The existing environmental and hydrologic conditions of the receiving lands, wetlands or waters.

(B)

The direction, flow rate and volume of stormwater runoff under existing conditions and, to the extent practicable, predevelopment conditions.

(C)

A description of all watercourses, waterbodies and wetlands on or adjacent to the site or into which stormwater flows. Information regarding their water quality and the current water quality classification, if any, given them by the state division of environmental management (NCDEM) shall be included.

(D)

Groundwater levels, including seasonal fluctuations.

(E)

Locations of floodplains.

(F)

Vegetation.

(G)

Soils, as delineated and described in the Soil Conservation Service Publication, Soil Survey of Carteret County, North Carolina or Soil Survey of the North Carolina Outer Banks.

(H)

The size and location of any buildings or other structures.

(I)

Predicted impacts of the proposed development on existing conditions to include:

(1)

Changes in water quality;

(2)

Changes in groundwater levels;

(3)

Changes in the incidence and duration of flooding on the site and upstream and downstream from it;

(4)

Impacts on interdunal troughs, if any;

(5)

Impacts on wetlands, if any;

(6)

Impacts on vegetation.

(J)

All components of the drainage system and any measures for the detention, retention or infiltration of water or for the protection of water quality shall be described in detail, including:

(1)

The channel, direction, flow rate, volume and quality of stormwater that will be conveyed from the site with a comparison to existing conditions and, to the extent practicable, predevelopment/redevelopment conditions;

(2)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of water quality in those areas;

(3)

Areas of the site to be used or reserved for percolation, including a prediction of the impact on groundwater quality;

(4)

A plan for the control of erosion and sedimentation, location of control measures, the stage of development/redevelopment which describes in detail the type and at which time they will be put into place or used, and provisions for their maintenance;

It is the responsibility of an applicant to include in the Stormwater Management Plan sufficient information for the Town to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on area surface waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The Stormwater Management Plan may contain maps, charts, graphs, tables, photographs, narrative descriptions and explanations and citations to supporting references, as appropriate, to communicate the information required by this section.

The Planning Administrator may require additional information on the Plan if he believes additional information is reasonably necessary for an evaluation of the development/redevelopment proposal for compliance with this Article.

Stormwater management plans must demonstrate that the proposed development or activity has been planned and designed and will be constructed and maintained to meet each of the following standards:

(1)

Ensure that, after development or redevelopment, runoff from the site approximates the rate of flow, volume and timing of runoff that would have occurred following the same rainfall under existing conditions and to the extent practicable, of predevelopment conditions, unless runoff is discharged into an off-site drainage facility as provided in section 19.10;

(2)

Maintain the natural hydrodynamic characteristics of the watershed;

(3)

Protect or restore the quality of ground surface waters;

(4)

Ensure that erosion during and after development or redevelopment is minimized;

(5)

Protect groundwater levels;

(6)

Protect the beneficial functioning of wetlands as areas for the natural storage of surface waters and the chemical reduction and assimilation of pollutants;

(7)

Prevent increased flooding and damage that results from improper location, construction and design of structures in areas which are presently subject to an unacceptable danger of flooding;

(8)

Prevent or reverse salt water intrusion;

(9)

Protect the natural fluctuating levels of salinity in estuarine areas;

(10)

Protect, insofar as possible, the integrity of natural interdunal trough groundwater recharge areas;

(11)

Minimize injury to flora and fauna and adverse impacts to fish and wildlife habitat;

(12)

Maintain the integrity of the right-of-way of all roads. To the extent that the driveway will not maintain any grade that will drain toward the driveway, toward the roadway, in both development and redevelopment;

(13)

Otherwise further the objectives of this Article.

To ensure attainment of the objectives of this Article and to ensure that performance standards will be met, the design, construction and maintenance of stormwater management systems shall be consistent with the following standards:

(1)

Channeling runoff directly into waterbodies shall be strictly prohibited. Instead, runoff shall be routed through swales and other systems designed to increase time of concentration, decrease velocity, increase infiltration, allow suspended solids to settle and remove pollutants.

(2)

The area of land disturbed by development shall be as small as practicable. Those areas which are not to be disturbed shall be protected by an adequate barrier from construction activity. Whenever possible, natural vegetation shall be retained and protected. Where this is not possible, suitable nature species shall be planted.

(3)

No grading, cutting or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and waterbodies, watercourses and wetlands.

(4)

Land which has been cleared for development/redevelopment and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to revegetate the area (seeding, etc.).

(5)

Sediment shall be retained on the site of the development.

(6)

Wetlands and other waterbodies shall not be used as sediment traps during development/redevelopment.

(7)

Erosion and sedimentation facilities shall receive regular maintenance to ensure that they continue to function properly.

(8)

Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is low enough to prevent erosion.

(9)

Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, waterbodies or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the waterbody and allow for periodic flooding without damage to structures.

(10)

Intermittent watercourses, such as swales, should be vegetated.

(11)

Retention and detention ponds shall be used to retain and detain the increased and accelerated runoff which the development/redevelopment generates. Water shall be released from detention ponds into watercourses or wetlands at a rate and in a manner approximating the natural flow which would have occurred before development.

(12)

Although the use of wetlands for storing and purifying water is encouraged, care must be taken not to overload their capacity, thereby harming the wetlands and transitional vegetation. Wetlands should not be damaged by the construction of detention ponds.

(13)

The first two inches of rainwater within a one-year 24-hour Storm from impervious surfaces shall be retained and infiltrated on the site of the development.

(14)

Runoff from parking lots shall be treated to remove oil and sediment before it enters receiving waters.

(15)

Detention and retention areas shall be designed so that shorelines are sinuous rather than straight and so that length of shoreline is maximized, thus offering more space for the growth of littoral vegetation.

(16)

The banks of detention and retention areas shall slope at a gentle grade into the water as a safeguard against drowning, personal injury or other accidents, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore as water levels periodically rise and fall.

(17)

The multiple use of drainage facilities and vegetated buffer zones as open space, recreation and conservation areas shall be encouraged.

(18)

It is not necessary to control stormwater runoff from the liquid surface of swimming pools.

(1)

The town may allow stormwater runoff that is otherwise of unacceptable quality or which would be discharged in volumes or at rates in excess of those otherwise allowed by this Article, to be discharged into drainage facilities off the site of development or redevelopment if each of the following conditions is met:

(A)

It is not practicable to completely manage runoff on the site in a manner that meets the performance standards and design standards;

(B)

The off-site drainage facilities and channels leading to them are designed, constructed and maintained in accordance with the requirements of this chapter;

(C)

Adverse environmental impacts on the site of development/redevelopment will be minimized.

(2)

A request to use off-site drainage facilities and all information related to the proposed off-site facilities should be made a part of the developer's stormwater management plan. Guidelines for the consideration of off-site facility use are (or will be defined) in the manual of stormwater management practices.

(1)

All applications for a Single-Family Landscape Permit must be accompanied by a Stormwater Management Plan.

(2)

The Stormwater Management Plan must provide for the infiltration on-site of the first two inches of rainfall or less in a one-year 24-hour Storm from all existing and proposed impervious surfaces.

(3)

The Stormwater Management Plan must demonstrate that stormwater in excess of the on-site retainage amount will flow off-site according to either its natural means or in ways to reduce negative impacts on other properties or streets.

(4)

Flow from gutters and downspouts must be diverted to dry wells or porous drainpipes in rock envelope. For structures without gutters and downspouts, gravel infiltration beds, or other approved methods under roof overhangs may be provided.

(5)

The Planning Administrator shall issue a Stormwater Permit for Single-Family Development if all criteria of this Article are met.

Development on all lands including subdivisions except on a Single-Family residential lot.

(1)

A Stormwater Management Plan under this Article is required for all Development that requires a Major Landscape Permit. The Stormwater Management Plan and an application for Stormwater Management Permit must be filed at the same time as the application for the Major Landscape Permit.

(2)

The Stormwater Management Plan must provide for the infiltration or retention of the first two inches of rainfall or less in a one-year 24-hour Storm from all impervious surfaces on-site.

(3)

The Stormwater Management Plan must describe how flow from gutters and downspouts will be managed. Flow from gutters and downspouts may be diverted to dry wells or porous drainpipes in rock envelope.

(4)

For structures without gutters and downspouts, gravel infiltration beds under roof overhangs may be provided.

(5)

The Planning Administrator is not authorized to issue a waiver of a Stormwater Management Plan for Development that requires a Major Landscape Permit.

(6)

The Planning Board will review and give comment to the Board of Commissioners on the adequacy of the Stormwater Management Plan for Development that requires a Major Landscape Permit.

(7)

The Board of Commissioners will determine the adequacy of the Stormwater Management Plan for Development that requires a Major Landscape Permit.

(1)

Notwithstanding Section 19.9, proposed Development that qualifies for a Minor Landscape Permit is exempt from the requirement for a Stormwater Management Plan and Permit, unless the Planning Administrator determines the proposed work may have negative drainage impact on adjacent properties or streets.

(2)

In determining whether the exemption applies, the Planning Administrator shall use the criteria set forth in 19.11-5.

(3)

If the Planning Administrator determines that the exemption does not apply, he will decide whether a Stormwater Management Plan must be submitted:

(A)

Under the requirements for Single-Family Development, or

(B)

Under the requirements for Single-Family Development,

and direct the applicant to file the appropriate Plan.

(1)

The town adopts by reference the following published manuals of stormwater management practices for the guidance of persons preparing stormwater management plans, and designing or operating drainage systems:

(A)

Standards and Specifications for Infiltration Practices (February 1984).

(B)

Inspector's Guidelines Manual for Stormwater Management Infiltration Practices (December 1985) as published by the Maryland Department of Natural Resources, Water Resources Administration, Sediment and Stormwater Division, Tawes State Office Building, Annapolis, Maryland 21401.

(C)

Maryland Stormwater Design Manual, Volumes I and II, (2000), as published by the Maryland Department of the Environment, Water Management Administration, 2500 Broening Highway, Baltimore, MD, 21224.

(D)

NCDENR Stormwater Best Management Practices (April, 1999), as published by the NC Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section, 512 N. Salisbury Street, Raleigh, NC 27699.

(2)

These manuals shall be replaced with updated versions periodically to reflect the most current and effective practices and shall be made available to the public at the Town Hall during normal business hours.

(3)

The manuals include guidance and specifications for the preparation of stormwater management plans. Acceptable techniques for obtaining, calculating and presenting the information required in the stormwater management plans are described.

(4)

The manuals include guidance in the selection of environmentally sound practices for the management of stormwater and the control of erosion and sediment. Specific techniques and practices are described in detail. The development and use of techniques which emphasize the use of natural systems are encouraged.

(5)

The manuals also establish minimum specifications for the construction of drainage facilities. Any alternative construction specifications proposed shall be established in accordance with current engineering practices.

(6)

The Planning Administrator will be the official custodian of these manuals and shall present subsequent revisions of them to the Town Board and Planning Board for review and approval before same shall be incorporated into the manuals.

(1)

No stormwater management plan may be approved without adequate provision for inspection of the property before development/redevelopment activity commences. The applicant shall arrange with the town's Planning Administrator the following inspections:

(A)

Initial inspection. Prior to approval of the stormwater management plan;

(B)

Bury inspection. Prior to burial of any underground drainage structure;

(C)

Erosion control inspection. As necessary to ensure effective control of erosion and sedimentation;

(D)

Finish inspection. When all work including installation of all drainage facilities has been completed.

(2)

The Planning Administrator shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved Stormwater Management Plan. Any portion of the work which does not comply shall be promptly corrected by the applicant, and all Building Permits, Certificates of Occupancy or Completion, shall be withheld until the work is corrected and/or the applicant will be subject to the penalty provisions of Section 19.19.

(1)

Stormwater Management Systems ("Systems") consistent with the Stormwater Management Plan approved by the Town must be installed before any certificate of occupancy or certificate of compliance is issued by the town, or a final subdivision plat is approved for recording.

(2)

The Planning Administrator shall inspect the installation and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved Stormwater Management Plan. Any portion of the work which does not comply shall be promptly corrected by the applicant or the applicant will be subject to the penalty provisions of Section 19.19.

(3)

Systems must be maintained in a good working condition by the owner of the property the System serves. For subdivisions, once responsibility for operation and maintenance of common facilities is transferred to an owners' association, the association shall have the duty to operate and maintain the system. Until that time, the developer has such legal duty.

(4)

Systems maintained by the owner shall permit Town officials to inspect and, if necessary, to order corrective action should the owner or association fail to properly operate or maintain the system. The Planning Administrator shall give the owner or owners' association written notice of the nature of the existing defects and order correction. If the owner or owners' association fails within 30 days from the date of notice to commence corrective action or to appeal the matter to the board of adjustment, the Town may take necessary corrective action itself, the cost of which shall become a lien on the real property until paid.

(5)

If a System is permitted to connect to a drainage facility installed and maintained by the Town, the Town and the owner of the property shall mutually determine the terms of connection.

(6)

Approved Systems for subdivisions must be recorded with the Carteret County Register of Deeds in such form as the Town Reasonably requires.

(A)

Within 30 days after receipt of the completed Stormwater Management Plan for Single-Family Development, the Planning Administrator shall either approve or reject the Plan.

(B)

If he fails to act within such 30 day period, it shall be deemed that he denied the Plan.

(C)

Planning Administrator is authorized to attach conditions to his approval.

(D)

He shall file his decision with the town clerk, and shall notify the applicant accordingly.

(E)

All Planning Administrator's determinations in this Article are administrative decisions under Chapter 160D of the General Statutes and may be appealed to the Board of Adjustment.

(A)

For Development that requires a Major Landscape Permit, the Planning Board will review and comment on the proposed Stormwater Management Plan.

(B)

Such review and comment will take place within 60 days after the Plan is filed with the Town.

(C)

The comments will be transmitted to the Board of Commissioners.

(D)

The Planning Board's review is advisory only and not an administrative decision.

(A)

Within 90 days of filing with the Town, the Board of Commissioners will review and approve or disapprove the proposed Stormwater Management Plan for Development that requires a Major Landscape Permit.

(B)

This review will be in conjunction with all other plans for the proposed Development.

(C)

The Board of Commissioner's review will be by quasi-judicial hearing pursuant to G.S. 160D-406.

(1)

The Board will determine if the proposed plan meets the standards and requirements of this Article.

(2)

Such determination will be set forth in a written order.

(D)

The Board of Commissioner's decision may be appealed to Carteret County Superior Court in the nature of certiorari pursuant to G.S. 160D-1402.

While it is not customary for the Planning Administrator or Planning Board to design an acceptable project for an applicant, the Planning Administrator and Planning Board are encouraged to do all they can to work with the applicant to achieve an acceptable project plan in harmony with this Article.

The Board of Adjustment, in cases involving Development on a lot for a Single-Family home, and the Board of Commissioners in all other cases, may grant a written variance from any requirement of this Article in accordance with the criteria listed below:

(A)

There are special circumstances applicable to the subject property that make strict compliance with this Article an extreme, or impossible, hardship;

(B)

Granting of the variance will not:

(1)

Increase the rate or volume of surface water runoff;

(2)

Have an adverse impact on an interdunal trough, wetland, watercourse or waterbody;

(3)

Contribute to the degradation of water quality;

(4)

Otherwise impair attainment of the objectives of this section, to wit:

a.

Reducing ponding on streets;

b.

Reducing ponding on developed private property or property suitable for development;

c.

Reduce failure of septic systems;

d.

Encourage productive and enjoyable harmony between humanity and nature;

e.

Protect, restore and maintain the chemical, physical and biological integrity of the waters of Bogue Sound, the canal system within the corporate limits and the Atlantic Ocean;

f.

Prevent harm to the community by activities which adversely affect water resources;

g.

Encourage the construction of drainage systems which aesthetically and functionally approximate natural systems;

h.

Encourage the protection of natural systems and the use of them in ways which do not impair their beneficial functioning;

i.

Encourage the use of drainage systems which minimize the consumption of electrical energy or petroleum fuels to move water, remove pollutants, or maintain the systems;

j.

Minimize the transport of pollutants to land or surface waters;

k.

Maintain or restore groundwater levels;

l.

Protect, maintain or restore natural salinity levels in estuarine areas;

m.

Minimize erosion and sedimentation;

n.

Prevent damage to wetlands and, insofar as possible, to the local natural recharge areas such as interdunal troughs;

o.

Prevent damage from flooding, while recognizing that natural fluctuations in water level are beneficial;

p.

Protect, restore and maintain the habitat of fish and wildlife;

q.

Prevent or reverse salt water intrusion.

(C)

A written request for variance is provided stating specific variances sought and reasons for their granting.

(D)

A variance from the terms of this Article shall not be granted by the Board of Adjustment, or the Board of Commissioners, unless, and until it holds a quasi-judicial hearing, and makes these findings:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

(2)

That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Article;

(3)

That the special conditions and circumstances do not result from the actions of the applicant;

(4)

That the hardship is of a physical nature and not economic;

(5)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this Article to other land, structures or buildings in the same district.

(E)

Additionally, the granting of the variance will not:

(1)

Increase the rate or volume of surface water runoff;

(2)

Have an adverse impact on an interdunal trough, basins, wetland, watercourse or waterbody;

(3)

Contribute to the degradation of water quality;

(4)

Otherwise impair attainment of the objectives of this Article.

(F)

In granting any variance, the Board of Adjustment, or Board of Commissioners, may prescribe appropriate conditions and safeguards in conformity with this chapter.

Any person with standing aggrieved by a decision under this Article of the Board or Adjustment or Board of Commissioners following a quasi-judicial hearing may appeal in the nature of a certiorari to the Carteret County Superior Court pursuant to Chapter 160D of the General Statutes.

The Board of Commissioners shall establish permit application and review fees.

This section, and its subsections, provide specific civil penalties for violations of provisions of this Article, as well as procedures for assessing civil penalties, and other remedies and enforcement methods. The specifics of this Article shall supersede any contrary provision in Article 23; however, provisions of Article 23 will apply in cases where this Article does not contain a specific penalty, remedy or procedure.

The penalties and remedial measures for violation of this Article are:

(A)

(For Violations Relating to Development Requiring a Major Landscape Permit.) The civil penalty for Development without an approved Stormwater Plan and Stormwater Permit required by 19.3-2 and in other provisions of this Article for Development requiring a Major Landscape Permit is five thousand dollars ($5,000.00).

(B)

(For Violations Relating to Development Requiring a Single-Family Landscape Permit.) The civil penalty for Development without an approved Stormwater Plan and Stormwater Permit required by 19.3-2 and in other provisions of this Article for Development requiring a Single-Family Landscape Permit is five hundred dollars ($500.00).

(C)

(Continuing Violation.) Each day of Development without a required Stormwater Permit is a separate violation.

The Planning Administrator, with the written consent of the Town Manager, shall have the authority to remit a portion of any civil penalty assessed in this Article. In determining whether to remit, the Planning Administrator will consider the following factors:

(A)

Whether the activity in violation of this Article was intentional or accidental.

(B)

The extent of the violation.

(C)

The cost of correcting the violation.

(D)

The harm to the public policy expressed in this Article.

(E)

The harm to the environment.

(F)

The harm to adjacent property.

(G)

The time consumed by staff in addressing the violation.

(H)

The cumulative amounts of civil penalties provided for all violations of this Ordinance by the Development.

(I)

Other factors the Planning Administrator deems to have a bearing on the matter.

All determinations of the Planning Administrator made under this Article, including violations, assessment of civil penalty, remedial orders, and remission of any portion of a civil penalty, are "administrative decisions" under Chapter 160D of the General Statutes and are subject to appeal to the Board of Adjustment by aggrieved persons with standing pursuant to G.S. 160D-405.

Upon receipt of an appeal under 19.19-3, the Board of Adjustment will hold a quasi-judicial hearing on the appeal. The Board of Adjustment has the authority to affirm, modify, or reverse the Planning Administrator's administrative decision, and the Board of Adjustment shall also have the authority to remand the matter to the Planning Administrator for additional administrative proceedings.

Decisions of the Board of Adjustment may be appealed to Carteret County Superior Court according to G.S. 160D-406(k) and G.S. 160D-1402 by any aggrieved party with standing.

Civil penalties shall be recovered by the Town in a civil action filed in the appropriate division of the General Court of Justice in Carteret County.