Statesville City Zoning Code

It shall be the duty of the public works director and the stormwater program manager, or their authorized representative, to supervise all work upon the stormwater conduits, structures, basins, and channels belonging to the city which are now or may be established. They shall report from time to time to the city council as directed on the condition of the stormwater conduits, structures, basins, and channels belonging to the city and, generally, keep the stormwater infrastructure of the city free from obstructions and in a state of good repair.

(Ord. No. 17-20, 8-3-2020)

(a)

Authority. The city council of the City of Statesville, further referred to herein as "the city," is authorized to adopt this section pursuant to North Carolina law, including, but not limited to, Article 14, Section 5 of the Constitution of North Carolina; G.S. 143-214.7 and rules promulgated by the environmental management commission thereunder; Session Law 2004-163, G.S. 160A-174 and 160A-185.

(b)

Findings. It is hereby determined that:

(1)

Pollutants allowed to enter streams and lakes are harmful to public health and safety as well as to the natural environment.

(2)

Further, the Federal Water Pollution Control Act of 1972 ("Clean Water Act") and Federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to Federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this section.

(3)

Therefore, the Statesville City Council establishes this set of water quality regulations to meet the requirements of state and federal law regarding non-stormwater discharges to the storm drainage system.

(c)

Purpose. The purpose of this article is to provide for the health, safety, and general welfare for the citizens of the City of Statesville through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the city's National Pollutant Discharge Elimination System (NPDES) permit. The objectives of this article are:

(1)

To enforce the city's stormwater management program;

(2)

To reduce or prevent pollutants in the MS4 to the maximum extent practicable;

(3)

To prohibit illicit connections and discharges to the MS4;

(4)

To prevent improper disposal of materials that degrade water quality; and

(5)

To authorize all inspections, surveillance and monitoring procedures necessary to ensure compliance with this article.

(d)

Definitions. For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.

(2)

Construction activity means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one (1) acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating, and demolition.

(3)

Facility means any land use including, but not limited to: commercial, industrial, and residential land uses, and any other source including, but not limited to: motor vehicles and rolling stock that directly or indirectly contribute, cause, or permit the contribution of any discharge, illicit or otherwise, to the MS4.

(4)

Hazardous materials means 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.

(5)

Illegal or illicit discharge means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted elsewhere in this article.

(6)

Illicit connections means either of the following:

a.

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

b.

Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

(7)

Industrial activity means activities subject to NPDES industrial stormwater permits as defined in 40 CFR, § 122.26 (b)(14).

(8)

Municipal Separate Storm Sewer System (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by the City of Statesville and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.

(9)

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

(10)

Non-commercial car washing means any occasional automotive washing performed by individuals or groups without charging any fee or in exchange for a charitable donation. This shall include, but is not limited to, car washes performed by local church groups, school groups, athletic teams, youth organizations, and individuals at their place of residence.

(11)

Non-stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.

(12)

Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent.

(13)

Pollutant means 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 wastes, solid wastes, animal wastes, and yard wastes (including grass clippings and leaves); refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage (including flushing of sanitary sewer lines and equipment), fecal coliform, and pathogens; dissolved and particulate metals; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

(14)

Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

(15)

Storm drainage system means facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

(16)

Stormwater means any surface flow, runoff, and/or drainage occurring during or following any form of natural precipitation and resulting from such precipitation.

(17)

Stormwater Control Measures (SCMs). There are two (2) major categories of SCMs: structural and non-structural.

a.

Structural SCMs refer to physical structures designed to remove pollutants from stormwater runoff, reduce downstream erosion, provide flood control, and/or promote groundwater recharge. Structural SCMs may be mandated as a condition of site development.

b.

Non-structural SCMs are typically passive or programmatic and tend to be source control or pollution prevention measures that reduce pollution in runoff by reducing the opportunity for stormwater runoff to be exposed to pollutants. Non-structural SCMs are encouraged on all properties and should be implemented wherever feasible, however non-structural SCMs are typically not mandated as a condition of site development.

(18)

Stormwater conveyance system means a network of linear and point structures designed to collect, receive, convey, and otherwise manage the controlled movement of stormwater runoff on and from the development site. The stormwater conveyance system can consist of numerous types of manmade structures and devices and natural conveyances including, but not limited to, swales, ditches, channels, pipes, culverts, tiles, curb inlets, yard inlets, drop inlets, junction boxes, manholes, outfalls, and the like.

(19)

Stormwater management plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

(20)

Stormwater management system means all conveyances and structures (SCMs) that are constructed on a development site for the purposes of managing stormwater runoff by collecting, conveying, controlling, storing, detaining, retaining, infiltrating, filtering, and otherwise mitigating the negative impacts that stormwater has on the natural environment.

(21)

Stormwater program manager means the city employee hired by the city manager to manage the city's stormwater programs.

(22)

Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(e)

Jurisdiction and scope of authority. The Illicit Discharge and Illicit Connection Ordinance codified in this article, hereinafter the article, shall apply to all facilities within the city limits. All persons whose facility is subject to this article, regardless of whether the facility is managed or operated by another person, shall comply with this article as well as any permits, enforcement actions or orders issued hereunder. The stormwater program manager shall administer, implement, and enforce the provisions of this article. Any powers granted or imposed on the Stormwater Program Manager may be delegated by the stormwater program manager to other designated personnel as may be necessary. Nothing in this article shall be interpreted to impose an obligation on the city to construct, maintain, repair or operate a storm drainage system, or any part thereof, located on another person's property.

(f)

Abrogation. This article is not intended to repeal, abrogate, annul, impair, or interfere with any existing agreements, covenants, rules, regulations or permits previously adopted or issued. However, if any provisions or requirements of this article conflict with any existing regulations or ordinances, the more restrictive provisions shall apply.

(Ord. No. 17-20, 8-3-2020)

(a)

Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring or pumping of any liquid, solid, gas or other substance, including, but not limited to, fuel, oil, anti-freeze, chemicals, soaps, animal waste, paints, garbage or litter, other than stormwater, in such manner and amount, directly or indirectly, so that the substance either does or is likely to reach any stormwater conveyance, waters of the state or lands within the city, except as provided in section 20-27(b).

(b)

Allowable discharges. Non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:

(1)

Water line flushing;

(2)

Landscape irrigation;

(3)

Diverted stream flows;

(4)

Rising ground waters;

(5)

Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));

(6)

Uncontaminated pumped ground water;

(7)

Discharges from potable water sources;

(8)

Foundation drains;

(9)

Air conditioning condensation;

(10)

Irrigation water;

(11)

Springs;

(12)

Water from crawl space pumps;

(13)

Footing drains;

(14)

Lawn watering;

(15)

Residential and charity car washing;

(16)

Flows from riparian habitats and wetlands;

(17)

De-chlorinated swimming pool discharges (free and total chlorine less than one (1) ppm);

(18)

Firefighting discharge;

(19)

Dyes (that are both biodegradable and non-toxic) normally used to identify and trace underground pipe networks, but only if the stormwater program manager is notified at least twenty-four (24) hours prior to the time of the test;

(20)

Street wash water (note: prior to street washing, excess mud, sediment, debris, and other pollutants shall be removed to prohibit such from entering the drainage system);

(21)

Any other non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued and administered under the authority of the EPA, or DWQ, provided that the permittee is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. Discharges specified in writing by the stormwater program manager as being necessary to protect public health and safety or discharges that have been filtered through an approved pretreatment system that consistently demonstrate no discharge of pollutants.

(c)

Illicit connections.

(1)

Connections to a stormwater conveyance system that allow or potentially allow the discharge of non-stormwater, other than the exclusions described in section 20-27 (b) are unlawful. Prohibited connections include, but are not limited to: floor drains, domestic and commercial washing machines, commercial vehicle washing or steam cleaning, septic systems and sanitary sewers.

(2)

This prohibition 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.

(3)

Where it is determined that said connection:

a.

May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat; or

b.

Was made in violation of any applicable regulation or ordinance, other than this section;

The city stormwater program manager shall designate the time within which the connection shall be removed.

(4)

In setting the time limit for compliance, the stormwater program manager shall take into consideration:

a.

The quantity and complexity of the work;

b.

The consequences of delay;

c.

The potential harm to the environment, to the public health, and to public and private property; and

d.

The cost of remedying the damage.

(5)

When necessary to stop an actual or threatened discharge that is imminently dangerous or prejudicial to the public's health or safety, the stormwater program manager may, without prior notice, order that access to the MS4 be suspended. If the violator fails to comply with this suspension order, the stormwater program manager may take such steps as deemed necessary to remove, abate or remedy the actual or threatened discharge. The violator shall reimburse the city the full cost of such removal, abatement or remedy according to the terms of this article. The violator may appeal the stormwater program manager's decision pursuant to this article but may not reconnect to the MS4 without prior written approval of the city.

(d)

Spills.

(1)

Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition.

(2)

In the event of a known or suspected illicit discharge of hazardous materials into the MS4, the observant or their employee, contractor, or agent, shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a non-hazardous illicit discharge, the observant shall notify the stormwater program manager in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city of Statesville Stormwater Program Manager within three (3) business days of the phone notice. If an illicit discharge emanates from a commercial or industrial land use, the person responsible for the facility 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 (3) years.

(Ord. No. 17-20, 8-3-2020)

(a)

The stormwater program manager or designee shall have the right to inspect the property and/or facility of any person subject to this article and any permit/document issued hereunder. The stormwater program manager or designee shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this article. Such inspection shall be made with the prior consent of the owner, manager, or signatory official. If such consent is refused the stormwater program manager or designee may seek issuance of an administrative search warrant pursuant to G.S. 15-27.2 or its successor.

(b)

Where a person has security measures in force which require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the stormwater program manager or designee will be permitted to enter without delay for the purposes of performing specific responsibilities.

(c)

The stormwater program manager or designee shall have the right to set up on the person's property such devices as are necessary to conduct sampling and/or metering of the person's operations.

(d)

Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the stormwater program manager or designee. The costs of clearing such access shall be borne by the person.

(e)

In no case shall inspection, monitoring, sampling, or other duties performed by the stormwater program manager or designee to ensure compliance with the article confer an obligation on the City of Statesville to assume responsibility for the structural SCM.

(Ord. No. 17-20, 8-3-2020)

(a)

Authority to enforce. The provisions of this section shall be enforced by the stormwater program manager, his or her designee, or any authorized agent of the City of Statesville. Whenever this section refers to the stormwater program manager, it includes his or her designee as well as any authorized agent of the City of Statesville.

(b)

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

(c)

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

(d)

Responsible person/entities. Responsible persons are all persons or dischargers who participate in, assist, direct, create, cause, or maintain a condition that constitutes a violation of this article, or fails to take appropriate action so that a violation of this article results or persists.

(1)

Responsible persons include, but are not limited to, owners of property where a violation occurs; persons in the design or construction field who have created, directed, or assisted in the design or construction of an improvement or feature in violation of the requirements of this article; and persons who have control over the use or maintenance of property or the activities occurring on property where a violation has occurred.

(2)

Multiple violations may be charged against multiple individuals or entities for an action that violates this article.

(e)

Public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the responsible person's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

(f)

Notice of violation.

(1)

Whenever the city finds that a person has violated this article, the city shall notify the person and/or property owner in writing by (1) registered or certified mail, and (2) personal service or posting of said notice at the facility where the alleged violation occurred. The notice shall specify the violation and actions needed to be taken to comply. The notice may also indicate a requirement for the discharger to perform any or all of the following:

a.

Install equipment or perform testing necessary to monitor, analyze and report of the condition of the facility's storm drainage system;

b.

Eliminate illicit connections or discharges;

c.

Cease and desist all violating discharges, practices or operations;

d.

Abate or remedy the stormwater pollution or contamination hazards and restore any affected property;

e.

Pay a civil penalty; or

f.

Implement source control or treatment SCM(s).

(2)

If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to meet the deadline, then representatives of the city shall enter upon the facility and are authorized to take any and all measures necessary to abate the violation and/or restore the facility and the expense thereof shall be charged to the violator and collected pursuant to section 20-28. Refusal to accept the notice shall not relieve the violator of the obligation set forth herein.

(g)

Remedies.

(1)

Recovery of costs and fines. As authorized by G.S. § 160A-193, the offender shall be liable to the city for the civil penalty, all costs incurred by the city while enforcing this article, including, but not limited to: abatement costs, remedying the damage caused by the illicit discharge, restoring the facility, sampling, clean-up, the city's administrative costs, costs of court, and costs of litigation, to include reasonable attorney's fees. Within thirty (30) days after the city has completed its abatement of the violation, restoration of the facility and/or its investigation and inspection, the violating person will be notified of the city's total costs and the civil penalty, if any. The total amount due shall be paid within thirty (30) days of the date of notice. If the amount due is not paid within thirty (30) days, the charges shall constitute a lien on the land or premises where the nuisance occurred. A lien established pursuant to this division shall have the same priority and be collected as unpaid ad valorem taxes. The total amount due is also a lien on any other real property owned by the violating person within the city limits, except for the person's primary residence. A lien established pursuant to this division is inferior to all prior liens and shall be collected as a money judgment. The violating person may avoid the lien on any other real property owned within the city limits only if it can be shown that the accrual or threatened discharge was created solely by another person. In the event that the violating person is able to pass the liability onto another person, the other person shall be liable to the city pursuant to this section.

(2)

Withholding of inspections, permits, certificate of occupancy or other approvals. Building inspections; permits for development or other improvements; requests for plan approval for zoning, subdivision, other development or construction; and certificates of occupancy may be withheld or conditioned upon compliance with this article until a responsible person with ownership or management of the property for which permits or approvals are sought has fully complied with this article and all actions taken pursuant to this article.

(3)

Remedies not limited. The remedies provided herein, whether civil, criminal, or administrative, are not exclusive; may be exercised singly, simultaneously, or cumulatively; may be combined with any other remedies authorized under the law; and may be exercised in any order.

(4)

Remedies not exclusive. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.

(h)

Civil penalties.

(1)

Any person who violates or fails to act in accordance with any of the provisions of this article or rules or orders adopted or issued pursuant to this article shall be subject to consideration of a civil penalty as described herein. When a civil penalty is assessed, each day of a continuing violation shall constitute a separate violation under this subsection. Failure to comply with the requirements of this article may result in imposition of enforcement measures as authorized by G.S. 143-215.6B.

(2)

Said penalties shall be assessed by the city manager, or his/her designee. No penalty shall be assessed until the person alleged to be in violation is served in writing by (1) certified mail, and (2) personal service or posting of said notice at the facility where the alleged violation occurred.

(3)

In the event the city is fined by the state or federal governments resulting from an illicit discharge or connection made by a discharger or other person, the discharger or other person at fault shall reimburse the city for the full amount of the civil penalty assessed by the state and/or federal governments as well as for the abatement costs incurred by the city during the investigation and restoration process pursuant to this article.

(4)

Civil penalties collected pursuant to this article shall be used or disbursed as directed by law.

(5)

Illicit discharges. Any person, including, but not limited to, a designer, contractor, agent, or engineer, who allows, acts, participates in, assists, or directs an illicit discharge, either directly or indirectly, may be subject to civil penalties as follows:

a.

For first-time offenders:

1.

If the quantity of the discharge is equal to or less than five (5) gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said person shall be assessed a written warning describing the offense and any corrective action(s) necessary to mitigate the discharge and prevent its recurrence. The warning shall also establish a date by which the corrective action(s) shall be completed, which shall be thirty (30) days from the date of the written warning. If the corrective action(s) are not completed by the date specified, the offender shall be assessed a Category I Civil Penalty per violation, per day.

2.

If the quantity of the discharge is greater than five (5) gallons or contains non-domestic substances, including, but not limited to, process wastewater, said person shall be assessed a Category I Civil Penalty per violation, per day.

b.

First-time offenders who discharge into the MS4 any substance that is a byproduct of a commercial or industrial process or any substance that was purchased at a bulk sales location shall be assess a Category II Civil penalty. Each day's continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.

c.

Repeat offenders. A person who discharges into the MS4 in violation of this article more than once within a twelve-month period shall be assessed a civil penalty at one (1) category level higher than the category assessed for a first-time offender of the substance and/or volume discharged. Each day's continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.

(6)

Illicit connections. Any person, including, but not limited to, a designer, contractor, agent, or engineer, who allows, acts, participates in, assists, or directs the establishment of an illicit connection, either directly or indirectly, may be subject to civil penalties as follows:

a.

First-time offenders shall be assessed a Category II civil penalty in an amount set forth in the schedule of civil penalties. Each day's continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.

b.

A person who is found to have violated this section more than once within a twelve-month period shall be assessed a Category III civil penalty in an amount set forth in the schedule of civil penalties. Each day's continuing violation shall constitute a separate and distinct offense for the purpose of assessing a civil penalty.

(7)

Penalty considerations. In determining the amount of the penalty, the stormwater program manager or designee shall consider:

a.

The degree and extent of harm to the environment, public health and public and private property; and

b.

The cost of remedying the damage; and

c.

The duration of the violation; and

d.

Whether or not the violation was willful; and

e.

The prior record of the person responsible for the violation in complying with this article; and

f.

The city's enforcement costs, and the amount of money saved by the violator through his, her or its noncompliance; and

g.

Any other consideration relevant to the violation.

(8)

Schedule of penalties.. The following civil penalties shall be imposed, up to the amount shown for each category, upon the person found to have violated this article:

a.

First offense, discharge less than five (5) gallons of domestic, household, and/or ordinary products: Written warning, with the conditions outlined in subsection(h)(5)a.1. above.

b.

Category I: civil penalty not to exceed one hundred dollars ($100.00) per day per violation.

c.

Category II: civil penalty not to exceed one thousand dollars ($1,000.00) per day per violation.

d.

Category III: civil penalty not to exceed five thousand dollars ($5,000.00) per day per violation.

(9)

Other remedies still required. Assessment of a civil penalty does not exempt the violator from the responsibility to perform other remedies as allowed in paragraphs (e), (f) and (g) of this section.

(Ord. No. 17-20, 8-3-2020)

(a)

Any order, requirement, decision or determination made by the stormwater program manager may be appealed to and decided by the Statesville Board of Adjustment.

(b)

An appeal from a decision of the stormwater program manager must be submitted to the Statesville Board of Adjustment within thirty (30) days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Appeals must be mailed or delivered to the public works director and clearly marked with the following: "Appeal of IDIC Decision - Board of Adjustment." Following submission of an appeal, the public works director will forward the appeal request to the BOA. Within thirty (30) days or at the next regular BOA meeting, the stormwater program manager shall provide all documentation constituting the record upon which the action appealed from was taken.

(c)

An appeal stays all proceedings in furtherance of the action appealed, unless the Statesville Public Works Director certifies to the Statesville Board of Adjustment, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record upon due cause shown.

(d)

The Statesville Board of Adjustment shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney. Decisions of the Statesville Board of Adjustment are final.

(Ord. No. 17-20, 8-3-2020)

(a)

Illicit discharges and illicit connections which exist within the city are hereby found, deemed, and declared to be dangerous or prejudicial to the public health or public safety and are found, deemed, and declared to be public nuisances.

(b)

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

(Ord. No. 17-20, 8-3-2020)

(a)

The intended purpose of this policy is to provide general guidelines and procedures for maintenance and repair of tail-ditches within the City of Statesville's (city) jurisdiction. The city maintains the drainage system within the city's right-of-way (ROW) and on city property. Consistent with the provisions of this policy and city ordinances, the city may also maintain and repair drainage infrastructure outside of city ROW for the purpose of protecting city-owned infrastructure.

(b)

It is recognized that many properties have been privately developed in the floodplains of creeks and streams in Statesville and that such properties are occasionally subject to nuisance flooding, standing water, and poor drainage. The city is not legally or fiscally responsible for the repair and maintenance of general flooding on private property. However, it shall be the policy of the city to enter onto private property under these conditions and for the purpose of maintaining and repairing city infrastructure, which includes, but is not limited to, streets, curb and gutter, pavement, or storm pipes when it is determined that: (1) a problem has been created due to a tail-ditch issue; and (2) the city determines all of the primary criteria listed herein are met. The stormwater program manager or designee shall administer and interpret this policy.

(c)

This policy is not intended for problems affecting recently constructed, occupied structures. This policy is intended only for a residence wherein a certificate of occupancy has been issued at least ten (10) years prior. This policy is also not intended to address control issues such as algae, mosquitoes, water quality, and trash removal, and they do not qualify for maintenance or improvements through this policy.

(Ord. No. 17-20, 8-3-2020)

(a)

The stormwater program manager shall analyze each tail-ditch to determine if the following primary criteria are present:

(1)

The tail-ditch is located within the city limits of Statesville, North Carolina, or a tail-ditch located outside of the territorial limits affects city infrastructure, such as roads or streets;

(2)

A certificate of occupancy has been issued for the residence at least ten (10) years prior to the date the application was submitted;

(3)

The property owner(s) is (are) willing to execute a right of entry agreement;

(4)

The problem threatens or creates a danger to public safety in a city ROW;

(5)

The problem is caused by stormwaters emanating from public or private lands or right-of-way (i.e. public stormwater).

(Ord. No. 17-20, 8-3-2020)

(a)

If the stormwater program manager determines all primary criteria are present, he or she shall do repair and maintenance work to tail-ditch issues as funding allows. The stormwater program manager must prioritize approved applications according to approved, available funds, net public benefit, and potential dangers and harm to the public or public property.

(b)

Any work performed must be done according to the following terms and conditions:

(1)

All work must be performed by city personnel or a city contractor. The city will not furnish materials to the property owner for installation by owner or owner's contractor;

(2)

Participating property owners must donate to the city, where necessary, a permanent easement to construct the project and maintain the drainage system. Future stormwater maintenance by the city shall be limited to repairs and maintenance of a substantive nature that ensures the adequate performance of the infrastructure. Ongoing stormwater system maintenance for the purposes of aesthetics or convenience shall be the responsibility of the property owner.

(3)

All maintenance and repair services are subject to available funding, determined each fiscal year pursuant to the direction of the Statesville City Council.

(4)

The city will not participate in maintenance and repair of Stormwater Control Measures or Stormwater Best Management Practices that are privately owned and/or required under site plans approved by the city or NC Department Environmental Quality.

(5)

All work performed by the city shall be constructed to meet current city design standards located in the Drainage Design Manual.

(Ord. No. 17-20, 8-3-2020)