§ 15.2 STORMWATER REQUIREMENTS FOR NEW DEVELOPMENT IMPLEMENTING THE FALLS LAKE RULES.

   15.2.1   Authority. This article is adopted pursuant to G.S. § 143-214.7, Session Law 2006-246 and the rules promulgated by the state’s Environmental Management Commission thereunder. Specifically, this article is adopted to comply with the standards of the Universal Stormwater Management Program and the Falls Nutrient Strategy New Development Rule as set forth in the state’s Administrative Code (15A NCAC 2H .1020(b) and 15A NCAC 02B .0277).

   15.2.2   Findings. It is hereby determined that:

   (A)   Development and redevelopment alter the hydrologic response of local watersheds and increase 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;

   (B)   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;

   (C)   These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites;

   (D)   Further, the Commission has identified Falls of Neuse reservoir, a water supply reservoir as nutrient sensitive waters; has identified all or a portion of the reservoir as impaired waters under the Federal Clean Water Act, being 33 U.S.C. §§ 1251 et seq. due to exceedances of the chlorophyll a standard; and has promulgated rules (the “Falls Rules”) to reduce the average annual loads of nitrogen and phosphorus delivered to Falls Reservoir from all point and nonpoint sources of these nutrients located within its watershed, including stormwater from new development in this jurisdiction; and

   (E)   Therefore, the town 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.

   15.2.3   Purpose.

   (A)   General. 

      The purpose of this article is to protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff, nitrogen and phosphorus in stormwater runoff, and nonpoint and point source pollution associated with new development and redevelopment. 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 article seeks to meet its general purpose through the following specific objectives and means:

      (1)   Establishing decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources;

      (2)   Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable for the applicable design storm to reduce flooding, stream bank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;

      (3)   Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

      (4)   Establishing design criteria for the construction, function, and use of structural stormwater best management practices ( BMPs) that may be used to meet the minimum post-development stormwater management standards;

      (5)   Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of open space, riparian buffers, and other conservation areas to the maximum extent practicable;

      (6)   Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety; and

      (7)   Establishing administrative procedures for the inspection of approved projects and to assure adequate and appropriate long-term maintenance.

   15.2.4   Applicability.

   (A)   General. This article shall be applicable to all development and redevelopment activities, unless exempt pursuant to division 15.2.4(E), Exemptions.

   (B)   Effective date. The effective date of § 15.2, Stormwater Requirements For New Development Implementing the Falls Lake Rules, is May 3, 2012.

   (C)   Final approvals, complete applications.

      All development and redevelopment projects for which complete and full applications were submitted and approved by the town of, if prior to incorporation, by the county prior to the effective date of this article and which remain valid, unexpired, unrevoked, and not otherwise terminated at the time of development shall be exempt from complying with all provisions of this article dealing with the control and/or management of stormwater.

      A phased development plan shall be deemed approved prior to the effective date of this article if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked, and not otherwise terminated, and it shows:

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

      (2)   For any subsequent phase of development or redevelopment, sufficient detail so that implementation of the requirements of this article to that phase of development would require a material change in that phase of the plan.

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

   (E)   Exemptions.

      (1)   Thresholds.

         (i)   Single-family and duplex residential and recreational development and redevelopment that cumulatively disturbs less than one-half acre and is not part of a larger common plan of development or sale is exempt from the provisions of this article.

         (ii)   Commercial, industrial, institutional, multi-family residential, or local government development and redevelopment that cumulatively disturbs less than 12,000 square feet, and is not part of a larger common plan of development or sale is exempt from the provisions of this article.

         (iii)   Development and redevelopment that disturb 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.

         (iv)   Development that is exempt from permit requirements of § 404 of the Federal Clean Water Act, being 33 U.S.C. § 1344, as specified in 40 C.F.R. part 232, (primarily, ongoing farming and forestry activities) are exempt from the provisions of this article.

      (2)   General exemption.

         (i)   This article does not apply to agricultural activities that are governed by 15A NCAC 02B .0280 or to forestry activity that the town is prohibited from regulating under G.S. §160D-921. Nothing herein shall be read to limit, expand, or otherwise alter the authority of a town to regulate those things which it is allowed to regulate under G.S. § 160D-921(c).

         (ii)   Without limitation of its other authority under G.S. § 160D-921(c), the town may regulate activity associated with development. The town may deny a building permit or refuse to approve a site or subdivision plan for either a period of up to:

            (a)   Three years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under city regulations governing development from the tract of land for which the permit or approval is sought; or

            (b)   Five years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under city regulations governing development from the tract of land for which the permit or approval is sought and the harvest was a willful violation of the city regulations.

   (F)   No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this article as evidenced by the issuance of a stormwater management permit, unless exempted herein. No development or redevelopment for which a permit is required pursuant to this article shall occur except in compliance with the provisions, conditions, and limitations of the permit.

   (G)   Map.

      (1)   The provisions of this article shall apply within the areas designated on the map titled “Town of Butner Watershed Map”, which is adopted simultaneously herewith. The town’s Watershed Map and all explanatory matter contained thereon accompanies, and is hereby made a part of, this ordinance and is integrated with the Official Zoning Map.

      (2)   The town’s Watershed Map shall be kept on file by the Ordinance Administrator and shall be updated to take into account changes in the land area covered by this article and the geographic location of all structural BMPs permitted under this article. In the event of a dispute, the applicability of this article to a particular area of land or BMP shall be determined by reference to the state’s statutes, the state’s Administrative Code, and the standards for determining zoning district boundaries as set forth in division 1.8.3.

   15.2.5   Stormwater Design Manual.

   (A)   Reference to Stormwater Design Manual.

      The Ordinance Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the latest version of the NC Stormwater Design Manual available through the Ordinance Administrator as the basis for decisions about stormwater permits and about the design, implementation, and performance of structural and non-structural stormwater BMPs and other practices for compliance with this article.

      The Stormwater 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 Phase II, Falls Rules and other applicable stormwater laws.

   (B)   Relationship of Stormwater Design Manual to other laws and regulations.

      (1)   Conflict of laws. This article is not intended to modify or repeal any other article, ordinance, rule, regulation, or other provision of law. The requirements of this article are in addition to the requirements of any other article, ordinance, rule, regulation, or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other article, 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.

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

   (C)   Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the Stormwater Design Manual are amended subsequent to the submittal of an application for approval pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application.

   15.2.6   Review and decision-making entities.

   (A)   Stormwater Administrator.

      (1)   Designation. The Ordinance Administrator shall be the Stormwater Administrator.

      (2)   Powers and duties. In addition to the powers and duties that may be conferred by other provisions of this ordinance and other laws, the Ordinance Administrator shall have the following powers and duties under this article:

         (i)   To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this article;

         (ii)   To make determinations and render interpretations of this article;

         (iii)   To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the Town Council on applications for development or redevelopment approvals;

         (iv)   To enforce the provisions of this article in accordance with its enforcement provisions;

         (v)   To maintain records, maps, forms, and other official materials as relate to the adoption, amendment, enforcement, and administration of this article;

         (vi)   To provide expertise and technical assistance to the (name of governing board and, if a stormwater board is established, the name of that board as well), upon request;

         (vii)   To designate appropriate other person(s) who shall carry out the powers and duties of the Ordinance Administrator; and

         (viii)   To take any other action necessary to administer the provisions of this article.

   (B)   Review procedures.

      (1)   Permit required; must apply for permit. A stormwater permit is required for all development and redevelopment unless exempt pursuant to this article. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section. Applications shall be governed by other applicable provisions of this ordinance, specifically including, but not limited to, Article 3, Review and Approval Procedures.

      (2)   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 or redevelopment site consistent with the requirements of this article, whether the approach consists of engineered stormwater controls or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this article.

      (3)   Authority to file application. All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land owner’s duly authorized agent.

      (4)   Establishment of application requirements, schedule, and fees.

         (i)   Application contents and form. The Ordinance Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this article.

         (ii)   Submission schedule. The Ordinance Administrator may 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.

         (iii)   Permit review fees. The Town Council shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.

         (iv)   Administrative manual. For applications required under this article, the Ordinance Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this article, and information on how and where to obtain the Design Manual in an Administrative Manual, which shall be made available to the public.

      (5)   Submittal of complete application.

      Applications shall be submitted to the Ordinance Administrator pursuant to the application submittal schedule in the form established by the Ordinance Administrator, along with the appropriate fee established pursuant to this section.

      An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this article, along with the appropriate fee. If the Ordinance 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.

      (6)   Review. The Ordinance Administrator shall review the application and determine whether the application complies with the standards of this article.

         (i)   Approval. If the Ordinance Administrator finds that the application complies with the standards of this ordinance, the Ordinance Administrator shall approve the application. The Ordinance Administrator may impose conditions of approval as needed to ensure compliance with this article. The conditions shall be included as part of the approval.

         (ii)   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.

         (iii)   Revision and subsequent review.

         A complete revised application shall be reviewed by the Ordinance Administrator after its re-submittal and shall be approved, approved with conditions, or disapproved.

         If a revised application is not re-submitted within 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 may require additional review fees, as established pursuant to this article.

   15.2.7   Stormwater management standards. All development and redevelopment to which this article applies shall comply with the standards of this section.

   (A)   Riparian buffer standards.

      (1)   Riparian buffer requirements.

      Proposed new development shall demonstrate compliance with the riparian buffer protection requirements of 15A NCAC 02B .0233 and .0242 or subsequent amendments or replacements to those requirements.

      If surface waters (intermittent, perennial, lakes, ponds, and estuaries) are present, riparian stream buffers are required and measured from the top of bank as follows; Zone 1 a 30-foot undisturbed buffer; and Zone 2 a 20-foot vegetated buffer, both in accordance with 15A NCAC 02B .0233.

   (B)   Stormwater control requirements.

      (1)   Stormwater control measures shall be designed to control and treat the runoff generated from all surfaces by one inch of rainfall. The treatment volume shall be drawn down pursuant to standards specific to each practice as provided in the Stormwater BMP Design Manual.

      (2)   To ensure that the integrity and nutrient processing functions of receiving waters and associated riparian buffers are not compromised by erosive flows, stormwater flows from the development shall not contribute to degradation of waters of the state. At a minimum, the development shall not result in a net increase in peak flow leaving the site from pre-development conditions for the one-year, 24-hour storm event. New development may satisfy the requirements of this rule by meeting the post-development hydrologic criteria set out in Chapter 2 of the state’s Low Impact Development Guidebook, dated June 2009, or the hydrologic criteria in the most recent version of that guidebook.

   (C)   Standards.

      (1)   General standards. All development and redevelopment to which this article 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 redevelopment maintains the site consistent with the approved project plans.

      (2)   Nitrogen and phosphorus loading.

         (i)   Nitrogen and phosphorus loads contributed by the proposed new development shall not exceed the following unit-area mass loading rates: [2.2 and 0.33 pounds per acre per year for nitrogen and phosphorus, respectively].

         (ii)   Notwithstanding 15A NCAC 2B .104(q), redevelopment subject to this ordinance that would replace or expand existing structures or improvements and would result in a net increase in built-upon area shall have the option of either meeting the loading standards identified in division 15.2.7(A)(1) or meeting a loading rate that achieves the following nutrient loads compared to the existing development: 40% and 77% reduction for nitrogen and phosphorus, respectively.

         (iii)   Nitrogen and phosphorus loading rates shall be calculated by using the approved accounting tool and methods.

      (3)   Nitrogen and phosphorus standard is supplemental. The nitrogen and phosphorus loading standards in this article are supplemental to, not replacements for, stormwater standards otherwise required by federal, state, or local law, including without limitation any riparian buffer requirements applicable to the location of the development. This includes, without limitation, the riparian buffer protection requirements of 15A NCAC 2B .0233 and .0242.

      (4)   Partial offset of nutrient control requirements. Development subject to this article shall attain nitrogen and phosphorus loading rate reductions on-site that meet the following criteria prior to using an off-site offset measure:

         (i)   Thirty percent or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing one half acre but less than one acre;

         (ii)   Fifty percent or more reduction in both nitrogen and phosphorus loading from the untreated conditions for any single-family, detached and duplex residential development disturbing more than one acre;

         (iii)   Thirty percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial, and industrial development disturbing 12,000 square feet but less than one acre;

         (iv)   Fifty percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for other development, including multi-family residential, commercial, and industrial development disturbing more than one acre; or

         (v)   Thirty percent or more reduction in both nitrogen and phosphorus loading from the untreated condition for proposed redevelopment activities in a designated downtown area that would replace or expand structures or improvements that existed as of December 2006.

      A developer subject to this ordinance may achieve the additional reductions in nitrogen and phosphorus loading required by this article by making offset payments to the state’s Ecosystem Enhancement Program contingent upon acceptance of payments by that program. A developer may use an offset option provided by the town. A developer may propose other offset measures to the town, including providing his or her own off-site offset or utilizing a private seller. All offset measures permitted by this ordinance shall meet the requirements of 15A NCAC 02B .0282 and 15A NCAC 02B .0240.

   (D)   Standards for stormwater control measures.

      (1)   Evaluation according to contents of design manual. All stormwater control measures and stormwater treatment practices (also referred to as best management practices, or BMPs) required under this article shall be evaluated by the Ordinance Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Stormwater BMP Design Manual. The Ordinance Administrator shall determine whether proposed BMPs will be adequate to meet the requirements of this article.

      (2)   Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Stormwater BMP Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this article. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Stormwater BMP 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 article. The Ordinance Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Ordinance Administrator to determine whether such an affirmative showing is made.

      (3)   Dedication of BMPs, facilities, and improvements. The town may accept the dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this article and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

   15.2.8   Variances. Applications for variances shall be considered as set out in division 3.2.5 of this ordinance.

   15.2.9   Maintenance.

   (A)   Standards for maintenance.

      (1)   Function of BMPs as intended. The owner of each structural BMP installed pursuant to this article shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed.

      (2)   Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP installed pursuant to this article shall submit to the Ordinance Administrator an inspection report from a registered state professional engineer or a state registered landscape architect, or by a person who has been awarded a Stormwater BMP Inspection and Maintenance Certification by the North Carolina State University Cooperative Extension Service. The inspection report shall contain all of the following:

         (i)   The name and address of the land owner;

         (ii)   The recorded book and page number of the lot of each structural BMP;

         (iii)   A statement that an inspection was made of all structural BMPs;

         (iv)   The date the inspection was made;

         (v)   A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this article; and

         (vi)   The original signature and seal of the engineer, surveyor, or landscape architect.

   All inspection reports shall be on forms supplied by the Ordinance Administrator. An original inspection report shall be provided to the Ordinance 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.

   (B)   Operation and maintenance agreement.

      (1)   In general.

         (i)   Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this article, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this article, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.

         (ii)   The operation and maintenance agreement shall require the owner or owners to maintain, repair, and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the town a right of entry in the event that the Ordinance Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the town to assume responsibility for the structural BMP.

         (iii)   The operation and maintenance agreement must be approved by the Ordinance Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Ordinance Administrator within 14 days following its recordation.

      (2)   Special requirement for homeowners’ and other associations. For all structural BMPs required pursuant to this article and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions.

         (i)   Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

         (ii)   Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the town, in its sole discretion, may remedy the situation, and in such instances the town 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 structural BMPs, provided that the town shall first consent to the expenditure.

         (iii)   Both a developer contribution(s) 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 15% of the initial construction cost of the structural BMPs. Two-thirds of the total amount of sinking fund budget shall be deposited into the escrow account within the first five years and the full amount shall be deposited within ten years following initial construction of the structural BMPs. 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.

         (iv)   The percent of developer contribution and lengths of time to fund the escrow account may be varied by the town depending on the design and materials of the stormwater control and management facility.

         (v)   Granting to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

         (vi)   Allowing the town to recover from the association and its members any and all costs the (name of local government) expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the town all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement. In case of a deficiency, the town 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.

         (vii)   A statement that this agreement shall not obligate the town to maintain or repair any structural BMPs, and the town shall not be liable to any person for the condition or operation of structural BMPs.

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

         (ix)   A provision indemnifying and holding harmless the town for any costs and injuries arising from or related to the structural BMP, unless the town has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.

   (C)   Inspection program.

      Inspections and inspection programs by the town may be conducted or established on any reasonable basis, including, but not limited to, routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.

      If the owner or occupant of any property refuses to permit such inspection, the Ordinance 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 Ordinance Administrator or his or her designee while carrying out his or her official duties.

(Ord. A.21.01, passed 6-3-2021)