5.9   Stormwater management plan.
   A stormwater management ordinance is adopted for the purpose of protecting surface water and ground water quality, to protect and promote public health, safety, and general welfare with guided plans that limit storm water run-off, pollutants, road ponding, environmental concerns and to avoid any further problems through the adoption of sound stormwater run-off practices. The following requirements shall be met prior for all new residential and commercial development before a certificate of occupancy can be granted:
   1)   A stormwater management/driveway permit issued by the community development department for all commercial and residential property.
      a)   Property used for residential purposes containing ten thousand (10,000) square feet or more or is in a residential or commercial development that has received a high density stormwater permit from the State of North Carolina shall not be required to obtain a local stormwater management permit. Stormwater on these sites shall not run additional water onto adjoining properties or public right of ways.
   2)   All stormwater run-off generated on any commercial site or from any residential structure(s) must be contained on site for the first inch and a half (1½") of rainfall in a twenty-four (24) hour period unless exempted in section 5.9(1)(a) of this ordinance;
   3)   A licensed engineer must design stormwater systems. It will also be the engineer's responsibility to ensure that the system has been installed properly and give written approval to the town that said system meets all design criteria.
   4)   All stormwater management systems shall be maintained in proper working condition. If there is evidence that a system may not be performing properly, the community development department may require that the system be tested and that a qualified professional certify its performance in accordance with the stormwater management standards.
   5)   Failure to comply with the provisions of this section and/or failure to comply with any of its requirements shall constitute a misdemeanor, punishable as set forth in the town code and North Carolina state law.
(Ord. No. 2004-28, 9-7-04; Ord. No. 2011-07, 10-4-11; Ord. No. 2020-10, 12-1-20)