(A) Purpose. The purpose of this section 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 and non-point and point source pollution associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems. 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 public health, safety, and general welfare, and protect water and ecological resources.
(B) Applicability and jurisdiction.
(1) The provisions of this section shall apply within the town limits and extraterritorial jurisdiction.
(2) The following development activities are exempt from the provisions of this section:
(a) Construction of a single-family or two-family residence.
(b) Redevelopment, or change in use of a structure, that does not involve more than one-half acre of land disturbance.
(c) Redevelopment, or change in use of a structure, that does not involve construction of more than one-half acre of additional impervious surface.
(d) Agriculture and forestry practices.
(C) Relationship to other laws, regulations, and private agreements. This section is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this section are in addition to any other ordinance, rule, regulation, or other provision of law. Where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.
(D) Effective date and transitional provisions.
(1) This section shall take effect on October 2, 2023.
(2) All development and redevelopment projects for which all necessary permits were issued prior to the effective date of this section and which remain valid, unexpired, unrevoked, and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this section dealing with the control and management of post-construction runoff but shall be required to comply with all other applicable provisions (including but not limited to illicit discharge provisions).
(E) Drainage plan required. Any development or redevelopment subject to the provisions of this section shall submit a drainage plan for review by the town in conjunction with an application for a zoning permit. The town shall review the drainage plan for compliance with the provisions of this section. The drainage plan shall be prepared and bear the seal of a licensed professional engineer and include the following:
(1) Topographic map of the total drainage area, including the project site. The topographic map shall have a scale not smaller than 1 inch = 50 feet and include the following:
(a) Contours at two-foot intervals.
(b) Property lines.
(c) Project construction elements (structures, parking lots, driveways, and other impervious surfaces).
(d) Existing perennial and intermittent streams, wetlands, and springs.
(e) Existing man-made stormwater facilities.
(2) Engineering drawings depicting the design and details of proposed piping, drainage structures, stormwater control measures, and channels connecting to a network of man-made or natural drainage features.
(3) Specifications of piping, drainage structures, permanent erosion control measures, and stormwater control measures.
(4) Computations to support the design and specifications.
(F) General provisions.
(1) To the extent practical, lot lines in subdivisions shall follow natural and existing man-made drainage features.
(2) Stormwater shall not be channeled into a sanitary sewer system.
(G) Development standards.
(1) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.
(2) All built-upon areas shall be at least 30 feet landward of all perennial and intermittent surface waters.
(3) Using ten-year, 24-hour storm data, the post-development runoff rate shall not exceed the pre-development runoff rate. Runoff rates must be based on the same calculation method.
(4) Stormwater management systems shall have a minimum design capacity of the ten-year discharge. The design capacity for cross-drainage facilities in public streets shall be a 25-year discharge.
(5) Stormwater management facilities shall be designed in accordance with 15A NCAC 2H.1050.
(6) Stormwater management facilities shall be permanent, protected with easements or covenants that run with the land, and accessible for inspection.
(7) The minimum internal pipe diameter shall be 15 inches for open-ended culverts, closed systems, and driveway culverts, and the minimum internal pipe diameter for portions of closed systems outside the public right-of-way shall be 12 inches.
(H) Maintenance. The owner (or other responsible party) of each stormwater management facility installed pursuant to this section shall maintain and operate it to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the facility was designed. All projects subject to this section shall record an approved maintenance agreement and inspection schedule at the Wilkes County Register of Deeds, which shall run with the land.
(I) Performance security for installation and maintenance. The town may, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit, or other acceptable legal arrangement prior to issuance of a permit to ensure that the stormwater management facilities are installed as designed. Performance securities will be based on construction estimates and shall not exceed 125% of the estimated cost.
(J) Remedies and penalties.
(1) This section shall be enforced by the Town’s Zoning Administrator or designee, which may include any contracted agencies.
(2) The remedies and penalties provided for violations of this section, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law and may be exercised in any order.
(3) The town may revoke, issue a stop work order, or refuse to issue any development permit, including a certificate of occupancy, for the building served by the stormwater systems in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise remedied the violations described therein. Any stop work order may be modified to enable the necessary remedial measures to remedy such violations.
(4) If the violation is deemed dangerous or prejudicial to public health or public safety, the town may cause the violation to be corrected and the costs to be assessed as a lien against the property.
(5) Regardless of the effective date and transitional provisions, the remedies and penalties provided for violations of this section may be enforced where stormwater runoff and erosion incidents are determined to encroach on real property or public right-of-way located off-premises.
(Res. 2022-23, passed 8-1-2022)