GENERAL PROVISIONS

§ 151.01 TITLE.

   This chapter shall be officially known as “The Post-Construction Stormwater Ordinance.” It is referred to herein as “this chapter.”

(Ord. 2010-27, passed 1-6-2010)

§ 151.02 AUTHORITY.

   The Town Board is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; the Charter of the Town of Zebulon; G.S. § 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160D, §§ 174, and 185.

(Ord. 2010-27, passed 1-6-2010; Ord. 2021-65, passed 5-3-2021)

§ 151.03 FINDINGS.

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

   (C)   Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and federal Phase II Stormwater Rules promulgated under it compel the town to adopt minimum stormwater controls such as those included in this chapter.

   (D)   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.

(Ord. 2010-27, passed 1-6-2010)

§ 151.04 PURPOSE.

   (A)   General. The purpose of this chapter 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 nonpoint and point source pollution associated with new development and redevelopment as well as illicit discharges into municipal stormwater systems.

   (B)   Specific. This chapter seeks to meet its general purpose through the following specific objectives and means:

      (1)   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;

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

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

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

      (5)   Establishing administrative procedures for the submission, review, approval and disapproval of stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance;

      (6)   Managing flooding and downstream impacts with an awareness of impending regional growth.

(Ord. 2010-27, passed 1-6-2010)