§ 17-132. General provisions

(a) Title. This division shall be officially known as "The Universal Stormwater Management Program Ordinance." It is referred to herein as "this division."

(b) Authority. The town council is authorized to adopt this division pursuant to North Carolina law, including but not limited to article 14, section 5 of the Constitution of North Carolina; Town of Kure Beach, North Carolina G.S. 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246; chapter 160A, §§ 174, 185; as well as chapter 113A, article 4 (Sedimentation Pollution Control); Article 21, Part 6 (Floodway Regulation); chapter 160A, article 19 (Planning and Regulation of Development); chapter 153A, article 18.

(c) Findings. It is hereby determined that:

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;

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; and

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

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 division.

Therefore, the town council 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.

(d) Purpose.

(1) General. The purpose of this division 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. 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.

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

a. Establishing decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources;

b. 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, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;

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

d. Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards;

e. 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;

f. 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;

g. 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.

h. Controlling illicit discharges into the municipal separate stormwater system.

(e) Applicability and jurisdiction.

(1) General. Beginning with and subsequent to its effective date, this division shall be applicable to all development and redevelopment, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to subsection (2) of this section, exemptions.

(2) Exemptions.

a. Thresholds. Development that cumulatively disturbs less than five thousand (5,000) square feet of land and is not part of a larger common plan of development or sale is exempt from the provisions of this division.

Redevelopment that results in no net increase in built-upon area and provides equal or greater stormwater control than the previous development is exempt from the provisions of this division.

Development and redevelopment that disturb less than the stated area threshold are not exempt if such activities are part of a larger common plan of development or sale that exceeds the area threshold, even though multiple, separate or distinct activities take place at different times on different schedules.

b. General exemption. Activities that are exempt from permit requirements of section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this division.

(3) No development or redevelopment until compliance and permit. No development or redevelopment shall occur except in compliance with the provisions of this division or unless exempted. No development for which a permit is required pursuant to this division shall occur except in compliance with the provisions, conditions, and limitations of the permit.

(4) Map. The provisions of this division shall apply within the areas designated on the map titled "USMP Stormwater Map of Town of Kure Beach, North Carolina" ("the stormwater map"), which is adopted simultaneously herewith. The stormwater map and all explanatory matter contained thereon accompanies and is hereby made a part of this division.

The stormwater map shall be kept on file by the stormwater administrator and shall be updated to take into account changes in the land area covered by this division and the geographic location of all structural BMPs permitted under this division. In the event of a dispute, the applicability of this division to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.

(f) Interpretation.

(1) Meaning and intent. All provisions, terms, phrases, and expressions contained in this division shall be construed according to the general and specific purposes set forth in section 132(d), purpose. If a different or more specific meaning is given for a term defined elsewhere in the Town of Kure Beach Code of Ordinances, the meaning and application of the term in this division shall control for purposes of application of this division.

(2) Text controls in event of conflict. In the event of a conflict or inconsistency between the text of this division and any heading, caption, figure, illustration, table, or map, the text shall control.

(3) Authority for interpretation. The stormwater administrator has authority to determine the interpretation of this division. Any person may request an interpretation by submitting a written request to the stormwater administrator, who shall respond in writing within thirty (30) days. The stormwater administrator shall keep on file a record of all written interpretations of this division.

(4) References to statutes, regulations, and documents. Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the design manual), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.

(5) Computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the town, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the town. References to days are calendar days unless otherwise stated.

(6) Delegation of authority. Any act authorized by this division to be carried out by the stormwater administrator of the town may be carried out by his or her designee.

(7) Usage.

a. Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

b. Conjunctions. Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items, conditions, provisions and events apply. The word "or" indicates that one (1) or more of the connected items, conditions, provisions or events apply.

c. Tense, plurals, and gender. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(8) Measurement and computation. Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.

(g) Design manual.

(1) Reference to design manual. The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the design manual as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and nonstructural stormwater BMPs.

The 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 the phase II and other applicable stormwater laws.

(2) Relationship of design manual to other laws and regulations. If the specifications or guidelines of the design manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the design manual.

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

(h) Relationship to other laws, regulations and private agreements.

(1) Conflict of laws. This division is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this division are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this division 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.

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

(i) Severability. If the provisions of any section, subsection, paragraph, subdivision or clause of this division shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this division.

(j) Effective date and transitional provisions.

(1) Effective date. This division shall take effect on September 1, 2007.

(2) Final approvals, complete applications. All development and redevelopment projects for which complete and full applications were submitted and approved by the town council prior to the effective date of this division 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 division dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions.

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

a. For the initial or first phase of development, 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.

b. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this division to that phase of development would require a material change in that phase of the plan.

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

(Ord. of 7-17-07(2), § 1)