Ordinances

Note:  A proposed revised stormwater ordinance, based on the North Carolina State model ordinance, was revised and submitted to the state regulatory authorities in December 2008.  The proposed ordinance was approved by the state and will be submitted to Planning Board for comments and after that, on to Town Council review and approval. 

One of the chief changes in the revised ordinance is that the state has delegated authority to issue stormwater permits for applicable Phase II projects to the town Stormwater Director whereas they were previously issued by the state. 

Another change is that the ordinance refers to an administrative manual that contains design criteria for structurally engineered SW controls.  A copy of this manual will eventually be published on the SW website as well. 

The combined effect will be a compliance system where the SW Director knows what permits are being issued for which projects, what SW engineered controls are in place, both of which will aid in establishing a database of both town, residential, and commercial property SW controls.  Eventually, measures to assure the effectiveness of these SW controls will be established as well.

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The Oak Island Stormwater Management Ordinance is detailed under Article 5 under Chapter 18 - Land Use Development of the Oak Island municipal ordinances.  However, a summary of key parts is provided below.

Section 18-651:  Title

This section is reserved for the title.  The stormwater ordinance is named the Stormwater Management Ordinance for Oak Island, North Carolina

Section 18-652:  Finding of Facts

This section outlines how uncontrolled drainage development significantly impacts the health, safety and welfare of the community such as:

• stormwater runoff can degrade water quality and close shell-fishing waters

• increases in nutrients such as phosphorus and nitrogen accelerate eutrophication, adversely impacting flora and fauna

• improperly channeled water increases the velocity of runoff increasing erosion and sedimentation

• construction that alters the natural topography and removes vegetation tends to cause a loss of natural recharge areas and increase erosion

• siltation (deposits of silt) resulting from increased erosion decreases their capacity to hold and transport water and harms flora and fauna

• impervious surfaces increase stormwater runoff, which decreases the amount of water allowed to percolate into the soil and groundwater recharge

• improperly managed stormwater runoff can increase the incidence of flooding and the level of floods endangering property and human life

• improperly managed stormwater runoff can interfere with the maintenance of optimum salinity in estuarine areas, disrupting biological productivity

• substantial economic losses may result from adverse effects on community waters

• many future problems can be avoided if land is developed in accordance with sound stormwater runoff management practices

 Section 18-653:  Objectives

This section outlines the objectives of the stormwater management program, which are to protect, maintain, and enhance the immediate and long-term health, safety, and general welfare of the community such as:

• encourage productive and enjoyable harmony between human activity and nature

• protect and maintain the chemical, physical, and biological integrity of wetland ponds, Davis Canal, the inland waterway, and the Atlantic Ocean

• prevent individuals and organizations from causing harm to the community by activities that adversely impact water resources

• encourage construction of drainage systems that function like natural systems

• encourage protection of natural systems and use in ways that do not impair their benefit

• minimize the transport of pollutants to area surface waters

• maintain groundwater levels

• protect and maintain natural salinity in estuarine areas

• minimize erosion and sedimentation

• prevent damage to wetlands

• prevent damage from flooding

• protect and maintain the habitat of fish and wildlife

• ensure these objectives by requiring approval and implementation of a stormwater management plan for all activities that may adversely impact the community waters

Section 18-654:  Definitions

This section defines terms used in the ordinance.

 Section 18-655:  Applicability

This section defines what activities the ordinance apply to such as:

• All development occurring after the effective date of the ordinance from which this article is derived within the town must comply with minimum stormwater control standards.  All development must provide appropriate infiltration devices to control runoff of the first 1.5 inches of rainfall or less from all impervious surfaces on site.  Flow from gutters and downspouts shall be diverted to dry wells or porous drain pipes in rock envelope.  For structures without gutters and downspouts, gravel infiltration beds under roof overhangs shall be provided.  Typical designs of appropriate systems are provided for guidance in the manual of stormwater management practices (see section 18-660).  Applicants are encouraged to submit alternative management plans that meet the requirements of this article.

• Unless exempted pursuant to subsection (c) of this section or granted a variance pursuant to subsection (d) of this section, a stormwater management plan must be submitted and approved before:

          (1)   A plat is recorded or land is subdivided.

          (2)   An existing drainage system is altered, rerouted, or deepened.

          (3)   A building permit is issued.

          (4)   Development is commenced.

   

• Exemptions.  The following development activities are exempt from the stormwater management plan requirement: 

          (1)   Agricultural activity not involving the artificial drainage of land;

          (2)   Any maintenance, alteration, use or improvement to an existing structure that does not change or affect quality, rate, volume or location of surface water discharge and meets the requirements of redevelopment.

   

• Variances.  The town may grant a written variance from any requirement of this article using the following criteria: 

          (1)   There are special circumstances applicable to the subject property of its intended use; and

          (2)   The granting of the variance will not:

                  a.   Significantly increase or decrease the rate or volume of surface water runoff;

                  b.   Have a significant adverse impact on an area "404 wetland" watercourse or water body;

                  c.   Significantly contribute to the degradation of water quality;

                  d.   Otherwise significantly impair attainment of the objectives of this article.

Section 18-656:  Contents of the Stormwater Management Plan

This section outlines the content of a stormwater management plan, which is submitted as part of the development plans. 

• The applicant must provide a stormwater management plan with enough detail to allow the town and its agents to evaluate the environmental characteristics of the affected areas, the potential and predicted impacts of the proposed activity on area surface waters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts.  The stormwater management plan must contain maps, charts, graphs, tables, photographs, narrative descriptions and explanations and citations to supporting references, as appropriate, to comply with all the needed information specified in this section.

   

• A stormwater management plan for a single-family or duplex residence includes:

          (1)   Name, address, and telephone number of the owner and developer/builder.

          (2)   A sketch plan of the property showing its location with reference to landmarks such as water bodies, adjoining roads, and subdivisions.

          (3)   Location of floodplains.

          (4)   Location of existing vegetation.

          (5)   Show new work on the sketch plan including:

                  a.   Areas where vegetation will be cleared or otherwise killed.

                  b.   Areas that will be covered with an impervious surface, and description of the surfacing material.

                  c.   Size and location of any buildings or other structures.

                  d.   Show in general the location of the septic tank and disposal field.

                  e.   Show in general the direction including any channels and quantity of stormwater that will be collected on the site.

                  f.   Show the proposed infiltration system including the location, size, and volume of storage provided.

   

• The stormwater management plan for commercial development and major residential development contains:

          (1)   The name, address, and telephone number of the owner and the developer.

          (2)   Legal description of the property.

          (3)   Location with reference to landmarks such as major water bodies, adjoining roads, or subdivisions which should be identified by a map.

          (4)   Existing environmental and hydrologic conditions of the site and of receiving waters and wetlands described in detail, including:

                  a.   The direction, flow rate, and volume of stormwater runoff under existing conditions and, to the extent practicable, predevelopment conditions;

                  b.   The location of areas on the site where stormwater collects or percolates into the ground;

                  c.   A description of all watercourses, water bodies and wetlands on or adjacent to the site or into which stormwater flows.

                  d.   Groundwater levels, including seasonal fluctuations;

                  e.   Location of floodplains;

                  f.   Vegetation;

                  g.   Topography to a minimum of two-foot intervals;

                  h.   Soils as shown on the USDA Soil Survey of Brunswick County.

   

• Proposed alterations are described in detail, including:

          (1)   Changes in topography;

          (2)   Areas where vegetation will be cleared or otherwise killed;

          (3)   Areas that will be covered with an impervious surface and a description of the surfacing material;

          (4)   The size and location of any buildings or other structures.

   

• Predicted impacts of the proposed development on existing conditions is described in detail, including:

          (1)   Changes in water quality;

          (2)   Changes in groundwater levels;

          (3)   Impacts on wetlands; and

          (4)   Impacts on vegetation.

   

• All components of the drainage system and any measures for detention, retention, or infiltration of water or for the protection of water quality is described in detail, including:

          (1)   The channel, direction, flow rate, volume and quality of stormwater that will be conveyed from the site; with a comparison to existing conditions and, to the extent practicable, predevelopment conditions;

          (2)   Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of water quality in those areas;

          (3)   Areas of the site to be used or reserved for percolation including a prediction of the impact on groundwater quality;

          (4)   A plan for the control of erosion and sedimentation which describes in detail the type and location of control measures, the stage of development at which they will be put into place or used, and provisions for their maintenance;

          (5)   Any other information that the developer or the town or its agents believes is reasonably necessary for an evaluation of the development.

Section 18-657:  Procedures and Fees

This section outlines the fees required for a stormwater management plan as part of the development. 

• For administration and management of the stormwater management plan, a stormwater fee, as provided by the Oak Island Fee Schedule, shall be charged for each single-family residence, each residential unit contained within a multi-family structure (i.e., condo, town house, apartment building, etc.), each single commercial structure, and for each individual commercial unit contained within a multi-business structure (i.e., shopping center, shopping malls, business complex, etc.). The town council may amend the fee schedule from time to time.

   

• Any person planning a development shall submit a stormwater management plan or an application for a variance to the town.

   

• Within 30 days after submission of the completed stormwater management plan, the town shall approve, with or without specified conditions or modifications, or reject the plan and shall notify the applicant accordingly. If the town has not rendered a decision within 30 days after plan submission, it shall inform the applicant of the status of the review process and the anticipated completion date. If the plan is rejected or modified, the town shall state its reasons. However, it is not the responsibility of the town or its designated agent to design an acceptable project.

   

• The stormwater management plan shall not be approved unless it clearly indicates that the proposed development will meet the performance standards described in section 18-658 and the design standards described in section 18-659, except where a variance has been granted pursuant to section 18-655(d), or where off-site management is approved pursuant to section 18-660.

   

• No stormwater management plan may be approved without adequate provision for inspection of the property before development activity commences. The applicant shall arrange with the town's building inspector or his designated representative for scheduling the following inspections:
  (1)   Initial inspection: Prior to approval of the stormwater management plan;
  (2)   Bury inspection: Prior to burial of any underground drainage structure;
  (3)   Erosion control inspection: As necessary to ensure effective control of erosion and sedimentation;
  (4)   Finish inspection: When all work including installation of all drainage facilities has been completed.

   

  The town building inspector or his designated agent shall inspect the work and shall either approve it or notify the applicant in writing in what respects there has been a failure to comply with the requirements of the approved stormwater management plan. The applicant shall promptly correct any portion of the work that does not comply or the applicant will be subject to the penalty provisions of section 18-662.

   

• Any person aggrieved by the action of any official charged with the enforcement of this article, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce this article in regard to a specific application shall have the right to appeal the action to the town council. The appeal shall be filed in writing within 30 days of the date of official transmittal of the final decision or determination to the applicant, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under local and state statutes.

Section 18-658:  Performance Standards

• Channeling runoff directly into water bodies shall be strictly prohibited. Instead, runoff shall be routed through vegetated swales and other systems designed to increase time of concentration, decrease velocity, increase filtration, allow suspended solids to settle, and remove pollutants.

   

• Natural watercourses shall not be dredged, cleared of vegetation, deepened, widened, straightened, stabilized or otherwise altered. Water shall be retained or detained before it enters any natural watercourse in order to preserve the natural hydrodynamics of the watercourse and to prevent siltation or other pollution.

   

• The area of land disturbed by development shall be as small as practicable. An adequate barrier from construction activity shall protect the areas that are not to be disturbed. Whenever possible, natural vegetation shall be retained and protected.

   

• No grading, cutting or filling shall be commenced until erosion and sedimentation control devices have been installed between the disturbed area and water bodies, watercourses and wetlands.

   

• Land that has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to re-vegetate the area.

   

• Sediment shall be retained on the site of the development.

   

• Wetlands and other water bodies shall not be used as sediment traps during development.

   

• Erosion and sedimentation facilities shall receive regular maintenance to ensure that they continue to function properly.

   

• Artificial watercourses shall be designed, considering soil type, so that the velocity of flow is low enough to prevent erosion.

   

• Vegetated buffer strips shall be created or, where practicable, retained in their natural state along the banks of all watercourses, water bodies, or wetlands. The width of the buffer shall be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body and allow for periodic flooding without damage to structures. A 30-foot buffer is required by CAMA rules (15A NCAC 07H.0209) for all coastal shorelines.

   

• Intermittent watercourses, such as swales, shall be vegetated.

   

• Retention and detention ponds shall he used to retain and detain the increased and accelerated runoff which the development generates. Water shall be released from detention ponds into watercourses or wetlands at a rate and in a manner approximating the natural flow which would have occurred before development.

   

• The first 1.5 inch of runoff from impervious surfaces shall be retained on the site of the development. Where site conditions, such as soil conditions and slope permit, the use of preserved woods and other on-site vegetated areas for on-site stormwater containment areas in lieu of construction of devices is encouraged. The vegetated area must meet the calculations contained in the Stormwater Management Manual.

   

• Detention and retention areas shall be designed so that shorelines are sinuous rather than straight and so that length of shoreline is maximized, thus offering more space for the growth of littoral vegetation.

   

• The banks of detention and retention areas shall slope at a gentle grade into the water as a safeguard against drowning, personal injury or other accidents, to encourage the growth of vegetation and to allow the alternate flooding and exposure of areas along the shore as water levels periodically rise and fall.

   

• The use of drainage facilities and vegetated buffer zones as open space, recreation and conservation areas shall be encouraged.

• The town shall compile a manual of stormwater management practices for the guidance of persons preparing stormwater management plans, and designing or operating drainage systems.  The manual shall be updated periodically to reflect the most current and effective practices and shall be made available to the public.

   

• The manual shall include guidance and specifications for the preparation of stormwater management plans.  Acceptable techniques for obtaining, calculating and presenting the information required in the stormwater management plans shall be described.

   

• The manual shall include guidance in the selection of environmentally sound practices for the management of stormwater and the control of erosion and sediment.  Specific techniques and practices shall be described in detail.  The development and use of techniques that emphasize the use of natural systems shall be encouraged.

   

• The manual shall also establish minimum specifications for the construction of drainage facilities.  Construction specifications shall be established in accordance with current good engineering practices.

   

• The building inspector shall submit the manual and subsequent revisions of it to the town council and planning board for review and approval.

• Nuisance.  Any development activity that is commenced without prior approval of a stormwater management plan or is conducted contrary to an approved stormwater management plan, as required by this article, shall be deemed a public nuisance and may be restrained by injunction or otherwise abated in a manner provided by law. 

   

• Civil and criminal penalties.  In addition to or as an alternative to any penalty provided in this section or by law, any person who violates the provisions of this article shall be punished in accordance with section 1-7. Such person shall be guilty of a separate offense for each day during which the violation occurs or continues. 

   

• Restoration; liens.  Any violator may be required to restore land to its undisturbed condition.  If restoration is not undertaken within a reasonable time after notice, the town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. 

   

• Notice of violation.  When the town building inspector determines that development activity is not being carried out in accordance with the requirements of this article, he shall issue a written notice of violation to the owner of the property. The notice of violation shall contain the following: 

(1)   The name and address of the owner or applicant;

(2)   The street address when available or a description of the building structure, or land upon which the violation is occurring;

(3)   A statement specifying the nature of the violation;

(4)   A description of the remedial actions necessary to bring the development activity into compliance with this article and a time schedule for completion of such remedial action;

(5)   A statement of the penalties that shall or may be assessed against the person to whom the notice of violation is directed;

(6)   A statement that the town's determination of violation may be appealed to the town council by filing a written notice of appeal within 15 days of service of notice of violation.

• Service of notice.  The notice of violation shall be served upon the person to whom it is directed either personally, in the manner provided for personal service of notices by the court of local jurisdiction or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person at his last known address. 

   

• Determination; appeal.  A notice of violation issued pursuant to this section constitutes a determination from which administrative appeal may be taken to the town council. 

For more information relating to North Carolina statutes and BMPs, see the following links:

• NC Stormwater–Related Rules and Statutes

• Universal Stormwater Management Rule

• NC Administrative Rules Relating to Water Quality including 2H .1000 “Stormwater Management”

Town of Oak Island © 2008 - All Rights Reserved

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