The Town of Mooresville has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The Town of Mooresville is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The Town of Mooresville will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The Town of Mooresville, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The Town of Mooresville has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
(a) Every land parcel within the service area shall be subject to a stormwater utility service charge derived from the rate structure described below.
(b) The rate structure to distribute the cost of services associated with the operation, repair, improvement and maintenance of public drainage systems and facilities through a schedule of rates, fees, charges and penalties related to the operation of a stormwater utility and stormwater management enterprise fund as established in section 24B-4 shall be based on impervious surface area.
(c) Impervious surface area on a given land parcel is directly related to the volume, rate and pollutant loading of stormwater runoff discharged from that land parcel to the town's structural and natural drainage systems and facilities. An impervious surface area unit's charge for stormwater costs will be allocated to impervious area on an ERU basis. Impervious area rates will apply to each ERU or part thereof of impervious area.
(d) Each single-family parcel shall be charged for one (1) ERU of impervious area.
(e) There will be no service charge for land parcels with fewer than four hundred (400) square feet of impervious surface.
The schedule of rates, fees, charges and penalties related to this article shall be adopted after notice and a public hearing as required by G.S. 160A-314(a1)(1). As set out in G.S. 160A-314(a1)(1), the hearing may be held concurrently with the public hearing on the town's proposed budget. The schedule of rates, fees, charges and penalties shall apply to all land parcels within the service area, except as may be altered by credits or exemptions provided in this article.
(a) Method of billing. Billing and collection of the stormwater utility service charges for stormwater management services and facilities shall be included on the utility bill under the general administration of the town's business office and shall be payable in the same manner as other utility fees and charges.
(1) Stormwater bills for a property that receives water and/or sewer service from the town will be sent to the customer receiving such service on a land parcel. Where multiple water and/or sewer accounts exist for a single land parcel, the stormwater bill may be divided between the bills or assigned to the master account.
(2) Stormwater bills for a property with no existing water or sewer service will be sent to the property owner as a utility bill with no fees or charges except the stormwater charge, until such time as additional utility services are provided to the land parcel.
(b) Delinquencies. Stormwater utility service charge billings that are not paid within the time allowed for the payment of water utility charges shall be collected by any remedy provided by law for collecting and enforcing private debts or in any other manner authorized by law. The town reserves the right to discontinue service for an account that remains delinquent as provided by G.S. 160A-314(b).
(c) Application of payment. Payment will be applied to a customer's bill in the following order:
(1) Interest, to the extent allowed by law.
(2) Civil penalties assessed pursuant to this article.
(3) Stormwater utility service charge.
(4) Other utility service charges and fees, when applicable.
(d) Appeal of disputed bills and adjustments. If any citizen wishes to dispute a stormwater utility service charge billing or any other rents, rates, fees, charges or penalties adopted pursuant to this article, such citizen must submit a written appeal within thirty (30) days of receipt of the billing, stating the reasons for the appeal, and providing information pertinent to the calculation of the billed charge. A timely appeal shall stay the penalty deadlines. An appeal of a disputed bill shall be filed with the town engineer for review and disposition. If the citizen is not satisfied with the disposition of the appeal, the citizen may further appeal the disputed charge to the deputy town manager for review and disposition. If the citizen is not satisfied with the disposition of this appeal, the citizen may further appeal the disputed charge to the town manager or his designee who shall make the final ruling on the validity of the appeal.
(e) Collection of delinquencies. The administrative remedies provided in this chapter shall be exhausted before recourse to a court of competent jurisdiction.
Stormwater utility service charge and fee revenues shall be assigned and dedicated solely to the stormwater management enterprise fund in the town budget and accounting system, which shall be and remain separate from other funds, and shall be used only to fund identified stormwater management program activities. The services charges and fees paid to and collected by virtue of the provision of this article shall not be used for general or other governmental or proprietary purposes of the town, except to pay for costs incurred by the town in rendering services associated with the stormwater utility or stormwater management program.
(a) Statement of policy. Except as provided in this section, no public or private property shall be exempt from stormwater management service charges or receive a credit or offset against such stormwater management service charges. No exemption or reduction in stormwater management service charges shall be granted based on the age, tax or economic status, race, or religion of the customer, or other condition unrelated to the cost of providing stormwater services and facilities.
(b) Exemptions. No public or private property shall be exempt from stormwater utility service charges, with the following exceptions:
(1) All land parcels owned by the Town of Mooresville shall be exempt from town stormwater utility service charges.
(2) Public road rights-of-way that have been accepted for maintenance by the North Carolina Department of Transportation or which have been accepted for maintenance by the town pursuant to the North Carolina Street-Aid (Powell Bill) Program, or any successor or equivalent program later adopted, and that are available for use by the general public for transportation purposes, shall be exempt from town stormwater utility service charges. This exemption shall not apply to internal site roadways located within public facilities.
(3) Railroad rights-of-way used or formerly used for trackage shall be exempt from town stormwater utility service charges. This exemption shall not be construed to apply to railroad stations, maintenance buildings, or other developed land used for railroad purposes.
(c) Credits. Stormwater utility service charge credits may be allowed upon adoption of a Credit Manual by the board, based upon the following:
(1) Non-single-family residential parcels that provide measures to mitigate the impacts of runoff on the stormwater system may be eligible for one (1) or more credits to the impervious area units charge portion of the stormwater utility service charge, proportional to the extent those measures address the impacts of peak discharge and total runoff volume from the site.
(2) A Credit Manual may be approved by the board and placed on file with the town clerk at which time it shall be followed in establishing applicable credits to a customer's stormwater utility service charge.
(3) Each credit allowed against a customer's impervious area units charge portion of the stormwater utility service charge shall be conditioned on continuing compliance with the performance standards set forth in the Credit Manual and/or the applicable standards set out in any town ordinances existing at the time of construction of such facilities and may be rescinded for noncompliance with those standards.
(4) Each credit for which a customer applies shall be subject to review and approval by the town engineer. The town engineer may approve or reject any application for a credit in whole or in part.
(a) Function of BMPs as intended. The owner of each structural BMP installed pursuant to this chapter shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed.
(b) Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP installed pursuant to this chapter shall submit to the stormwater program specialist an inspection report from one (1) of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, or any other person otherwise authorized by the Town of Mooresville Stormwater Program Specialist for stormwater treatment practice inspection and maintenance. The inspection report shall contain all of the following:
(1) The name and address of the land owner;
(2) The recorded book and page number of the lot of each structural BMP;
(3) A statement that an inspection was made of all structural BMPs;
(4) The date the inspection was made;
(5) A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this chapter; and
(6) The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the stormwater program specialist. An original inspection report shall be provided to the stormwater program specialist beginning January 1st of the calendar year after the date of as-built certification and each year thereafter on or before March 31st of that calendar year. The stormwater program specialist will notify the person responsible for maintenance beginning January 1st of each consecutive calendar year.
(a) In general. Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this chapter, and prior to the issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this chapter, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the operation and maintenance agreement.
(b) The operation and maintenance agreement shall require the owner or owners to construct, maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to Town of Mooresville a right of entry in the event that the stormwater program specialist has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on Town of Mooresville to assume responsibility for the structural BMP.
(c) The operation and maintenance agreement must be approved by the stormwater program specialist prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county register of deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the stormwater program specialist within fourteen (14) days following its recordation.
(d) For all structural BMPs required pursuant to this chapter the required operation and maintenance agreement shall include all of the following provisions:
(1) Acknowledgment that the owner or owners shall continuously operate and maintain the stormwater control and management facilities.
(2) Grant to the Town of Mooresville a right of entry to inspect, monitor, maintain, repair and reconstruct structural BMPs.
(3) Allow the Town of Mooresville to recover from the owner or owner's any and all costs the Town of Mooresville expends to maintain or repair the structural BMPs, pursuant to article VI, Enforcement and Violations, below.
(4) A statement that this agreement shall not obligate the Town of Mooresville to maintain or repair any structural BMPs, and the Town of Mooresville shall not be liable to any person for the condition or operation of structural BMPs.
(5) A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Mooresville to enforce any of its ordinances as authorized by law.
(6) A provision indemnifying and holding harmless the Town of Mooresville for any costs and injuries arising from or related to the structural BMP, unless the Town of Mooresville has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.
(a) Creation and management of a stormwater structural best management practice ("BMP") replacement fund.
(1) The stormwater structural best management practice ("BMP") replacement fund ("the fund") shall be created and maintained by the Town of Mooresville to receive payments made pursuant to subsection 25-21(b), below, by any owner of a development or redevelopment (as such terms are defined in article VII of this chapter).
(2) The Town of Mooresville may pool all payments to the fund, but shall keep the payments separate from, and shall not commingle the payments with, other stormwater funds and non-stormwater funds.
(3) Monies in the fund may be invested in the manner allowed in G.S. 159-30 for the investment of other public monies. All income/interest derived, therefrom, shall be returned to the fund. Monies in the fund shall only be used to defray the cost of capital expenses associated with the design, construction, reconstruction, and repair of structural best management practices ("BMPs"); as such term and its abbreviation are defined in article VII of this chapter.
(b) Payments to the stormwater structural BMP replacement fund. The Town of Mooresville shall require payment to the fund prior to the issuance of any permit for a development or redevelopment, in order to ensure that the BMP is installed/constructed by the owner or owners, as required by the approved stormwater management plan, and maintained, as required by the operation and maintenance agreement. Payment required hereunder, shall equal four (4) percent of the construction cost of the BMP. The payment may be calculated in accordance with guidelines issued by the stormwater program specialist, which may include the use of a sealed engineer's estimate of construction costs or a construction bid tab.
(c) Loans from fund-eligibility for, use of, and terms of repayment.
(1) Any owner or owners of a BMP, for which money has already been paid into the fund, and who has executed an operation and maintenance agreement with the Town of Mooresville, per section 25-20, and to whom the Town of Mooresville has approved the issuance or transfer any permit as applies to this chapter, may apply for a loan from the fund, provided that:
a. The BMP has failed;
b. The owner or owners do not have the financial resources to repair the BMP; and
c. The owner or owners are not currently delinquent in the repayment of any monies previously borrowed from the Town of Mooresville.
(2) The Town of Mooresville shall determine, in its reasonable discretion, whether the owner or owners meet the standards set forth above.
(3) The owner or owners shall repay from the fund in accordance with the Town of Mooresville's policy for the payment of assessments, at an interest rate not to exceed the maximum authorized by G.S. 160A-233.
(4) As security for the repayment of the loan, the owner or owners shall grant the Town of Mooresville a contractual lien, via the operation and maintenance agreement, on all of the property subject any permit as it applies to the this chapter. The lien shall be imposed only if the owner or owners default on its repayment obligation. Said lien shall be in addition to the lien required by section 25-23 of this article, to guarantee the costs of construction, reconstruction, maintenance and repair of the BMP.
(d) Agreements to repay loans from the fund.
(1) Agreements to repay loans from the fund shall be recorded establishing the obligation of all future transferees of the property under the permit as it applies to this chapter to repay any loans from the fund. These agreements shall run with the land, protect the Town of Mooresville, and provide that the Town of Mooresville has the right to enforce the agreements. Failure to comply with the agreements shall be deemed a violation of this article.
(2) Plats. The final plat for any development or redevelopment subject to a permit as it applies to this chapter and developed under the stormwater quality management provisions of this article shall contain a legend referencing the agreement to repay any loans from the fund.
(3) Disclosure statement. The continuous ongoing obligation of all subsequent property owners to repay any loans from the fund shall be disclosed in all deeds or conveyance. Deeds for the property or any part, thereof, subsequently presented for recording to the office of the register of deeds, shall contain a full disclosure regarding the obligation to repay any potential loans from the fund, together with the agreements and any liens pertaining to the repayment of said loans.
(e) City use of fund monies for BMP repairs. The Town of Mooresville may use the monies in the fund to design, construct, reconstruct, and repair BMPs located on property which is subject to foreclosure or bankruptcy proceedings or on which the owner or owners has been unwilling to make repairs.
(a) Inspections and inspection programs by Town of Mooresville may be conducted or established on any reasonable basis, including but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs.
(b) If the owner or occupant of any property refuses to permit such inspection, the stormwater program specialist shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the stormwater program specialist while carrying out his or her official duties.
(a) May be required. The Town of Mooresville 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 in order to ensure that the structural BMPs are:
(1) Installed by the permit holder as required by the approved stormwater management plan; and/or
(2) Maintained by the owner as required by the operation and maintenance agreement.
(b) Amount.
(1) Installation. The amount of an installation performance security shall be the total estimated construction cost of the BMPs, or conversion cost if the BMP location is first being used for erosion control purposes, approved under the permit, plus fifty (50) percent.
(2) Maintenance. The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation. It shall be provided by the engineer of record and sealed by a registered professional engineer licensed in North Carolina.
(c) Uses of performance security.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this chapter, approvals issued pursuant to this chapter, or an operation and maintenance agreement established pursuant to this chapter.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the stormwater program specialist shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the Town of Mooresville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in excess of performance security. If the Town of Mooresville takes action upon such failure by the applicant or owner, the Town of Mooresville may collect from the applicant or owner the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.
(4) Refund. Within sixty (60) days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus twenty-five (25) percent) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one (1) year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.
(a) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land in manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the state, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverted stream flows;
(4) Rising groundwaters;
(5) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20));
(6) Uncontaminated pumped groundwater;
(7) Discharges from potable water sources;
(8) Foundation drains;
(9) Air conditioning condensation;
(10) Irrigation water;
(11) Springs;
(12) Water from crawl space pumps;
(13) Footing drains;
(14) Lawn watering;
(15) Individual residential car washing;
(16) Flows from riparian habitats and wetlands;
(17) Dechlorinated swimming pool discharges;
(18) Street wash water; and
(19) Other non-stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town of Mooresville Phase II Post Construction and Illicit Discharge and Connection Ordinance.
Prohibited substances include but are not limited to: oil, anti-freeze, chemicals, animal waste, paints, garbage and litter.
(b) Illicit connections.
(1)Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (a) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, wastewater from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic systems.
(2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one (1) year following the effective date of this chapter. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife or habitat.
(3) Where it is determined that said connection:
a. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife or habitat; or
b. Was made in violation of any applicable regulation or ordinance, other than this section.
(4) The stormwater program specialist shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the stormwater program specialist shall take into consideration:
a. The quantity and complexity of the work;
b. The consequences of delay;
c. The potential harm to the environment, to the public health, and to public and private property; and
d. The cost of remedying the damage.
(c) Spills.
(1) Spills or leaks of polluting substances released, discharged to, or having the potential to released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their preexisting condition.
(2) Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the Town of Mooresville Fire Department of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by state or other law.
(d) Nuisance. Illicit discharges and illicit connections which exist within the Town of Mooresville municipal jurisdiction are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in the Town of Mooresville Code of Ordinances.
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