Last Updated 08/20/2026
Excerpt from Mooresville Stormwater Ordinance
ARTICLE I. – STORMWATER MANAGEMENT PROGRAM ESTABLISHED
Sec. 25-19. - Rate structure.
Sec. 25-19. - Rate structure.
(a) Every parcel within the service area shall be subject to a stormwater utility service charge derived from the rate structure described in this section.
(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 the town’s stormwater utility and stormwater management enterprise fund as established in this chapter shall be based on impervious surface area.
(c) Impervious surface area on a parcel is directly related to the volume, rate, and pollutant loading of stormwater runoff discharged from that 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 SFR shall be charged for one (1) ERU of impervious area.
(e) There will be no service charge for parcels with fewer than four hundred (400) square feet of impervious surface unless the parcel is part of a larger development.
Sec. 25-20. - Schedule of fees and charges.
The schedule of rates, fees, charges, and penalties provided in this article shall be adopted after notice and a public hearing in conformance with G.S. 160A-314. The hearing may be held concurrently with the public hearing on the town’s proposed budget ordinance. The schedule of rates, fees, charges, and penalties shall apply to all parcels within the service area, except as may be altered by credits or exemptions provided in this article.
Sec. 25-21. - Billing and collection.
(a) Billing and collection of the stormwater utility service charges and any penalties 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 parcel that receives water and/or sewer service from the town will be sent to the customer receiving such service on a parcel. Where multiple water and/or sewer accounts exist for a single parcel, the stormwater bill may be divided between the bills or assigned to the master account.
(2) Stormwater bills for a parcel 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 parcel.
(b) 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 for more than ten (10) days as provided by G.S. 160A-314.
(c) 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) Any customer who wishes to dispute their stormwater utility service charge billing or any other rents, rates, fees, charges or penalties adopted pursuant to this article assessed to the customer shall do so in the following manner:
(1) The customer must submit a written appeal to the stormwater manager within thirty (30) days of issuance of the billing. The written appeal must state the reasons for the appeal and provide information pertinent to the calculation of the billed charge. At the discretion of the stormwater manager, the appeal may be required to include a survey prepared by a registered land surveyor and such other information that show the total property area, the impervious surface area, and any other features or conditions which influence the hydrologic response of the property to stormwater events. Failure to file an appeal within the applicable time period shall constitute a waiver of the right to contest the billing.
(2) A timely and complete appeal shall stay the penalty deadlines and any further accrual of penalties until a decision is made upon the appeal. An appeal shall not be considered complete until all information required by the stormwater manager has been submitted.
(3) The stormwater manager will review the appeal and may adjust the stormwater service charge so long as the adjustment is in conformance with the general purpose and intent of this chapter. At the conclusion of the review, the stormwater manager shall issue a written determination stating whether an adjustment to the stormwater service charge is appropriate, and if so, the percentage of such adjustment.
(4) If the customer is not satisfied with the stormwater manager’s decision on appeal, the customer may further appeal the disputed charge to the town manager or the town manager’s designee in writing within thirty (30 days) after the written decision of the stormwater manager. The appeal shall include a written statement to the town manager stating the grounds for the appeal and providing the town manager with a copy of the stormwater manager’s written decision. The stormwater manager shall transmit to the town manager and the customer all documents constituting the record upon which the stormwater manager’s decision was made. The town manager shall set a time and date for the customer to be heard on their appeal and shall make the final ruling on the validity of the appeal. When an appeal is from a decision authorizing an adjustment to the customer’s bill, the stormwater manager’s decision shall remain in effect until and unless reversed or otherwise modified by the town manager.
(e) The administrative remedies provided in this article shall be exhausted before recourse to a court of competent jurisdiction.
Sec. 25-22. - Disposition of service charges and fees.
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 pursuant to 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.
Sec. 25-23. - Exemptions and credits applicable to stormwater service charges.
(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, credit, offset or other 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 demand for and 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 parcels owned by the town 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. Credits against stormwater utility service charges may be established by the board for adjusting fees, rates, rentals, charges, fines, and penalties, under some circumstances, to account for applicable mitigation measures. If established by the board, the means and measures for identifying, issuing, and obtaining credits will be provided in a credit manual approved by the board and based upon the following:
(1) NSFRs that provide measures to mitigate the impacts of runoff on the stormwater system may be eligible for one (1) or more credits to reduce 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 approved by the board shall be 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 to reduce 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 stormwater manager. The stormwater manager may approve or reject any application for a credit in whole or in part.
(5) Credits shall be conditioned upon the continuing performance of the mitigation systems, facilities, measures, or actions in reference to standards provided in the adopted credit manual and may be revised or rescinded for cause. In no case shall credits exceed the amount of the stormwater management service charge.
Sec. 25-24. - Limitation of liability.
No action or inaction of the town pursuant to this chapter shall impose upon the town, its agents, officers, or employees, any responsibility or liability of any kind, past or future, relating to any person or property. No action by the town, including but not limited to, funding of work on drainage system components not owned by the town, shall be considered as a taking or appropriation of, or assumption of responsibility for, any stream, drain, ditch or other drainage system feature that is outside town-owned property or right-of-way. Town participation in work on drainage system components outside of the right-of-way is limited to the extent to which funds are available for such purpose and no entitlement to receive funds for such work arises from this chapter. The town’s evaluation, construction or repair of stormwater control measures and drainage facilities does not constitute a warranty against stormwater hazards, including, but not limited to, flooding, erosion, or standing water.
ARTICLE IV. - STANDARDS
Sec. 25-34. - Standards for stormwater control measures.
(a) Evaluation according to the design manual. All SCMs required under this chapter shall be evaluated by the stormwater manager according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the design manual. The stormwater manager shall determine whether proposed SCMs will be adequate to meet the requirements of this chapter.
(b) Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the design manual will be presumed to meet the minimum water quality and quantity performance standards of this chapter. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this chapter. The stormwater manager may require the applicant to provide the documentation, calculations, and examples necessary for the stormwater manager to determine whether such an affirmative showing is made.
(c) Separation from seasonal high-water table. For SCMs that require a separation from the seasonal high-water table, the separation shall be provided by at least twelve (12) inches of naturally occurring soil above the seasonal high-water table.
Sec. 25-35. - Variances.
(a) Any aggrieved person with standing may petition the town’s board of adjustment for a variance to alter the strict application of this article. A petition for variance, in the form prescribed by the stormwater manager, shall be filed with the stormwater manager accompanied by a nonrefundable filing fee as established by the town’s schedule of fees. The petition must be accompanied by a list of adjoining properties, their tax parcel numbers and the name and address of each owner. Upon receipt of a variance petition, the stormwater manager shall transmit copies of all information regarding the variance request to the board of adjustment. The stormwater manager shall schedule the hearing and issue the proper notices regarding the time and place of hearing to the petitioner and to all owners of the subject property and all adjacent properties. The hearing shall be conducted in the nature of a quasi-judicial proceeding.
(b) To qualify for a variance, the petitioner must receive a four-fifths affirmative vote as to each of the following findings of fact:
(1) Unnecessary hardships would result from strict application of this article.
(2) The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property.
(3) The hardships did not result from actions taken by the petitioner.
(4) The requested variance is consistent with the spirit, purpose, and intent of this article; will secure public safety and welfare; and will preserve substantial justice.
(c) The Town of Mooresville may impose reasonable and appropriate conditions and safeguards upon any variance it grants.
(d) Within a reasonable time following the quasi-judicial hearing, the board of adjustment will make a decision based on the review standards in this section. The decision shall be to approve the variance, approve the variance with conditions, or to deny the variance. Decisions shall be documented in writing and signed by the chair. The decision shall be filed with the stormwater manager and delivered to all parties by personal delivery, email, or first class mail. The stormwater manager shall record an approved variance with the Iredell County Register of Deeds within thirty (30) days of its issuance. All decisions of the board of adjustment shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court by the later of thirty (30) days after:
(1) The decision of the board of adjustment is filed with the stormwater manager; or
(2) A written copy thereof is delivered to the petitioner, the landowner if different from the petitioner, and every aggrieved party who has filed a written request for such copy with the board of adjustment at the time of its hearing of the case.
(e) Following denial of an application for a variance, the town shall not accept an application for a similar variance request affecting the same property or properties for a period of one (1) year, unless substantial new evidence is presented, as approved by the stormwater manager.
ARTICLE V. - MAINTENANCE
Sec. 25-40. - General standards for maintenance.
(a) Operation and maintenance of SCMs. The owner of each SCM installed pursuant to this chapter shall operate and maintain 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 SCM was designed.
(b) Annual maintenance inspection and report. The person responsible for maintenance of any SCM installed pursuant to this chapter shall submit to the stormwater manager 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 an individual holding a current stormwater SCM inspection and maintenance certification from North Carolina State University Department of Biological and Agricultural Engineering Extension (NCSU-BAE). Additional qualified professionals may be authorized by the stormwater manager 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 SCM;
(3) A statement that an inspection was made of all SCMs;
(4) The date the inspection was made;
(5) A statement that all inspected SCMs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this chapter;
(6) The original signature and seal of the engineer, surveyor, or landscape architect. For individuals holding a stormwater SCM inspection and maintenance certification, a current certification number shall be included in place of a seal; and
(7) If owner is a homeowners’ association, property owners’ association, or similar entity, a copy of the financial statement showing the balance of the segregated funds account will be required.
All inspection reports shall be on forms supplied by the stormwater manager. An original inspection report shall be provided to the stormwater manager beginning January 1st of the calendar year after the date of as-built certification and each year thereafter. Annual due date for inspections will be set by the stormwater manager who will notify the person responsible for maintenance beginning January 1st of each consecutive calendar year.
Sec. 25-41. - Operation and maintenance agreement.
(a) In general.
(1) Prior to the conveyance or transfer of any parcel to be served by an SCM pursuant to this chapter, and prior to the issuance of any permit for development or redevelopment requiring an SCM 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 parcel or portions of the parcel served by the SCM. Until the transference of all property, sites, or lots served by the SCM, the original owner or applicant shall have primary responsibility for carrying out the provisions of the operation and maintenance agreement.
(2) The operation and maintenance agreement shall require the owner to construct, maintain, repair, and, if necessary, reconstruct the SCM, and shall state the terms, conditions, and schedule of maintenance for the SCM. In addition, it shall grant to the town a right of entry in the event that the stormwater manager has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the SCM. In no case, however, shall the right of entry itself confer an obligation on the town to assume responsibility for the SCM.
(3) The operation and maintenance agreement must be approved by the stormwater manager prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the Iredell County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the stormwater manager within fourteen (14) days following its recordation.
(4) For all SCMs required pursuant to this chapter, the required operation and maintenance agreement shall include all of the following provisions:
a. Acknowledgment that the owner shall continuously operate and maintain the SCM.
b. Grant to the town a right of entry to inspect, monitor, maintain, repair, and reconstruct SCMs.
c. Allow the town to recover from the owner any and all costs the town expends to maintain or repair the SCMs, pursuant to this chapter.
d. A statement that the operation and maintenance agreement shall not obligate the town to maintain or repair any SCMs, and the town shall not be liable to any person for the condition or operation of the SCMs.
e. A statement that the operation and maintenance agreement shall not in any way diminish, limit, or restrict the right of the town to enforce any of its ordinances as authorized by law.
f. A provision establishing a segregated funds account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the SCMs. If SCMs are not performing adequately or as intended or are not properly maintained, the town, in its sole discretion, may remedy the situation, and in such instances, the town shall be fully reimbursed from the segregated funds account. Segregated funds may be spent by the owner for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the SCMs, provided that the town shall first consent to the expenditure. Payments into the segregated funds account shall be in accordance with subsection (b) below, for homeowners associations, property owners associations or similar entities. The provision of payments for other owners into the segregated funds account shall follow the same procedure outlined in subsection (b) below, with the exception that all funds shall be paid by the owner initially and yearly thereafter instead of being a portion of association fees.
g. A provision indemnifying and holding harmless the town for any costs and injuries arising from or related to the SCM, unless the town has agreed in writing to assume the maintenance responsibility for the SCM and has accepted dedication of any and all rights necessary to carry out that maintenance.
(b) Requirements for homeowner’s and other associations. For all SCMs required pursuant to this chapter that will be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include the following provision:
(1) Both developer contribution and annual sinking funds shall fund the segregated funds account, which shall contain at full funding an amount equal to ten (10) percent of the initial cost of construction of the SCMs. Upon completion of initial construction and acceptance thereof per local regulation, the developer shall pay an amount equal to five (5) percent of the initial cost of construction of the SCMs into the segregated funds account. Thereafter, on an annual basis, an amount equal to one (1) percent of the original cost of the SCM shall be added to the segregated funds account via sinking fund or developer contribution such that the total amount of the segregated funds account within five (5) years after acceptance reaches ten (10) percent of the initial cost of construction of the SCMs. Funds shall be deposited each year into the segregated funds account and evidence thereof shall be provided to the stormwater manager in a form deemed acceptable by the stormwater manager. A portion of the annual assessments of the association shall include an allocation into the segregated funds account. Any funds drawn down from the segregated funds account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.
Sec. 25-42. - Inspection program.
(a) Inspections by the town may be conducted or established on a 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 of surface water, ground water, and material or water in the SCMs, and evaluating the condition of SCMs.
(b) If the owner or occupant of any property refuses to permit such inspection, the stormwater manager shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2. No person shall obstruct, hamper or interfere with the stormwater manager while carrying out his or her official duties.
Sec. 25-44. - Notice to owners.
(a) Deed recordation and indications on plat. The operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable, pertaining to every SCM shall be referenced on the final plat and shall be recorded with the Iredell County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the parcel, then the operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable, shall be recorded with the Iredell County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted title searching principles.
(b) Signage. Where appropriate in the determination of the stormwater manager to assure compliance with this chapter, SCMs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible.
Sec. 25-45. - Records of installation and maintenance activities.
The owner of each SCM shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the stormwater manager.
Sec. 25-46. - Nuisance.
The owner of each SCM shall maintain it so as not to create or result in a nuisance.
Sec. 25-47. - Maintenance easement.
Every SCM installed pursuant to this chapter shall be made accessible for adequate maintenance and repair by a maintenance easement. The easement shall be recorded, and its terms shall specify who may make use of the easement and for what purposes.
ARTICLE VII. - ENFORCEMENT AND VIOLATIONS
Sec. 25-51. - General.
(a) Authority to enforce. The provisions of this chapter shall be enforced by the stormwater manager, his or her designee, or any authorized agent of the town.
(b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this chapter, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this chapter, is unlawful and shall constitute a violation of this chapter.
(c) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense.
(d) Responsible persons/entities.
(1) Those persons who erect, construct, reconstruct, alter (whether actively or passively), or maintain, or fail to erect, construct, reconstruct, alter, repair or maintain, any structure, SCM, practice, or condition in violation of this chapter shall be jointly and severally responsible for such violations and subject to the remedies, penalties, and/or enforcement actions in accordance with this article.
(2) Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this chapter, or fails to take appropriate action, so that a violation of this chapter results or persists: or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs.
(3) For the purposes of this article, responsible person(s) shall include, but not be limited to:
a. Person maintaining condition resulting in or constituting violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this chapter, or fails to take appropriate action, so that a violation of this chapter results or persists.
b. Responsibility for land or use of land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property.
Sec. 25-52. - Remedies and penalties.
The remedies and penalties provided for violations of this chapter shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.
(1) Remedies.
a. Withholding a certificate of occupancy. The stormwater manager or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the parcel and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.
b. Disapproval of subsequent permits and development approvals. As long as a violation of this chapter continues and remains uncorrected, the stormwater manager or other authorized agent may withhold, and the town may disapprove, any request for permit or development approval or authorization provided for by this chapter or any other chapter contained the Town of Mooresville Code of Ordinances or the UDO for the parcel on which the violation occurs.
c. Injunction. Abatements, etc. The town attorney, or other authorized agent, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction, order of abatement, or other civil action to correct a violation of this chapter. Any person violating this chapter shall be subject to the full range of equitable remedies provided in the North Carolina General Statutes or at common law.
d. Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is located in the town’s municipal limits, or within one (1) mile thereof, the stormwater manager, with the written authorization of the town manager may cause the violation to be corrected and the costs to be assessed as a lien against the parcel in accordance with G.S. 160A-193.
e. Stop work order. The stormwater manager may issue a stop work order to the person violating this chapter. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation.
(2) Civil penalties. Violation of this chapter may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within thirty (30) days after notice of the violation is issued by the stormwater manager. Civil penalties may be assessed up to five thousand dollars ($5,000.00) for each violation. Each day that any violation continues after receipt of written notice of such violation shall constitute a separate violation and separate offence for purposes of the penalties specified herein. Should the town be penalized under its Phase II permit as a result of a violation in excess of five thousand dollars ($5,000.00), the town may assess such additional amount to the violator.
a. Illicit discharges.
-
- Yard waste and household products.
i. If the quantity of the discharge is equal to or less than five (5) gallons and consists of yard waste, domestic or household products in quantities considered ordinary for household purposes, said person shall be issued a written notice of violation in accordance with subsection 25-53(c) describing the offense and any corrective action(s) necessary to mitigate the discharge and prevent its recurrence. If the corrective action(s) are not completed by the date specified by the stormwater program manager, or a written request for extension of time for correction is not received, the offender shall be assessed a Class I civil penalty.
ii. If the quantity of the discharge is greater than five (5) gallons or contains non-domestic substances, including, but not limited to, process wastewater, the offender shall be assessed a Class I civil penalty.
2. Waste products and bulk sales. First-time offenders who discharge into the MS4 any substance that is a by product of a commercial or industrial process, or any substance that was purchased at a bulk sales location, shall be assessed a Class II civil penalty.
3. Repeat offenders. A person who discharges into the MS4 in violation of this article more than once within a twelve-month period shall be assessed a civil penalty at one (1) class level higher than the class assessed for a first-time offender of the substance and/or volume discharged.
b. Illicit connections.
- First-time offenders shall be assessed a Class III civil penalty.
- A person who is found to have violated this section more than once within a twelve-month period shall be assessed a Class IV civil penalty.
c. Penalty considerations. The stormwater manager shall take the following into consideration when determining assessment of civil penalties:
- The degree and extent of harm to the environment, public health, and property.
- The cost of remedying the damage.
- The willfulness of the violation.
- The duration of the violation.
- The violator’s prior record in complying or failing to comply with this article.
- The amount of money saved by the violator by noncompliance.
d. Schedule of penalties. The following civil penalties shall be imposed up to the amount shown for each class, upon the person found to be in violation of this article:
- Class I: civil penalty not to exceed one hundred dollars ($100.00) per day per violation.
- 2. Class II: civil penalty not to exceed five hundred dollars ($500.00) per day per violation.
- 3. Class III: civil penalty not to exceed one thousand dollars ($1,000.00) per day per violation.
- 4. Class IV: civil penalty not to exceed five thousand dollars ($5,000.00) per day per violation.
e. Other remedies still required. Assessment of a civil penalty does not exempt the violator from the responsibility to perform other remedies as allowed in this article.
Sec. 25-53. - Enforcement procedures.
(a) Initiation/complaint. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof and shall be filed with the stormwater manager, who shall record the complaint. The complaint shall be investigated promptly by the stormwater manager.
(b) Inspection. The stormwater manager shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this chapter.
(c) Notice of violation and order to correct.
(1) When the stormwater manager finds that any building, structure, or land is in violation of this chapter, the stormwater manager shall send a notice of violation, in writing, to the property owner or other person violating this chapter. The notification shall indicate the nature of the violation, contain the address or other description of the parcel upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt.
(2) The stormwater manager may deliver the notice of violation and correction order personally, by the Town of Mooresville Police Department, Iredell County Sheriff’s Department, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure.
(3) If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater manager may take appropriate action under this chapter to correct and abate the violation and to ensure compliance with this chapter.
(d) Extension of time. A person who receives a notice of violation and correction order, or the owner of the parcel on which the violation occurs, may submit to the stormwater manager a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the stormwater manager may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding thirty (30) days. The stormwater manager may grant ten-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this chapter. The stormwater manager may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order.
(e) Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the stormwater manager, the stormwater manager shall determine if the violation is corrected. If the violation is not corrected, the stormwater manager may act to impose one (1) or more of the remedies and penalties authorized by this chapter.
(f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this chapter or pose an immediate danger to the public health, safety, or welfare, then the stormwater manager may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater manager may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article.
Sec. 25-54. - Appeals.
(a) Right of appeal. Except as otherwise provided in sections 25-21 and 25-35, any aggrieved person affected by any decision, including any permit, notice of violation, order, requirement, or any other determination relating to the application of this chapter made by the stormwater manager, may file an appeal to the town board of adjustment within thirty (30) days of the date of the decision. Failure to file an appeal within this time period shall constitute a waiver of the right to contest the decision.
(b) Appeal procedure. Appeals of a decision shall be taken by filing a notice of appeal and specifying the grounds for appeal on forms provided by the stormwater manager. The stormwater manager shall transmit to the board of adjustment all documents constituting the record on which the decision appealed from was taken. The hearing conducted by the board of adjustment shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by competent, material evidence.
(c) Superior Court review. A decision of the board of adjustment on any appeal filed pursuant to this section may be appealed to Superior Court within thirty (30) days after a written copy of the board of adjustment’s decision is given in accordance with G.S. 160D-406 and 160D-1405(d).
View State Page
Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Mooresville?
Post-construction stormwater management covers the ongoing operation and maintenance of structural BMPs on your property, keeping them functioning at the same degree and amount of performance for which they were originally designed. If your Mooresville property has a structural BMP installed under an approved stormwater plan, that plan comes with a permanent maintenance obligation, not a one-time construction requirement. AQUALIS provides full post-construction stormwater management for property owners across Mooresville, so BMPs stay compliant long after a project is finished.
How often does Mooresville require stormwater BMP inspections, and when is the report due?
Mooresville requires an annual maintenance inspection performed by a qualified professional, such as a licensed engineer, surveyor, or landscape architect, with the resulting report submitted to the town’s stormwater program specialist by March 31st every year. Missing this deadline puts a Mooresville property at risk of falling out of compliance before the year even gets started. AQUALIS schedules and manages these annual qualified inspections for Mooresville property owners, ensuring the March 31st deadline is met every year.
What is an operation and maintenance agreement, and does it apply to my Mooresville property?
Before a stormwater permit is issued or a property changes hands in Mooresville, the owner must execute a binding operation and maintenance agreement covering the construction, maintenance, repair, and if necessary reconstruction of the site’s BMP. This agreement grants the town inspection and entry rights but explicitly states that the town assumes no responsibility for maintaining the system itself. AQUALIS reviews existing operation and maintenance agreements for Mooresville property owners and manages the maintenance activity the agreement requires.
What happens if my stormwater BMP in Mooresville is not preserving its designed function?
If a structural BMP in Mooresville is not maintained to the degree of function it was designed for, the property owner is responsible for correcting the issue, and the town has the authority to inspect the property, sample discharges, and issue a notice of violation for noncompliance. Property owners cannot obstruct these inspections, and refusal can lead to an administrative search warrant. AQUALIS provides maintenance and non-compliance resolution for Mooresville property owners, correcting BMP issues before they escalate into a violation.
Who is responsible for BMP maintenance if I bought a Mooresville property with an existing stormwater system?
Because operation and maintenance agreements in Mooresville are executed before property transfer, the maintenance obligation and the annual March 31st inspection reporting requirement carry over to the new owner automatically, regardless of who built or originally permitted the system. This is a common surprise for buyers of previously developed property in Mooresville. AQUALIS steps in as the party managing this ongoing responsibility, reviewing what agreement is on file and taking over the required maintenance and reporting.
Where can property owners in Mooresville get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Mooresville involves a binding operation and maintenance agreement, annual inspections due by March 31st, a BMP replacement fund, performance security, and the risk of a notice of violation if any part of it is neglected. Managing all of this without dedicated stormwater staff is difficult for most property owners. AQUALIS offers complete post-construction stormwater management for Mooresville property owners, covering maintenance, annual inspection coordination, financial obligation tracking, and non-compliance resolution, so owners can meet the town’s requirements without managing the process themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
