NC - Lenoir: CITY COUNCIL MEETING

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CITY COUNCIL MEETING

I. CALL TO ORDER

A. Moment of Silence Pledge of Allegiance

B. Presentation; K-9 Retirements and Approval of Resolutions for Service Animal Retirements.

Tagged Passions:retirement and seniors

Pursuant to N.C.G.S. 20-187.4 Disposition of Retired Service Animals, Staff respectfully requests City Council declare K-9 Cerik and K-9 Mato as

surpluses by the City to be transferred into the personal care of their current handlers, Corporal Justin Reid and Sergeant Nathaneal Blache, as recommended by Police Chief Brent Phelps and adopt the appropriate resolutions.
Tagged Passions:council, retirement, public safety, and surplus

II. MATTERS SCHEDULED FOR PUBLIC HEARINGS

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A. Phase II Stormwater Ordinance: A public hearing will be held to consider adoption of a Phase II Stormwater Ordinance as submitted and to direct

the City Clerk to codify the ordinance as Appendix C of the Lenoir Code of Ordinances.
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Note: The City of Lenoir is subject to Phase II requirements of the Clean Water Act which includes maintaining the legal authority to enforce certain

land development and code enforcement provisions related to the management of stormwater run-off and the prevention of illicit discharge and non-source point stream pollution. The attached ordinance was prepared by the Western Piedmont Council of Governments (WPCOG) in consultation with Lenoir Planning Staff and Public Works Director to comply with the state and federal requirements for Phase II communities.
Tagged Passions:planning, ordinance, council, legal, utility, development, Utility, water, Development, Public Works, public works, codes enforcement, and stormwater

B. Rezoning Request; 103 Virginia Street SW: A public hearing will be held to consider a rezoning request for property located at 103 Virginia Street

SW to be rezoned from R-9 (Mixed Density Residential) to B-6 (Transitional Business) based on the following consistency statement:
Tagged Passions:business, streets, zoning, property, and hearing

The proposed zoning map amendment is consistent with the adopted Comprehensive Plan because it facilitates straightforward zoning standards,

consistent with the adopted future land use map. The proposed amendment is reasonable and in the public interest because it will allow one development site in common ownership to follow the zoning requirements of a single zoning district and simplify development review for the site in the future.
Tagged Passions:strategic, development, zoning, and Development

AGENDA

CITY OF LENOIR

CITY COUNCIL MEETING 905 WEST AVENUE

TUESDAY, NOVEMBER 12, 2019 6:00 P.M.

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III. CONSENT AGENDA ITEMS

A. Minutes: Approval of the minutes of the City Council meeting of Tuesday, October 15, 2019, as submitted. B. Minutes: Approval of the minutes of

the Committee of the Whole meeting of Tuesday, October 22, 2019 as submitted.

C. Amended; Capital Project Budget Ordinance; Biosolids Project: Approval of an Amended Capital Project Budget Ordinance in the amount of

7,134,900.00 to appropriate funds for the Biosolids Facility Improvements Project as submitted.
Tagged Passions:funding, ordinance, facility, budget, capital spending, and Capital Spending

D. Sanitation Automated Collection Study; WPCOG: Approval of the Lenoir Sanitation Automated Collection Study proposal as prepared by the Western

Piedmont Council of Governments (WPCOG). Note: The revised proposal includes updated customer counts, route re-design and logistics, current and future operation and maintenance budgeting, solid waste ordinance review and public education assistance.
Tagged Passions:ordinance, council, budget, utility, solid waste, Utility, and education

E. Request for Meeting Time Change: City Council recommends moving back the time of the December 3 Council Meeting to 5:00 p.m. in lieu of the

regular scheduled time of 6:00 p.m. due to a meeting conflict. Note: There will only be one Council meeting in December.

IV. REQUESTS AND PETITIONS OF CITIZENS

V. REPORTS OF BOARDS AND COMMISSIONS

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VI. REPORT AND RECOMMENDATIONS OF THE CITY MANAGER

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A. Items of Information

1. The Foothills Regional Airport Authority will meet on Wednesday, November 20 at noon. 2. The annual Light-Up Lenoir Event is scheduled for

Thursday, November 21 from 4:00 p.m. 6:00 p.m. in downtown. 3. The annual Musical Light Show on the downtown square begins daily on Thursday, November 21 through Wednesday, January 1 from 6:00 p.m. 10:00 p.m.
Tagged Passions:airport, downtown, and events

4. The 6th Annual Community Turkey Tuesday is scheduled for Tuesday, November 26 at 5:00 p.m. at the Martin Luther King, Jr. Center to assist

families in need. The first 50 senior citizens or individuals with a disability will receive a turkey. This accommodation will be limited to one per person or one per vehicle. Following the distribution of these 50 turkeys, turkeys will be given out to the general public until the supply is gone. 5. The Planning Board will meet on Monday, November 25 at 5:30 p.m. at the City/County Chambers. 6 The Committee of the Whole will meet on Tuesday, November 26 at 8:30 a.m. at City Hall, Third Floor, former Council Chambers. 7. The annual Rotary Christmas Tree Festival will be held on Saturday, November 23 from 10:00 a.m. until 4:00 p.m. in downtown Lenoir. 8. City offices will be closed on Thursday, November 28 and Friday, November 29 in observance of the Thanksgiving holidays. 9. The annual Christmas Parade will be held on Friday, December 6 at 6:30 p.m. in downtown Lenoir.
Tagged Passions:planning, disability, downtown, seniors, trees, holiday, and festival

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B. Items for Council Action

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1. Resolution; Historic Properties: Pursuant to N.C.G.S. 160A-458.3, City Council does hereby resolve that the properties depicted in Exhibit A as

attached are considered part of Lenoir s Central Business District (CBD) and the rehabilitation and re-use of the buildings and associated site improvements are considered by the Lenoir City Council to be downtown development projects . Staff recommends approval of the attached resolution.
Tagged Passions:business, council, development, historic, downtown, and Development

VII. REPORT AND RECOMMENDATIONS OF THE CITY ATTORNEY

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VIII. REPORT AND RECOMMENDATIONS OF THE MAYOR

IX. REPORT AND RECOMMENDATIONS OF COUNCIL MEMBERS

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X. ADJOURNMENT

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G.S. 20-187.4 Page 1

20-187.4. Disposition of retired service animals.

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(a) Upon determination that any service animal is no longer fit or needed for public

service, the State or unit of local government may transfer ownership of the animal at a price

determined by the State or unit of local government and upon any other terms and conditions as

the State or unit of local government deems appropriate, to any of the following individuals, if

that individual agrees to accept ownership, care, and custody of the service animal:

(1) The officer or employee who had normal custody and control of the service

animal during the service animal's public service to the State or unit of local

government.

(2) A surviving spouse, or in the event such officer or employee dies unsurvived

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by a spouse, surviving children of the officer or employee killed in the line

of duty who had normal custody and control of the service animal during the

service animal's public service to the State or unit of local government.

(3) An organization or program dedicated to the assistance or support of service

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animals retired from public service.

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(b) For purposes of this section, the following definitions apply:

(1) Service animal. Any horse, dog, or other animal owned by the State or a unit of local government that performs law enforcement, public safety, or

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emergency service functions.

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(2) Unit of local government. As defined in G.S. 159-7(b)(15). (2016-101, s. 1.)

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CITY OF LENOIR

COUNCIL ACTION FORM: November 12, 2019

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I. Agenda Item:

Adoption of the Lenoir Stormwater Ordinance, to be codified as Appendix C of the Lenoir Code of Ordinances.

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II. Background Information:

The City of Lenoir is subject to Phase 2 requirements of the Clean Water Act, which includes maintaining the legal authority to enforce certain land

development and code enforcement provisions related to the management of stormwater water run-off and the prevention of illicit discharge and non-source-point stream pollution.
Tagged Passions:legal, utility, development, Utility, water, Development, codes enforcement, and stormwater

While the City has been operating under these guidelines since 2007, we were using a Caldwell County ordinance. The attached ordinance was prepared

by the Western Piedmont Council of Governments (WPCOG), in consultation with Lenoir Planning and Public Work Directors, as a part of our contract to use their services to comply with the state and federal requirements for Phase 2 communities.
Tagged Passions:planning, ordinance, council, contract, and services

The attached ordinance was developed using the model ordinance for North Carolina. Council called for a public hearing for this ordinance at the

October 22, 2019 Committee of the Whole meeting, and the public hearing was advertised in the Lenoir News Topic on November 1 and November 8, 2019.
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III. Staff Recommendation:

Adoption of the attached ordinance, and direct the Clerk to codify the ordinance as Appendix C in the Lenoir Code of Ordinances.

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IV. Reviewed by:

City Attorney: _____________________________ Finance Director: __________________________

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Planning Director:

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APPENDIX C

City of Lenoir, North Carolina

Phase II Stormwater Ordinance

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Phase II Stormwater Ordinance

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SECTION 1: GENERAL PROVISIONS 101 Title 102 Authority 103 Findings 104 Purpose 105 Applicability and Jurisdiction 106 Interpretation 107 Design

Manual 108 Relationship to Other Laws, Regulations and Private Agreements 109 Severability 110 Effective Date and Transitional Provisions
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SECTION 2: ADMINISTRATION AND PROCEDURES 201 Review and Decision-Making Entities 202 Review Procedures 203 Applications for Approval 204 Approvals

205 Appeals
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SECTION 3: STANDARDS 301 General Standards 302 Development Standards for Low-Density Projects 303 Development standards for High-Density Projects 304

Standards for Stormwater Control Measures 305 Dedication of BMPS, Facilities Improvements 306 Variances 307 Additional standards for special situations 308 Onsite wastewater
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SECTION 4: MAINTENANCE 401 General Standards for Maintenance 402 Operation and Maintenance Agreement 403 Inspection Program 404 Performance Security

for Installation and Maintenance 405 Notice to owners 406 Records of Installation and Maintenance Activities 407 Nuisance 408 Maintenance Easement
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SECTION 5: ENFORCEMENT AND VIOLATIONS 501 General 502 Remedies and Penalties 503 Procedures

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SECTION 6: DEFINITIONS 601 Terms Defined

SECTION 7: ILLICIT DISCHARGES 701 Title And Purpose 702 Authority 703 Definitions 704 Illicit Discharges And Connections 705 Right Of Entry/Powers

And Authority For Inspection 706 Enforcement

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SECTION 1: GENERAL PROVISIONS

101 TITLE

This ordinance shall be officially known as The Phase II Stormwater Ordinance. It is referred to herein as this ordinance.

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102 AUTHORITY

The City of Lenoir is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the

Constitution of North Carolina; City of Lenoir; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A, 174, 185.
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103 FINDINGS

It is hereby determined that:

Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil

erosion, stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as reducing groundwater recharge;
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These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to

public health and safety as well as to the natural environment; and
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These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites.

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Further, the Federal Water Pollution Control Act of 1972 ( Clean Water Act ) and federal Phase II Stormwater Rules promulgated under it, as well as

rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this ordinance.
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Therefore, the City of Lenoir establishes this set of water quality and quantity regulations to meet the requirements of state and federal law

regarding control of stormwater runoff and discharge.
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104 PURPOSE

(A) General

The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum

requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment [as well as illicit discharges into municipal stormwater systems]. It has been determined that proper management of construction-related and post- development stormwater runoff will minimize damage to public and private property
Tagged Passions:health, ordinance, construction, development, procedure, Conservation, environment, Development, property, and stormwater

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and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.

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(B) Specific

This ordinance seeks to meet its general purpose through the following specific objectives and means:

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

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2. Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as

practicable for the applicable design storm to reduce flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
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3. Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff

quantity and quality;
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4. Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum

post- development stormwater management standards;
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5. Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation

of greenspace, riparian buffers and other conservation areas to the maximum extent practicable;
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6. Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural stormwater BMPs to ensure that they

continue to function as designed, are maintained appropriately, and pose no threat to public safety;
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7. Establishing administrative procedures for the submission, review, approval and disapproval of stormwater management plans, for the inspection of

approved projects, and to assure appropriate long-term maintenance.
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8. Coordinating site design plans that include open space and natural areas with the City of Lenoir,

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

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105 APPLICABILITY AND JURISDICTION

(A) General

Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not

limited to, site plan
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applications, subdivision applications, and grading applications, unless exempt pursuant to Subsection (B) of this Section, Exemptions.

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(B) Exemptions

Development that cumulatively disturbs less than one acre and does not exceed 20,000 square feet or impervious area and does not include disturbances

within a stream buffer, filling or excavation in excess of 1,000 cubic yards or filling and excavation that would impact an adjoining parcel through alteration or drainage paths, ponding or water or velocity of stormwater flow is not part of a larger common plan of development or sale is exempt from the provisions of this ordinance.
Tagged Passions:ordinance, sale, utility, development, Utility, water, Development, property, and stormwater

Redevelopment that cumulatively disturbs less than one acre and does not have a net increase in impervious area and is not part of a larger common

plan of development or sale is exempt from the provisions of this ordinance.
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Development and redevelopment that disturb less than one acre are not exempt if such activities are part of a larger common plan of development or

sale, even though multiple, separate or distinct activities take place at different times on different schedules.
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Activities that are exempt from permit requirements of Section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing

farming and forestry activities) are exempt from the provisions of this ordinance.
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(C) No Development or Redevelopment Until Compliance and Permit

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No development or redevelopment shall occur except in compliance with the provisions of this ordinance or unless exempted. No development for which a

permit is required pursuant to this ordinance shall occur except in compliance with the provisions, conditions, and limitations of the permit.
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(D) Map

The provisions of this ordinance shall apply within the areas designated on the map titled Phase II Stormwater Map of City of Lenoir, North Carolina

( the Stormwater Map ), which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part of this ordinance.
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The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered

by this ordinance and the geographic location of all structural BMPs permitted under this ordinance. In the event of a dispute, the applicability of this ordinance to a particular area of land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and jurisdictional boundary ordinances.
Tagged Passions:ordinance, zoning, events, administrator, and stormwater

106 INTERPRETATION

(A) Meaning and Intent

All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set

forth in Section 104,
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Purpose. If a different or more specific meaning is given for a term defined elsewhere in City of Lenoir Code of Ordinances, the meaning and

application of the term in this ordinance shall control for purposes of application of this ordinance.1
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(B) Text Controls in Event of Conflict

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In the event of a conflict or inconsistency between the text of this ordinance and any heading, caption, figure, illustration, table, or map, the

text shall control.
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(C) Authority for Interpretation

The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting

a written request to the Stormwater Administrator, who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of this ordinance.
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(D) References to Statutes, Regulations, and Documents

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Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manual), or document, it shall be construed

as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.
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(E) Computation of Time

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of

action falls on a Saturday, Sunday, or holiday observed by the City of Lenoir, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the City of Lenoir. References to days are calendar days unless otherwise stated.
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(F) Delegation of Authority

Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of City of Lenoir may be carried out by his or her designee.

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(G) Usage

(1) Mandatory and Discretionary Terms

The words shall, must, and will are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words may

and should are permissive in nature.

(2) Conjunctions

Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word and indicates that all connected items,

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conditions, provisions and events apply. The word or indicates that one or more of the connected items, conditions, provisions or events apply.

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(3) Tense, Plurals, and Gender

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Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes

the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
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(H) Measurement and Computation

Lot area refers to the amount of horizontal land area contained inside the lot lines of a lot or site.

107 DESIGN MANUAL

(A) Reference to Design Manual

The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manual

as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-structural stormwater BMPs.
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The Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice.

Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II laws.
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(B) Relationship of Design Manual to Other Laws and Regulations

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If the specifications or guidelines of the Design Manual are more restrictive or apply a higher standard than other laws or regulations, that fact

shall not prevent application of the specifications or guidelines in the Design Manual.
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(C) Changes to Standards and Specifications

If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual are amended subsequent to the submittal

of an application for approval pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this ordinance with regard to the application.
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108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS

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(A) Conflict of Laws

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this

ordinance are in addition to the requirements of any other ordinance, rule, regulation or other provision of law. Where any provision of this ordinance imposes restrictions
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different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes

higher protective standards for human or environmental health, safety, and welfare shall control.
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(B) Private Agreements

This ordinance is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this

ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall City of Lenoir be obligated to enforce the provisions of any easements, covenants, or agreements between private parties.
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109 SEVERABILITY

If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent

jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this ordinance.
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110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS

(A) Effective Date

This Ordinance shall take effect on November 5, 2019.

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(B) Final Approvals, Complete Applications

All development and redevelopment projects for which complete and full applications were submitted and approved by the City of Lenoir prior to the

effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions.
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A phased development plan shall be deemed approved prior to the effective date of this ordinance if it has been approved by all necessary government

units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows:
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1. For the initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the

boundaries of the project and a subdivision plan that has been approved.
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2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of

development would require a material change in that phase of the plan.
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(C) Violations Continue

Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to

penalties and enforcement under this ordinance unless the use, development, construction, or other activity complies with the provisions of this ordinance.
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SECTION 2: ADMINISTRATION AND PROCEDURES

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201 REVIEW AND DECISION-MAKING ENTITIES

(A) Stormwater Administrator

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(1) Designation

A Stormwater Administrator shall be designated by the City Council to administer and enforce this ordinance.

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(2) Powers and Duties

In addition to the powers and duties that may be conferred by other provisions of the City Code of Ordinances and other laws, the Stormwater

Administrator shall have the following powers and duties under this ordinance:
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a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance.

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b. To make determinations and render interpretations of this ordinance.

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c. To establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to

the City Council on applications for development or redevelopment approvals.
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d. To enforce the provisions of this ordinance in accordance with its enforcement provisions.

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e. To maintain records, maps, forms and other official materials as relate to the adoption, amendment, enforcement, and administration of this

ordinance.
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f. To provide expertise and technical assistance to the City Council, upon request.

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g. To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator.

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h. To take any other action necessary to administer the provisions of this ordinance.

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202 REVIEW PROCEDURES

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(A) Permit Required; Must Apply for Permit

A stormwater permit is required for all development and redevelopment unless exempt pursuant to this ordinance. A permit may only be issued

subsequent to a properly submitted and reviewed permit application, pursuant to this section.
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(B) Effect of Permit

A stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including

structural BMPs and elements of site design for stormwater management other than structural BMPs.
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The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of

stormwater for the development or redevelopment site consistent with the requirements of this ordinance, whether the approach consists of structural BMPs or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of this ordinance.
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(C) Authority to File Applications

All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land owner s duly

authorized agent.
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(D) Establishment of Application Requirements, Schedule, and Fees

(1) Application Contents and Form

The Stormwater Administrator [Stormwater Advisory Board] shall establish requirements for the content and form of all applications and shall amend

and update those requirements from time to time. At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this ordinance.
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(2) Submission Schedule

The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete

applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.
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(3) Permit Review Fees

The City Council shall establish permit review fees, as well as, policies regarding refund of any fees upon withdrawal of an application, and may

amend and update the fees and policies from time to time.
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(4) Administrative Manual

For applications required under this Code, the Stormwater Administrator shall compile the application requirements, submission schedule, fee

schedule, a copy of this ordinance, and information on how and where to obtain the Design
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Manual in an Administrative Manual, which shall be made available to the public.

(E) Submittal of Complete Application

Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the

Stormwater Administrator, along with the appropriate fee established pursuant to this section.
Tagged Passions:administrator and stormwater

An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this ordinance, along

with the appropriate fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.
Tagged Passions:ordinance, administrator, and stormwater

(F) Review

Within 30 working days after a complete application is submitted, the Stormwater Administrator shall review the application and determine whether the

application complies with the standards of this ordinance.
Tagged Passions:ordinance, administrator, and stormwater

(1) Approval

If the Stormwater Administrator finds that the application complies with the standards of this ordinance, the Stormwater Administrator shall approve

the application. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be included as part of the approval.
Tagged Passions:ordinance, administrator, compliance, and stormwater

(2) Fails to Comply

If the Stormwater Administrator finds that the application fails to comply with the standards of this ordinance, the Stormwater Administrator shall

notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.
Tagged Passions:ordinance, administrator, and stormwater

(3) Revision and Subsequent Review

A complete revised application shall be reviewed by the Stormwater Administrator within 15 working days after its re-submittal and shall be approved,

approved with conditions or disapproved.
Tagged Passions:administrator and stormwater

If a revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be

considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.

One re-submittal of a revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first

re-submittal

20

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shall be accompanied by a permit review fee additional fee, as established pursuant to this ordinance.

Tagged Passions:ordinance

203 APPLICATIONS FOR APPROVAL

(A) Concept Plan and Consultation Meeting

Before a stormwater management permit application is deemed complete, the Stormwater Administrator or developer may request a consultation on a

concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans should be consulted in the discussion of the concept plan.
Tagged Passions:construction, development, subdivision, watershed, Development, administrator, and stormwater

To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance of the meeting:


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