HomeMy WebLinkAboutArticle 7 - Stormwater Management_Updated_11-14-2022
Unified Development Ordinance | New Hanover County, NC 7-1
Article 7: Stormwater Management
[11-14-2022]
Section 7.1. Title
This Article may be cited as the “New Hanover County Stormwater Management Ordinance.”
Section 7.2. Purpose
The purpose of this article is to protect and promote the health, safety and general welfare of
the public; and to safeguard the natural and manmade resources of the County by regulating
stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon
existing and proposed development activities and establishing procedures by which these
requirements and conditions are to be administered and enforced.
Section 7.3. Authority and Jurisdiction
A. The provisions of this article are adopted under the authority granted by the
General Assembly of North Carolina.
B. The regulations set forth in this article shall be applicable to all territory within the
unincorporated areas of the County.
Section 7.4. Objectives
The objectives of this article are to:
A. Establish the County's stormwater management program;
B. Identify areas prone to flooding;
C. Prevent the creation of new floodprone areas;
D. Reduce the discharge of stormwater runoff to the maximum extent practicable by
controlling discharge rates;
E. Reduce erosion associated with stormwater runoff;
F. Provide for the inspection and proper maintenance of structural and nonstructural
stormwater control measures and;
G. Provide for the enforcement of the County's stormwater management program in
the unincorporated portions of the County.
Section 7.5. Incorporation of Design Manual by Reference
The New Hanover County Stormwater Design Manual, as approved by the New Hanover
County Board of Commissioners, with subsequent amendments approved by the County
Manager, is adopted by reference as part of this article and shall be available through the
Engineering Department.
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Section 7.6. Definitions
For the purpose of this Article, the following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
APPLICANT
The owner of a site who submits a plan for a project pursuant to this article.
APPLICATION
The application form to be submitted by applicant for a plan for a project pursuant to this article.
STORMWATER PERMIT
The County will issue a Stormwater Permit following the satisfactory review of the application
form and supporting documents demonstrating the applicant has satisfied the requirements of
this article.
BEST MANAGEMENT PRACTICE (BMP)
A structural or nonstructural management-based practice used singularly or in combination to
reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater
management goals. (see also Stormwater Control Measure and Facility)
BUILT-UPON AREA
Impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil including but
not limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area"
does not include a slatted deck; the water area of a swimming pool; a surface of number 57
stone, as designated by the American Society for Testing and Materials, laid at least four inches
thick over a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either
unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than
0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not
limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or
bicycle traffic or on portions of driveways and parking areas that will not be compacted by the
weight of a vehicle, such as the area between sections of pavement that support the weight of a
vehicle.
CERTIFICATE OF COMPLETION
A signed, sealed and dated certificate prepared by an authorized design professional which
states that the construction authorized by the Stormwater Permit as issued by the County has
been completed.
CERTIFICATE OF OCCUPANCY
The certificate from the County inspections department allowing the occupancy of a building.
COMMON PLAN OF DEVELOPMENT
A site where multiple separate and distinct development activities may be taking place at
different times on different schedules but governed by a single development plan regardless of
ownership of the parcels. Information that may be used to determine a "common plan of
development" include plats, blueprints, marketing plans, contracts, building permits, public
notices or hearings, zoning requests, and infrastructure development plans.
CONNECTION
Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in
any way affect the operation or maintenance of the receiving stormwater conveyance.
Unified Development Ordinance | New Hanover County, NC 7-3
DESIGN PROFESSIONAL
The individual meeting North Carolina occupational licensing requirements who designs the
proposed stormwater system.
DETENTION
The collection and storage of stormwater runoff with subsequent discharge to surface waters.
DEVELOPED LAND
Parcels altered from a natural state by construction or installation of impervious surfaces. For
new construction, the County shall consider parcels developed upon the issuance of a Land
Disturbing Permit or Building Permit or Stormwater Permit or Certificate of Occupancy
Stormwater Permit pursuant to this article.
DEVELOPER
A person engaged in land, site or building development.
DEVELOPMENT
Any activity for which a building permit or a land disturbing permit is required, or where any land
disturbing activity occurs, and that does not provide greater or equal stormwater control to that
of the previous development.
DRAINAGE NUISANCE
The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater
conveyances and includes Stormwater Control Measures and associated conveyances that are
not performing as designed.
DRAINAGE PLAN
For development not requiring a stormwater permit, a plan showing existing drainage features,
direction of stormwater runoff and details demonstrating how existing drainage patterns will be
maintained.
EXCAVATION
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar
material is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING DEVELOPMENT
Development that, prior to the effective date of this ordinance, has either been lawfully
constructed or has established a vested right under North Carolina law to construct a proposed
project or portion thereof. With regard to application of this ordinance, a vested right will be
recognized as follows:
1. For development that does not require a state permit, a vested right shall exist for any
portion of a development that has an approved or a completed written or subdivision plat
covering that portion. A “completed application” is one that meets all application
requirements, including payment of all required fees and submission of all required
information, prior to the effective date of this ordinance. A vested right shall expire if the
validity of an approved or completed application or approval is not continuously maintained
as otherwise required under this Article.
2. For development that requires a state permit, vested rights shall be recognized if the
project meets all the requirements of A) above, and additionally has received necessary
state permits required for the use or for construction.
FACILITY
A structural stormwater management-based measure used singularly or in combination to
reduce flow to receiving waters to achieve stormwater management goals, and shall include all
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land, materials, and appurtenances used in construction and operation of the facility. Facilities
may include, but are not necessarily limited to, constructed wetlands, infiltration systems,
retention ponds, detention ponds, grassed swales, and ditches. (see also Best Management
Practice and Stormwater Control Measure)
FILL
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any
similar material is deposited, placed, pushed, pulled or transported.
FLOODPLAIN
Any area susceptible to being inundated by water from any source. All development activity
governed by this article shall be evaluated for the flood conditions anticipated for the 100-year
frequency storm.
GRADING
Any act causing disturbance of the earth. Grading shall include but not be limited to any
excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or
any combination of such activities.
IMPERVIOUS
Any material that impedes or prevents the natural filtration of water into the soil.
IMPERVIOUS SURFACE
Developed areas of land that prevent or significantly impede the infiltration of Stormwater into
the soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways,
patios, swimming pools, private driveways, parking lots, access extensions, alleys and other
paved, engineered, compacted or gravel surfaces containing materials that prevent or
significantly impede the natural infiltration of Stormwater into the soil.
IMPERVIOUSNESS
The degree to which a site is impervious.
INFILTRATION
The recharge of stormwater runoff into the subsurface soil.
LAND DISTURBING ACTIVITY
Any earth movement and land use changes which may result in soil erosion or the movement of
sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading,
excavating, stripping, filling and related activities, and the covering of land surfaces with any
structure, impermeable, or partially-impermeable material. Mowing and bush hogging
operations, which does not disturb the root mat, shall not be considered land-disturbing activity.
NATURAL GROUND SURFACE
The ground surface in its original state before any land disturbing activity.
NATURAL STATE
Existing undeveloped land where the soil and vegetation characteristics have not been
substantially modified or disturbed by human activities and the hydrologic function is in an
unaltered or natural condition.
OFF-SITE FACILITY
With respect to any particular property, a stormwater management facility serving the property
but not located on the property.
Unified Development Ordinance | New Hanover County, NC 7-5
ON-SITE FACILITY
With respect to any particular property, a stormwater management facility serving such property
and located on such property.
OWNER
The owner or owners of a site on which land disturbing activity is, will or has been done.
PERMIT
Any and all permits required by federal, state and local ordinances and regulations.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Any individual, corporation, partnership, joint venture, agency, unincorporated association,
municipal corporation, County, state or federal agency, or any combination thereof.
PHASED DEVELOPMENT
The development of land by phasing over an extended period of time.
POST-DEVELOPMENT STATE
A site in its proposed condition following the completion of a development activity.
PREDEVELOPMENT STATE
A site in its natural state prior to any development activity.
REDEVELOPMENT
The substantial modification of an existing developed area. Redevelopment does not include
projects limited strictly to interior remodeling. When additional development occurs at a site that
has existing development, the built-upon area of the existing development shall not be included
in the density calculations for additional stormwater control requirements, and stormwater
control requirements cannot be applied retroactively to existing development
RETENTION
The collection and storage of stormwater runoff without subsequent discharge to surface
waters.
SEDIMENT CONTROL (LAND DISTURBANCE) PERMIT
The sediment control permit issued by the County or the state authorizing land disturbing
activities in accordance with applicable ordinances and regulations.
SITE
That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land
upon which development is to be performed.
STORM FREQUENCY
The average recurrence interval, in years, between rainfall events which equal or exceed the
given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur
on the average, at least once in two years, and of a duration which will produce the peak rate of
runoff for the watershed of interest).
STORMWATER CONTROL MEASURE (SCM)
A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other
stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from
stormwater runoff. The term includes all measures formerly known as “best management
practices” or “BMPs”. Such measures include but are not limited to stormwater detention
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facilities, constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems,
vegetative areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant
drainage facilities. (see also Best Management Practice and Facility)
STORMWATER CONVEYANCE
Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry
stormwater in a concentrated flow. It does not include stormwater control measures, best
management practices, and stormwater facilities whose purpose is to manage the quantity or
quality of stormwater.
STORMWATER DESIGN MANUAL
The current New Hanover County Storm Water Design Manual available from the Engineering
Department.
STORMWATER DISCHARGE
Runoff of water resulting from precipitation in any form.
STORMWATER MANAGEMENT
Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls
consist of vegetative, structural and other measures which control or treat pollutants carried by
runoff. Quantitative controls consist of vegetative and structural measures which control the
increased volume and rate of surface runoff caused by manmade changes to the land and have
the effect of maintaining the predevelopment patterns of flood magnitude and frequency.
STORMWATER MANAGEMENT PLAN
A plan designed in accordance with the County stormwater design manual to minimize flooding,
water quality impacts and erosion, prevent off-site sedimentation and manage stormwater
runoff, submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared
and designed in accordance with this article, all other County regulations, and applicable state
and federal laws and regulations.
STORMWATER SYSTEM
All manmade structures or natural features within the County that serve to provide for
conveyance of stormwater runoff water resulting from natural storm events. Components of the
stormwater system include but are not limited to swales, ditches, pipes, channels, creeks,
ponds, weirs, culverts, manholes, swales, inlet structures and infiltration fields.
SUPPORTING DOCUMENTS
Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation
and maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S. Army
Corps of Engineers, soils investigation data, and other such material as may be required by the
County to review the application for Stormwater Permit for a project pursuant to this article.
UNDEVELOPED LAND
Land that does not meet the definition of developed land.
WATERCOURSE AND DRAINAGEWAY
Any natural or artificial feature, including, but not limited to: streams, rivers, creeks, ponds,
lakes, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or
washes in which waters flow in a definite direction or course, either continuously or
intermittently; and including any area adjacent thereto which is subject to inundation by reason
of overflow of floodwater.
WETLANDS (404 WETLANDS)
Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands.
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Section 7.7. Policies
7.7.1. COUNTY’S ROLE
The County has a role in the management of stormwater through authorization,
planning, construction, operation, and maintenance of facilities to reduce the
adverse effects of stormwater runoff and to satisfy state and federal statutes and
regulations. It is the intent of the County for Stormwater Services to ensure proper
conveyance of stormwater through provision of limited maintenance for some
portions of stormwater conveyances on private property in accordance with
administrative policies.
7.7.2. PROPERTY OWNER RESPONSIBILITY
Although the County Stormwater Services intends to provide limited maintenance
on private property, it shall remain the ultimate responsibility of individual property
owners of developed or undeveloped land within the unincorporated areas of the
County, to maintain stormwater conveyance facilities, such as waterways, streams,
creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater
control facilities, such as ponds and lakes within their property. Where conditions of
existing stormwater facilities are determined to be deficient or a public nuisance,
and the property owner fails to correct the deficiencies after being notified by the
County, the County may arrange for the deficiencies to be corrected and recover all
costs thereto from the property owner. However, the recovery of costs from
property owners is subject to appeal as described in Section 7.17.
7.7.3. LIMITATIONS OF ARTICLE
This article does not imply that properties within the unincorporated area shall
always be free from flooding or flood damage, surface water stagnation or nonpoint
source pollution or that all flood control and water treatment projects to control the
quantity and quality of runoff can be cost-effectively constructed. Nothing in this
article shall create additional duties on the part of the County or hold the County
liable for any damages incurred in a flood or from adverse water quality due to
stormwater runoff. Nothing in this article shall waive the County's immunity or
defenses under state law or reduce the need or necessity for flood insurance.
7.7.4. CONSISTENCY WITH COUNTY, STATE, FEDERAL RULES AND REGULATIONS
The requirements of this article shall be enacted, administered, and enforced
consistently with the requirements of the County, state and federal government for
controlling stormwater quality and quantity. If the requirements of this article are
found to conflict with other rules and regulations of the County, the state, or the
federal government, the more stringent or higher requirements shall govern unless
limited by state or federal law.
Section 7.8. Development Plans and Permits
7.8.1. STORMWATER MANAGEMENT STANDARDS
All land within the unincorporated areas of the County to be developed shall have
sufficient stormwater conveyances and control measures to ensure the protection
of life, property, and natural resources from increased quantity of runoff.
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Development subject to this article shall, at a minimum, provide stormwater
conveyances designed to properly convey stormwater runoff for post-development
conditions during the 2-year, 10-year, and 25-year frequency storm events and
shall provide adequate stormwater control measures to mitigate the increased
runoff from the post-development conditions during the 2-year, 10-year, and 25-
year frequency storm events such that the discharge rate leaving the development
in post-development condition does not exceed the pre-development rates.
A. Drainage Plan Requirement:
Submittal and approval of a Drainage Plan is required for all development unless all
of the following conditions are met.
1. The development does not result in additional built upon area;
2. The development does not include the importation of any fill material;
3. The development does not alter the capacity or pattern of any existing
drainage conveyance systems or involve the piping of any open
conveyance; and
4. The development provides greater or equal stormwater control to that of
the previous development.
It is the responsibility of an applicant to provide sufficient information in the
Drainage Plan so the County or its agents may reasonably evaluate the
characteristics of stormwater modifications, the potential and predicted impacts of
the proposed activity on adjacent areas, and the effectiveness and acceptability of
those measures proposed by the applicant for reducing adverse impacts. The
applicant shall provide, as necessary, maps, tables, photographs, narrative
descriptions and explanations to demonstrate compliance with the County's
stormwater management standards.
The Drainage Plan need not be prepared by a registered design professional.
However, the County will consider plans and additional alternatives to meet the
stormwater requirements if prepared by a registered design professional. An on-site
meeting with the County Engineer or his/her designee is strongly encouraged prior
to plan preparation.
The Drainage Plan shall be submitted as part of the application for a building permit
or land disturbing permit.
B. Stormwater Permit Requirement:
A Stormwater Permit and Stormwater Management Plan are required for any
development activity that will result in the accumulation of 10,000 square feet or
more of built upon area on any site or as part of a common plan of development. A
one-time exemption may be granted for the addition of 3,000 square feet of built
upon area when the existing built upon area exceeds 10,000 square feet or will
exceed 10,000 square feet upon the addition of 3,000 square feet of new built upon
area.
1. Required stormwater control measures shall be designed, constructed
and maintained by the owner of the property in accordance with the
provisions of this article.
Unified Development Ordinance | New Hanover County, NC 7-9
2. The County Engineer may require submittal of a stormwater impact
analysis and additional stormwater control measures for development at
or upstream of documented flooding cases or where stormwater runoff
from the site may cause adverse effects on other public or private
properties. The stormwater impact analysis shall evaluate downstream
conditions and make design recommendations for improvements to
maintain adequate stormwater management per this article. Analysis
must be conducted to the next downstream facility (i.e. NCDOT culvert or
natural water body).
Section 7.9. Plan Review
A. The application and supporting documents shall be reviewed by the County or its
agents. Upon satisfactory review of the application form and supporting documents
whereby the County finds that the application and supporting documents are
consistent with the requirements of the ordinance from which this article is derived,
the County will issue a Stormwater Permit. If no action is taken by the County within
the time limits specified in the design manual, the project will be deemed to have
been approved and the County will take appropriate action.
B. The review of the application and supporting documents by the County shall
determine if the request submittal is complete and in accordance with the
requirements of the ordinance from which this article is derived. Nothing in the
review shall create additional duties on the part of the County that are the
responsibilities of the owner and the design professional.
Section 7.10. Operation and Maintenance
The owner shall be responsible for the operation and maintenance of required permitted
stormwater control facilities and conveyances serving those facilities. If repairs are needed to
the stormwater facilities and associated conveyances, the owners of record, as ascertained
from the County tax record or other public documents that the County personnel may choose to
examine, shall be responsible for making the repairs.
Section 7.11. Transfer of Ownership
A. Transfer of Ownership Authorization for Stormwater Control Facilities Falling
within Common Areas of a Development
Ownership of stormwater control facilities falling within the common areas of a
development shall not be transferred without the written authorization of the County.
The application form to transfer ownership may be obtained from County
Engineering. The application fee for requesting authorization to change ownership
shall be based on a fee schedule approved by the County Board of Commissioners.
B. Transfer of Ownership of Stormwater Control Facilities Not Falling within
Common Areas of a Development
Ownership of stormwater control facilities, including, but not limited to grassed
swales, ditches and water-carrying devices, that fall within the deeded areas of an
individual parcel or home site, shall not be transferred with the passing of a general
warranty deed without the written authorization of the County. The deed restrictions
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are to state that the owner will continue to operate and maintain the facilities in
accordance with the conditions, obligations and duties of the Stormwater Permit and
the ordinance from which this article is derived. Acceptance of the general warranty
deed shall be a certification that the proposed owner(s) will continue to operate and
maintain the stormwater control facilities in accordance with the conditions,
obligations and duties of the Stormwater Permit and the ordinance from which this
article is derived.
Section 7.12. Variance Requests
A design variance from the requirement to provide management of post-development runoff of
this article must be requested in advance in writing. A final permit will be issued to the applicant
subject to verification and certification by the County Engineer that the final design meets the
requirements identified in the original written variance request. All other provisions of the article
remain applicable to development within the unincorporated areas.
Section 7.13. Right of Entry
A. The County shall have right-of-entry on or upon the property of any person subject
to this article and any construction authorization issued under this article. The
County shall be provided ready access to all parts of the premises for the purposes
of inspection, monitoring, sampling, inventory, records examination and copying,
and the performance of any other duties necessary to determine compliance with
this article.
B. Where a person has security measures in force which require proper identification
and clearance before entry into its premises, the person shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the County will be permitted to enter without delay for the purposes of
performing specific responsibilities.
C. The County shall have the right to set up on the person's property such devices as
are necessary to conduct sampling and/or metering of the person's operations as it
applies to this article.
D. Any temporary or permanent obstruction to safe and easy access to the areas to be
inspected and/or monitored shall be removed promptly by the person at the written
or verbal request of the County. The costs of clearing such access shall be borne
by the person.
E. The County may inspect the facilities of any user to ensure compliance with this
article. Such inspection shall be made with the consent of the owner, manager or
signatory official. The County may seek issuance of an administrative search
warrant if such consent is refused.
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Section 7.14. Violations
Any of the following shall be a violation of this article and shall be subject to the enforcement
remedies and penalties provided by this article and by state law.
A. Development without permit
To engage in any development or redevelopment, subject to the jurisdiction of this
article without all required certificates or other forms of authorization as set forth in
this article.
B. Development inconsistent with permit
To engage in any development, use, construction, remodeling or other activity of
any nature in any way inconsistent with any approved required certificate or other
form of authorization granted for such activity.
C. Violation by act or omission
To violate, by act or omission, any term, variance, modification, condition or
qualification placed by the County or its agent boards upon any required permit,
certificate or other form of authorization of the use, development or other activity
upon land or improvements on the land.
D. Use in violation
To erect, construct, reconstruct, alter, repair, convert, maintain or use any building
or structure, or to use any land in violation or contravention of this article or any
other regulation made under the authority conferred by this article.
E. Continuation
To continue any of the violations listed in subsections (A) through (D) of Section
7.14 is a separate and distinct offense for each day.
Section 7.15. Public Nuisances
A. Drainage Nuisances
The following conditions shall constitute a detriment, danger and hazard to the
health, safety, morals and general welfare of the inhabitants of the County and shall
be public nuisances wherever such conditions may exist. The creation,
maintenance or failure to abate any nuisance is hereby declared unlawful.
1. Any condition which blocks, hinders or obstructs in any way the natural
flow of branches, streams, creeks, surface waters, ditches or drains to the
extent that the premises is not free from standing water.
2. Any conditions whereas earth, sediment, or other natural or man-made
material is placed, washes or erodes onto a natural or manmade swale,
ditch, pipe, channel or water body, either on or off-site, so as to block,
hinder, impair or obstruct positive water flow, in the reasonable discretion
of the County Engineer.
3. Flooding caused by improper or inadequate drainage from private
property which interferes with the use of, or endangers in any way the
streets, sidewalks, parks or other county owned property of any kind
provided that such determination shall be made by the County Engineer.
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4. Any collection of stagnant water for which no adequate drainage is
provided and which is, or is likely to become, a nuisance.
5. Any stormwater retention or impoundment device determined to be
operating improperly by the County Engineer or his designee.
B. Notice to abate; emergency abatement by County
If any person shall violate the provisions of this article, it shall be the duty of the
County to give notice to the owner or to any person in possession of the subject
property, directing that all unlawful conditions existing upon the property be abated
within ten days from the date of such notice or within ten days from the date of a
final decision if appealed to the County Manager or designee. If the County
determines that the unlawful condition poses an imminent danger or peril to the
public, then an authorized representative of the County may, without notice,
proceed to abate the unlawful condition. The cost thereof shall be charged against
the property as a lien collectible in the same manner as ad valorem taxes.
C. Abatement by County where owner fails to abate
Upon the failure of the owner or person in possession of any premises to abate
within ten days any unlawful condition existing on the premises, it shall be the duty
of an authorized representative of the County to cause the removal and abatement
of such unlawful condition.
Section 7.16. Enforcement
Any or all of the following procedures may be used to enforce the provisions of this article.
A. Injunction
Any violation of this article or of any condition, order, requirement or remedy
adopted pursuant hereto may be restrained, corrected, abated, mandated or
enjoined by other appropriate proceeding pursuant to state law.
B. Civil Penalties
Any person who violates any provisions of this article shall be subject to the
assessment of a civil penalty.
C. Denial of Permit
The County shall withhold or deny any permit, certificate or other authorization on
any land, building, structure or use in which there is an uncorrected violation of a
provision of this article, or of a condition or qualification of a previously granted
permit, certificate or other authorization.
D. Conditional Permit or Temporary Certificate
The County may condition the authorization of any permit or certificate upon the
correction of the deficiency, payment of civil penalties within a specified time, or the
posting of a compliance security approved by appropriate government authority.
E. Revocation of Permit
The County may revoke and require the return of a permit or certificate by notifying
the permit holder in writing, stating the reason for the revocation. Permits or
certificates shall be revoked for any substantial departure from the approved
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application plans or specifications; refusal or failure to comply with the requirements
of state or local law; or for false statements or misrepresentations made in securing
the permit or certificate. Any permit or certificate mistakenly issued in violation of
any applicable state or local law may also be revoked.
F. Criminal Penalties
Any violation of this article shall be a misdemeanor or infraction as provided by
NCGS 14-4. Each violation shall be subject to a fine not to exceed $500.00.
G. Judicial Enforcement
When any person is in violation of the provisions of this article, the County, through
the County attorney, may petition the superior court of justice for the issuance of a
restraining order or a preliminary and permanent injunction which restrains or
compels the activities in question.
Section 7.17. Appeals
A. Any Person subject to an administrative decision or enforcement under this article
may appeal such decisions or enforcement actions to the County Engineer.
B. Any person assessed a civil penalty or ordered to abate a nuisance under this
article shall have the right to a hearing before the County Manager or the
Manager's designee upon making a written demand to the County Manager
specifying the issues to be contested, within 14 days following receipt of the
assessment or abatement notice.
C. Unless such written demand is made within the time specified in subsection (a) of
this section, the action shall be final and binding.
D. The County Manager or the Manager's designee shall make a final decision on the
contested penalty or abatement notice within 30 days of the receipt of the written
demand for a hearing.
E. The County Manager or the Manager's designee shall transmit a copy of the
decision by registered or certified mail.
F. The decision of the County Manager or the Manager's designee shall be
considered the final administrative action for the purposes of judicial review.
However, a person assessed a penalty or ordered to abate a nuisance may petition
the board of County commissioners requesting review of the County Manager's
final decision. The petition must be presented to the clerk of the board within five
days following receipt of the County Manager's final decision. Any review by the
board shall be solely at its discretion.
Section 7.18. Judicial Review
Any person may seek judicial review of a final administrative decision by the County Manager or
the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of
notice by registered or certified mail, but not thereafter, with the superior court of the County and
with a copy to the County Manager.
7-4 New Hanover County, NC | Unified Development Ordinance
Section 7.19. Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.
Section 7.20. Effective Date
June 7, 2021