n c phase i i stormwater model ordinance（n c阶段我雨水模型条例）（56页）.docVIP

Phase II Stormwater Model Ordinance for North Carolina By Richard Whisnant and Betsy Kane UNC School of Government Revision history --changes from 9/7/05 version: Numerous changes to conform to 2006 Stormwater bill, SL 2006-246. Notably: -revised standards for design storm and drawdown rate -special provisions for Shellfish Resource Waters and CAMA projects -separation from seasonal high water table for certain BMPs -explicit authorization for clustered development -conformed vested rights provisions for phased development plans -statutory exceptions to buffers, deed restrictions and protective covenant requirements -conformed definitions: Development, redevelopment, low-densiyt project, owner Editorial and typographical changes suggested by Sarah Bruce, Triangle J COG and others Additional types of persons authorized to do inspections --Changes from 7/1/05 draft: Corrected reference to the Code of Federal Regulations (CFR) in XX-105(B), Exemptions (p. 12 of the 7/1/05 pdf file)—reference should read “40 CFR 232” rather than “40 CFR 302.” --changes from 5/19/05 draft. -§ 105(D) added reference to local zoning and jurisdictional boundary ordinances as potentially important authority for determinations about site-specific applicability. § 108(A) Comment--added reference to nuisance code provisions as potentially conflicting with Phase II stormwater § 203 – removed stray right bracket. § 306 Comment--added cautionary note about accepting BMPs for maintenance. § 402(B)--in light of concerns about failure of BMPs owned by homeowners associations, added hold harmless clause for local governments that must take over BMP maintenance due to failure of the homeowners association to keep a BMP functioning correctly. § 503(C)--added comment noting potential need for enhanced notice and opportunity to correct violations if the stormwater ordinance is enacted and administered as an exercise of the units planning and zoning authority.