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Article 7: Stormwater Management
Section 7.1. General Provisions
7.1.3. Authority
April 2013
Morrisville, NC
Page 7-2
Unified Development Ordinance - Public Review Draft
3.
Establishing minimum post-development stormwater management standards and design criteria
for the regulation and control of stormwater runoff quantity and quality;
4.
Establishing design and review criteria for the construction, function, and use of structural
stormwater best management practices (BMPs) that may be used to meet the minimum post-
development stormwater management standards;
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;
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;
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.
8.
Controlling illicit discharges into the municipal separate stormwater system.
7.1.3.
Authority
The Morrisville Town Council is authorized to adopt this article pursuant to North Carolina law, including
but not limited to Article 14, Section 5 of the Constitution of North Carolina; North Carolina General
Statutes Chapter 143-214.7 and rules promulgated by the Environmental Management Commission
thereunder; Chapter 143-215.6A; Session Laws 2009-216, 2009-484; Chapter 153A-454; Chapter
160A, §§ 174, 185, 459.
7.1.4.
Applicability and Jurisdiction
A.
General
Beginning with and subsequent to its effective date, this article shall be applicable to all development and
redevelopment—including, but not limited to, applications for Site Plan Approval, Subdivision Approval,
Construction Plan Approval, and grading approval—unless exempt pursuant to this article.
B.
Exemptions
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1.
Single-family detached, duplex, and manufactured home dwellings and recreational
development and redevelopment that cumulatively disturbs less than one acre and are not part
of a larger common plan of development or sale are exempt from the provisions of this article.
2.
Commercial, industrial, institutional, single-family attached and multifamily residential, or local
government development and redevelopment that cumulatively disturbs less than one-half acre
and are not part of a larger common plan of development or sale are exempt from the
provisions of this article.
3.
Development and redevelopment that disturbs less than the above thresholds are not exempt if
such activities are part of a larger common plan of development or sale and the larger common
plan exceeds the relevant threshold, even though multiple, separate, or distinct activities take
place at different times on different schedules.
4.
Development or redevelopment that is 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) is exempt from the provisions of this article.
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This carries forward the exemptions in Sec. 105(B) of the current Stormwater Management Ordinance, modifying them only to
replace the reference to ―single family and duplex residential‖ in the first provision with the more specific ―single-family detached,
duplex, or manufactured home dwellings,‖ and adding ―single-family attached‖ to the second provision.