(2) Authority . The Town Board of Fuquay-Varina is authorized to adopt these Stormwater Management Regulations pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; the Charter and Other Related Laws of the Town of Fuquay-Varina; North Carolina General Statutes §143-214.7 and rules promulgated by the Environmental Management Commission (EMC) thereunder; Session Law 2004-163; as well as Chapter 143-215.6A; Chapter 153A-454 & Chapter 153A, Article 18; Chapter 160A, §§ 174, 185; Chapter 160A, Article 19 (Planning and Regulation of Development); & Chapter 160D, Articles 2, 3, 4, 7, & 8, specifically §§ 174, 185, 404, & 459.
(3)
Findings . It is hereby determined that:
A. Alteration of Hydrologic . Development and redevelopment alter the hydrologic response of local watersheds and increases 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. B. Increased Quantities of Water-Borne Pollutants . These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology which are harmful to public health and safety as well as to the natural environment. C. Apply Proper Design Controls & Management . These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites. D. Phase II Stormwater Rules . 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 Regulations, compel certain urbanized areas, including this jurisdiction, to adopt the minimum stormwater controls such as those included in this Phase II Requirements. E. Neuse Rules. Further, the EMC has identified the Neuse River Basin Estuary, as nutrient sensitive waters; has identified all or a portion of the estuary as impaired waters under the federal Clean Water Act due to exceedances of the chlorophyll a standard; and has promulgated rules (the “Neuse Rules”) to reduce the average annual loads of nitrogen delivered to the estuary from all point and nonpoint sources of these nutrients located within its watershed, including stormwater from new development within the Town;
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