(3) Spills . Spills or leaks having the potential to discharge into a stormwater conveyance system shall be abated in accordance with the following standards:
A. Spills or Leaks Discharge . Spills or leaks of polluting substance released, discharged to, or having the potential to be released or discharge to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed. All affected areas shall be restored to their pre-existing condition. B. Responsible Person(s) . Persons in control of the polluting substance immediately prior to their release or discharge, and persons owning the property on which the substance were released or discharge, shall immediately notify the Stormwater Administrator, Public Utilities Director, and/or Fire Chief, as appropriate, of the release or discharge, as well as making any required notifications under State and Federal law. (4) Nuisance . Illicit discharges and illicit connections which exist within the Town limits or within one (1) mile thereof are hereby found, deemed and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in the Town Code of Ordinances, Part 8 Offenses, Chapter 4 Health, Sanitation & Public Nuisances, §8-4002 Nuisances Prohibited, Enumeration.
h. Effective Date
(1) Effective Date . This section shall take effect on July 1, 2024. Upon this effective date, any and all previous versions of this section are hereby repealed and replaced.
(2) Final Approvals, Complete Applications . All development and expansion of development projects for which complete and full applications were submitted to the Town of Fuquay- Varina prior to the effective date of this ordinance may be exempted from complying with all provisions of this ordinance dealing with the control and/or management of stormwater by the choice of the developer. A phased development plan shall be deemed complete prior to the effective date of this section, and it shows:
A. For the initial or first phase of development or expansion 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.
B. For any subsequent phase of development or expansion of development, sufficient detail so that implementation of the requirements of this section to that phase of development would require a material change in that phase of the plan.
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