Section
52.01 Purpose
52.02 Scope
52.03 Applicability and exemptions
52.04 Definitions
52.05 Review and decision-making entities
52.06 Review and appeals procedure
52.07 Permit application and plans
52.08 Maintenance manual
52.09 As-built plans and specifications
52.10 Stormwater management objectives
52.11 Stormwater management design standards
52.12 Stormwater design manual
52.13 Construction and maintenance
52.14 Performance security and maintenance
52.15 Completion
52.16 Assurance that improvements will be maintained
52.17 Maintenance
52.99 Penalty
(A) The stormwater management regulations of this chapter shall protect, maintain, and enhance the public health, safety, environment, and general welfare by establishing minimum requirements and procedures to control the adverse effects of stormwater runoff associated with new development.
(B) Proper management of stormwater runoff will protect property; control stream channel erosion; prevent increased flooding associated with new development; protect floodplains, wetlands, water resources, riparian, and aquatic ecosystems; and otherwise provide for environmentally sound use of the county’s natural resources.
(2013 Code, § 20-1)
(A) The stormwater management regulations of this chapter do not apply to any of the following development activities:
(1) Activities, including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to humans, including, but not limited to:
(a) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts;
(b) Dairy animals and apiary products;
(c) Poultry and poultry products;
(d) Livestock, including beef cattle, sheep, swine, horses, ponies, mules, and goats;
(e) Bees and daily products; or
(f) Fur-producing animals.
(2) Activities undertaken on forest land for the production or harvesting of timber and timber products and conducted in accordance with best management practices as set out in Forest Practice Guidelines Related to Water Quality;
(3) Activities for which a permit is required under the mining act, G.S. §§ 74-46 et seq.;
(4) Commercial development on lots less than one half acre;
(5) Residential development that disturbs less than one acre, including, total build out of the site, if it is not part of a larger plan of development that is greater than one acre; or
(6) Any development in which the owner has accrued a vested right. A vested right is recognized if either a preliminary plan has been approved by the County Planning Board that meets the required specifications and standards of county ordinances, or a land-disturbing permit has been issued pursuant to county soil erosion and sedimentation control ordinance in effect on or before the effective date of this chapter, and that such plan or permit remains un expired.
(B) A party in interest to a particular plan found to have no vested right to construct or develop on or before the effective date of this chapter may appeal to the County Board of Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has a vested right to construct or develop his or her site under plans submitted prior to the effective date of this chapter.
(C) Redevelopment or expansions to uses included in the above categories are not subject to the stormwater requirements unless it would result in an expansion of impervious surface on commercial lots in size equal to or greater than one-half acre, would result in commercial redevelopment where more than 50% of the square footage of a structure is replaced on a lot in size equal to or greater than one-half acre, or would result in a total developed acreage of one acre for residential development.
(2013 Code, § 20-3)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. An owner or developer of a site who executes the stormwater permit application pursuant to this chapter.
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 drainage ways.
CONVEYANCE. Any feature of the landscape or earth, human-made or natural that carries water in a concentrated flow.
DETAIN. To store and slowly release stormwater runoff following precipitation by means of a surface depression or tank and an outlet structure.
DEVELOPMENT. Any land-disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as redevelopment.
DRAINAGE STRUCTURES. Shall include swales, channels, and storm sewers, curb inlets, yard inlets, culverts, and other structures designed or used to convey stormwater.
IMPERVIOUS SURFACE. Any surface that, in whole or in part, restricts, or prevents the natural absorption of water into the ground. Such surfaces may include, but are not limited to, gravel, concrete, asphalt, or other paving material, and all areas covered by the footprint of buildings or structures.
LAND-DISTURBING ACTIVITY. Any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, including road construction and maintenance, that results in a change in the natural cover or topography.
ONE-YEAR, 24-HOUR STORM. The surface runoff resulting from a 24-hour rainfall of intensity expected to be equaled or exceeded, on average, once in 12 months and with duration of 24-hours.
RETAIN. To capture and hold stormwater runoff following precipitation by means of surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream.
STORMWATER. Any surface flow, runoff, and drainage consisting entirely of water from rainfall events.
STREAM. A watercourse that collects surface runoff.
VELOCITY. The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest.
(2013 Code, § 20-4)
(A) The County Planning and Development will administer this chapter. The Director of Planning and Development will designate a Stormwater Administrator.
(B) In addition to the powers and duties that may be conferred, the Stormwater Administrator shall have the following powers and duties under this chapter:
(1) To review and approve or disapprove applications for approval of plans pursuant to this chapter;
(2) To make determinations and render interpretations of this chapter;
(3) To establish application requirements and schedules for submittal and review of applications and appeals, to review and approve applications;
(4) To enforce the provisions of this chapter in accordance with its enforcement provisions;
(5) To make records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this chapter;
(6) To provide expertise and technical assistance to the county;
(7) To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater Administrator; and
(8) To take any action necessary to administer the provisions of this chapter.
(2013 Code, § 20-5)
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