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(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)
(A) A stormwater permit is required for all development and redevelopment which equals or exceeds one acre of residential development, or on commercial lots that are one-half acre in size or more, unless exempt pursuant to this chapter.
(B) The County Board of Commissioners shall establish permit review fees as well as policies, and may amend and update the fees and policies when needed.
(C) For all activities which are subject to this chapter, no person shall initiate, proceed, or undertake any land-disturbing or development activity for which a permit is required without first being issued a written stormwater control permit. All other required applications must be received and permits must be obtained prior to the start of the work. These may include, but are not limited to, soil erosion and sedimentation control, flood damage prevention, subdivision, building permits and inspections, State Department of Transportation, State Division of Water Quality, U.S. Army Corps of Engineers, and State DENR-Dam Safety.
(D) Plan review fees shall be double the amount when land-disturbing activity begins before a stormwater permit is obtained from the county. Prior to presenting a stormwater plan to the County Planning and Development, a consultation meeting with the Stormwater Administrator or his or her designee is required to assess necessary stormwater management measures, constraints, opportunities, and potential approach.
(E) Two copies of the stormwater plan submittal shall be submitted to Planning and Development for review.
(F) The Department shall review the plan for completeness and for compliance with the requirements of this chapter. An incomplete or nonconforming stormwater plan will be returned to the applicant prior to review with an explanation of issues requiring resolution before plan review can be initiated.
(G) Within 30 days of receipt of application for stormwater plan approval, Planning and Development shall take action on the plan.
(1) Planning and Development shall forward a copy of the plan to the County Soil and Water Conservation District who, within 20 days of receipt of the plan, will review the plan and submit its comments and recommendations to the Stormwater Administrator at the County Planning and Development Department.
(2) Failure of the Soil and Water Conservation District to submit its comments and recommendations within 20 days shall not delay final action on the plan. Planning and Development is solely responsible for plan(s) review and will incorporate review comments and recommendations from the Soil and Water Conservation District into its examination of the plan application.
(H) (1) Approval, approval with modifications, or denial of the proposed stormwater plan shall be in writing, in the case of denial, the reasons for denial shall be clearly stated. The applicant may appeal the decision of the Stormwater Administrator at the County Planning and Development Department to a Plan Review Committee within 15 days after receipt of written notice of disapproval or approval with modifications. Only the applicant can appeal the decision of the Stormwater Administrator.
(2) A condition of plan approval will be the right to physical inspection of the drainage structures and stormwater management measures during and after construction.
(I) Hearings held pursuant to this section shall be conducted by a Plan Review Committee consisting of the Director of Planning and Development, the Director of the Soil and Water Conservation District, and the Director of General Services within 30 days after the date of the appeal or request for hearing.
(J) The Plan Review Committee shall decide appeals within 15 days after the date of the hearing on any stormwater plan. If the Review Committee upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the local Plan Review Committee’s decision to the Board of Adjustment within 15 days.
(K) The Board of Adjustment will conduct a hearing in the nature of a quasi-judicial proceeding with all findings of fact supported by material evidence.
(L) Decisions appealing the final decision by the Board of Adjustment may be filed in County Superior Court, to be reviewed by proceedings in the nature of certiorari, within 30 days of the final decision of the Board of Adjustment.
(M) The Stormwater Administrator shall take action on revisions to a stormwater plan which has been previously denied, within 15 days of receipt of the revised plan application for approval.
(N) If a revised application is not re-submitted within 60 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee and pursuant to the current standards.
(O) Application for an amendment to a stormwater plan in written and graphic form may be made at any time. Until such time that any amendment is approved by the Stormwater Administrator, it shall be unlawful to deviate from the approved plan.
(P) An approved plan shall become null and void if the applicant has failed to make progress on the site within six months after the date of approval. The Stormwater Administrator may grant a single, six-month extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.
(2013 Code, § 20-6)
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