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Greenville County, SC Code of Ordinances
GREENVILLE COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: ADULT-ORIENTED BUSINESSES
CHAPTER 3: AMUSEMENTS
CHAPTER 4: ANIMALS AND FOWL
CHAPTER 5: BUILDINGS AND CONSTRUCTION
CHAPTER 6: EMERGENCY MANAGEMENT
CHAPTER 7: FINANCE AND TAXATION
CHAPTER 8: FLOOD CONTROL, DRAINAGE, STORMWATER MANAGEMENT
CHAPTER 9: GARBAGE AND REFUSE
CHAPTER 10: HUMAN RELATIONS AND RESOURCES
CHAPTER 11: LAW ENFORCEMENT
CHAPTER 12: LIBRARIES, MUSEUMS AND CULTURAL FACILITIES
CHAPTER 13: MOBILE AND MANUFACTURED HOMES; TRAILERS
CHAPTER 14: MOTOR VEHICLES AND TRAFFIC
CHAPTER 15: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 16: RESERVED
CHAPTER 17: PLANNING AND DEVELOPMENT
CHAPTER 18: ROADS, HIGHWAYS AND RIGHTS-OF-WAY
CHAPTER 19: SIGNS
CHAPTER 20: UTILITY SERVICES
CHAPTER 21: BUSINESS REGULATIONS
APPENDIX A: ZONING ORDINANCE
APPENDIX B: RESERVED
APPENDIX C: LAND DEVELOPMENT REGULATIONS
APPENDIX D: FRANCHISES
APPENDIX E: STORMWATER BANKING PROGRAM MANUAL
TABLE OF ORDINANCES
PARALLEL REFERENCES
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§ 8-75 COOPERATION WITH OTHER GOVERNMENTS.
   Greenville County may enter into agreements with other governmental and private entities to carry out the purposes of this article. These agreements may include, but are not limited to enforcement, resolution of disputes, cooperative monitoring, and cooperative management of stormwater systems and cooperative implementation of stormwater management programs. Nothing in this article or in this section shall be construed as limitation or repeal of any ordinances of these local governments or of the powers granted to these local governments by the South Carolina Constitution or South Carolina statues, including, without limitation, the power to require additional or more stringent stormwater management requirements within their jurisdictional boundaries.
(1976 Code, § 8-64) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
DIVISION 3. PERMIT AND SUBMITTAL REQUIREMENTS
§ 8-76 GENERAL REQUIREMENTS.
   Federal regulations governing stormwater management, as specified in 40 C.F.R. 122.26, and State regulations, as specified in South Carolina Regulation 61-9.122.26 adopted pursuant thereto, and South Carolina Regulation 72.300 et seq. are adopted as the minimum requirements for all facilities as defined in the respective regulations.
(1976 Code, § 8-64) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-77 SUBMITTAL REQUIREMENTS.
   (a)   Requirements of operators:
      (1)   An owner, developer(s), or operator of a project is a primary permittee. This person meets the definitions of operator. This person may include, but is not limited to a developer, landowner, realtor, builder, utility provider, public or private entity. The primary permittee is responsible for preparation of the Comprehensive SWPPP and to comply with the requirements of this article and the most current SC NPDES Permit for Storm Water Discharges from Construction Activities (GCP).
      (2)   In developing plans for residential subdivisions, individual lots in a residential subdivision development shall be required to obtain and comply with the OS-SWPPP and the residential subdivision development, as a whole, shall be considered a Larger Common Plan for Development or Sale (LCP) and to be a single land disturbing activity requiring a C-SWPPP. Hydrologic parameters that reflect the Larger Common Plan for Development or Sale shall be used in all engineering calculations.
      (3)   If individual lots or sections in a residential subdivision are being developed by different operators, all land disturbing activities related to the residential subdivision shall be covered by the approved C-SWPPP for the residential subdivision. If the primary permittee obtains coverage under a C-SWPPP for the development and then sells lots within the development, then coverage under this permit may either continue with the primary permittee or the primary permittee may require that the new lot owner (or the new lot owner may choose to) obtain their own coverage under the C-SWPPP as a secondary permittee. The primary permittee must make the OS-SWPPP and a copy of the GCP available to the new owner seeking individual lot(s) coverage.
      (4)   When the operator (new owner) makes changes after the C-SWPPP has been approved the new owner must notify the County in writing within 14 calendar days. The new owner may not commence work at the construction site until the C-SWPPP has been modified with the new owner information and they have received NOI coverage from SCDHEC. If the new owner elects to modify the layout of the construction site, thereby altering the approved C-SWPPP then the new owner must apply for a new permit and new NOI coverage.
      (5)   If an individual lot owner or residential builder elects to not follow the drainage provisions in the primary permittee’s approved OS-SWPPP, the County will require the individual lot owner or residential builder to obtain coverage under their own C-SWPPP as a primary permittee.
      (6)   If a lending institution takes operational control of a construction site due to foreclosure, permittee filing for bankruptcy, abandonment etc. then that entity is responsible for construction site’s stormwater discharges. A permit is required under this article prior to the entity initiating construction activity at the site.
      (7)   Contractors employed by the primary or secondary permittee whose work at the construction site may disturb soils or whose work may otherwise be necessary to implement the OS-SWPPP must complete a contractor certification form or must submit an annual Blanket Notice of Intent covering all construction activities within a LCP statewide to SCDHEC.
   (b)   Residential subdivisions which were approved prior to the effective date of these regulations and have an active approved land disturbance permit with Greenville. Greenville at the time of the effective date re exempt from these requirements but must comply with the article requirements that were in effect at the time that the phase of residential subdivision permitted were approved. They must also comply with the requirements of the most current SC NPDES Permit for Stormwater Discharges from Construction Activities as outlined under Section 2.4.2 of that permit. Development of new phases of existing subdivisions which were not included in the total disturbed area of an active land disturbance permit shall comply with the provisions of these regulations and the most current SC NPDES Permit for Stormwater Discharges from Construction Activities (GCP).
      (1)   When the subdivision development reaches the condition where it is 50% built the following actions must be taken:
         a.   Where a detention pond is installed as-built certification and drawings are due to the Director; and
         b.   The detention pond shall be cleaned of all deposited sediment, and overgrowth of invasive vegetation (weeds, vines, shrubs, trees) shall be removed, and all areas of the detention pond shall have reached final stabilization;
         c.   A new home owner’s association document must be filed with the Director defining the new contact person for the responsible party for maintaining the detention pond and/or any water quality features or BMPs installed in the subdivision.
         d.   The primary permittee may elect at this stage of development to request for a Notice of Termination of the permit coverage and closure of the land disturbance permit with the County as long as all common area and rights of way have reached final stabilization and secondary permittees have NOI coverage for the lots under their ownership.
      (2)   When the subdivision development is developed to a point between 50% and 90% built, individual lot controls as well as other erosion and sediment control BMPs shall provide the sediment control to meet 80% trapping efficiency rather than only the sediment/detention pond. Once the subdivision is 90% or greater built and the disturbed areas are stabilized according to the requirements of South Carolina Regulations 100000 and 72-300 then all permittees may file a request for a Notice of Termination of the permit coverage for the subdivision.
   (c)   Land disturbing activities involving more than 5,000 square feet but less than 1 acre of actual land disturbance which are not part of a larger common plan of development or sale, operator shall submit a simplified Stormwater Management and Sediment Control Plan (SMSCP) meeting the requirements listed below. This plan does not require approval by SCDHEC and does not require preparation or certification by the designers.
      (1)   A narrative description of the stormwater management facilities to be used (if applicable).
      (2)   A general description of topographic and soil conditions of the development site.
      (3)   A general description of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties.
      (4)   Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be completed.
      (5)   A map of the parcel, on which the land disturbance activities will take place, printed from Greenville County’s Geographic Information System (GIS) Division’s internet mapping system.
      (6)   A sketch plan or use a GIS map to accompany the narrative which shall contain:
         a.   Site location drawing of the proposed project, indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, streams and rivers; the boundary lines of the site on which the work is to be performed;
         b.   All areas within the site which will be included in the land disturbing activities shall be identified and the total disturbed area calculated;
         c.   A topographic contours of the site;
         d.   Anticipated starting and completion dates of the various stages of land disturbing activities and the expected date the final stabilization will be completed.
         e.   The location of temporary and permanent vegetative and structural sediment/erosion control BMPs and stormwater management control measures (if applicable).
      (7)   Simplified SMSCP shall contain certification by the operator that the land disturbing activities will be accomplished pursuant to the plan.
      (8)   Simplified SMSCP shall contain certification by the operator of the right of the Director to conduct on-site inspections.
   (d)   Land disturbing activities disturbing 1 or more acres or will result in more than 1 cubic foot per second increase in peak runoff rates, requires a storm drain pipe conveyance system (1 or more pipes), or alterations to existing storm drain systems, or cause downstream impact requiring preparation by an engineer or design professional, all of the requirements of C-SWPPP as described in § 8-78 shall apply. For sites that disturbed less than 1 acre but meet 1 or more of the other criteria listed the Director has the discretion to reduce some of the requirements of the C-SWPPP as described in § 8-78.
   (e)   Commercial and industrial sites which disturb 5,000 square feet but less than 1 acre of area and otherwise are not part of a LCP may be eligible to submit a simplified plan as described in § 8-77(c). If any of the constraints listed in § 8-77(d) are required as part of the C-SWPPP then the plan must meet some or all of the requirements of § 8-78.
(1976 Code, § 8-77) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-78 COMPREHENSIVE STORMWATER POLLUTION PREVENTION PLAN REQUIREMENTS.
   A Comprehensive Stormwater Pollution Prevention Plan (C-SWPPP) is a fundamental requirement for permit approval. Each C-SWPPP must include a Stormwater Management and Sediment Control Section. The C-SWPPP must be in compliance with South Carolina Regulations 72-300 and the most current SCDHEC NPDES General Permit for Stormwater Discharges for Construction Activities (GCP). In additions to the requirements outlined in these requirements the C-SWPPP shall include as a minimum the following:
   (a)   A vicinity map indicating a north arrow, scale, boundary lines of the site and other information necessary to locate the development site.
   (b)   The existing and proposed topography of the development site except for individual lot grading plans in single-family subdivisions, if the subdivisions or phases of the subdivision are not mass graded. In subdivisions that are not mass graded drainage flow patterns will be shown for each lot by arrow indicators showing the general direction of surface flow.
   (c)   Physical improvements on the site, including present development and proposed development.
   (d)   Drainage easements shall have the following characteristics:
      (1)   Provide adequate access to all portions of the drainage system and structures.
      (2)   Provide sufficient land area for maintenance equipment and personnel to adequately and efficiently maintain the drainage system and all stormwater facilities.
      (3)   Restriction on easements shall include prohibiting all fences and structures which would interfere with access to the easement areas and/or the maintenance function of the drainage system.
   (e)   An anticipated starting and completion date of the various stages of land disturbing activities as specifically outlined in the GCP and the expected date the final stabilization will be completed.
   (f)   A determination that the development is in compliance with the County Flood Damage Prevention Ordinance.
   (g)   At the discretion of the Director, for all portions of the drainage system which are expected to carry over 50 cubic feet per second (cfs) for the 100-year storm, the 100-year plus 1 foot flood elevation analysis shall be required if 1 of the following criteria apply:
      (1)   The estimated runoff would create a hazard for adjacent property or residents;
      (2)   The flood limits would be of such magnitude that adjacent residents should be informed of these limits.
   (h)   For all portions of the drainage system which are expected to carry 150 cfs or more for the 100-year storm, the 100-year plus 1 foot flood elevation analysis shall be done and flood limits shall be shown on the drainage plans. Such data shall be submitted in digital form, as well as in print, in a format specified by the Director.
   (i)   A tree saving and planting plan consistent with the requirements in the Greenville County Tree Ordinance and the Landscape Plan requirements of the Design Manual; or meeting the buffer requirement of the Construction General Permit (whichever is more restrictive).
   (j)   Construction and design details for structural controls.
   (k)   The expected timing of flood peaks through the downstream drainage system shall be assessed when planning the use of detention facilities.
   (l)   All stormwater management facilities and all major portions of the conveyance system through the proposed development (i.e., channels, culverts) shall be analyzed, using the 100-year design storm, for design conditions and operating conditions which can reasonably be expected during the life of the facility. The results of the analysis shall be included in the hydrologic-hydraulic study.
   (m)   If the site development plan and/or design report indicates that there may be a drainage or flooding problem at the exit to the proposed development or at any point downstream as determined by the Director, the Director may require as outlined in the Design Manual:
      (1)   Water surface profiles plotted for the conditions of pre- and post- development for the 2-year through 100-year design;
      (2)   Water surface profiles plotted for the conditions of pre- and post- development for the 100-year design storm;
      (3)   Elevations of all structures potentially damaged by the 2-year through 100-year flows.
   (n)   All plans submitted for approval shall comply with the applicable requirements in Divisions 3, 5, 6, and 7 of this article.
   (o)   All plans submitted for approval shall contain certification by the operator that the land disturbing activity will be accomplished pursuant to the approved plan and that responsible personnel will be assigned to the project.
   (p)   The C-SWPPP shall contain certification by the applicant that all land clearing, construction, development and drainage will be done according to the C-SWPPP or any approved revisions. Any and all SWPPPs may be revoked at any time if the construction of stormwater management facilities or other elements of the plan is not in strict accordance with approved plans.
   (q)   All plans shall contain certification by the operator of the right of the Director to conduct on-site inspections.
   (r)   The plan shall not be considered approved without the inclusion of an approval stamp with a signature and date on the plans by the Land Development Division. The stamp of approval on the plans is solely an acknowledgment of satisfactory compliance with the requirements of these regulations. The approval stamp does not constitute a representation or warranty to the applicant or any other person concerning the safety, appropriateness or effectiveness of any provision, or omission from the C-SWPPP.
   (s)   Approved plans remain valid for 2 years or for 5 years, at the discretion of the applicant, from the date of an approval. Renewals of the plan approvals will be granted by the Director upon written request by the operator along with a revised contact list and submittal of the renewal fees.
(1976 Code, § 8-82) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-79 RESERVED.
DIVISION 4. GRADING AND SEDIMENT CONTROL
§ 8-80 GENERAL.
   Except as provided in § 8-67 of this article, a person may not perform clearing, stripping, excavating, or grading of land or create borrow pits, spoil areas, quarries, material processing plants or related facilities without first obtaining a land disturbance permit from the County. An owner of real property may not permit grading or the creation of borrow pits, spoil areas, quarries, material processing plants or related facilities on the real property owned unless appropriate permits are received from the County and/or the SCDHEC.
(Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
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