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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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§ 8-87 HYDROLOGIC CRITERIA.
   The hydrologic criteria to be used for the C-SWPPP’s Stormwater Management and Sediment Control section shall be as follows:
   (a)   Twenty-five-year 24-hour duration design storm for all cross-drain culverts and drainage designs.
   (b)   Ten-year design storm for all interior culverts and drainage conveyance system designs, plus 25-year design storm for all channels conveyances.
   (c)   Two-year, 10-year and 25-year design storms for all detention and retention basins using procedures contained in the Stormwater Management Design Manual or approved by the Director.
   (d)   All drainage designs shall be checked using the 100-year storm for analysis of local flooding, and possible flood hazards to adjacent structures and/or property.
   (e)   All hydrologic analysis will be based on land use conditions.
   (f)   For the design of storage facilities, a secondary outlet device or emergency spillway shall be provided to discharge the excess runoff in such a way that no danger of loss of life or facility failure is created. The size of the outlet device or emergency spillway shall be designed to pass the 100-year storm as a minimum requirement.
(1976 Code, § 8-83) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
§ 8-88 FEE-IN-LIEU OF ON-SITE STORMWATER MANAGEMENT FACILITIES.
   (a)   The Director may allow the payment of a fee-in-lieu of on-site stormwater storage to fulfill all or part of the on-site stormwater storage requirement.
   (b)   The following fee-in-lieu of stormwater storage procedures shall be used by the Director for requiring and collecting fee-in-lieu of revenues for stormwater storage requirements in this article:
      (1)   The applicant may submit a written request for the payment of a fee-in-lieu of on-site stormwater storage to fulfill all or part of the on-site detention requirements established by this article. A request for fee-in-lieu of on-site stormwater storage shall be either rejected or approved by the Director within 45 days of the written request unless additional engineering studies are required.
      (2)   Fee-in-lieu of on-site stormwater storage shall be the estimated construction cost of the applicant’s proposed and approved on-site stormwater storage, including land costs, as approved by the Director.
   (c)   A fund will be maintained by the County for the purpose of identifying and controlling all revenues and expenditures resulting from fee-in-lieu of on-site stormwater storage approvals. All fee-in-lieu of on-site stormwater storage revenues received from each watershed shall be deposited in these funds for use within that watershed.
   (d)   Fee-in-lieu of on-site stormwater storage revenues may be used to plan, design or construct an upgrade to existing or future stormwater management systems if the upgrades are consistent with a stormwater master plan, floodplain study or stormwater system improvement that has been approved the Director.
   (e)   All fees shall be refunded to the person who paid the fee, or to the person’s successor in interest, whenever the County fails to encumber the fees collected within 10 years from the date on which such fees are collected. Refunds shall be made provided the person, who paid the fee, or that person’s successor, files a request with the County for the return of the fees within 1 year from the date on which the fees are required to be encumbered.
(Ord. 4281, passed 5-5-2009; Ord. passed 5-5-2015)
§ 8-89 RIGHT-TO-DISCHARGE.
   Reserved.
§ 8-90 CONSISTENCY WITH WATERSHED MASTER PLANS OR FLOOD STUDIES.
   If applicable, the C-SWPPP’s Stormwater Management and Sediment Control Section shall be consistent with watershed master plans or flood studies adopted and approved by the County.
(Ord. 4281, passed 5-5-2009; Ord. passed 5-5-2015)
§ 8-91 OWNERSHIP AND COUNTY PARTICIPATION.
   (a)   All stormwater management facilities required by this article shall be privately owned and maintained unless the County accepts the facility for County ownership and maintenance.
   (b)   When the Director determines that additional storage requirements for water quantity and/or water quality beyond that required by the owner for on-site stormwater management is necessary in order to enhance or provide for the public health, safety and general welfare, to correct unacceptable or undesirable existing conditions or to provide protection in a more desirable fashion for future development, the County may agree to participate financially in the construction of such facility to the extent that such facility exceeds the required on-site stormwater management as determined by the Director. The Director and the owner will jointly develop a cost sharing plan which is agreeable to both parties.
(1976 Code, § 8-84) (Ord. 3551, passed 11-11-2001; Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
DIVISION 6. ON-GOING INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND PRACTICES
§ 8-92 LONG-TERM MAINTENANCE INSPECTION OF STORM WATER FACILITIES AND/OR BEST MANAGEMENT PRACTICES.
   Stormwater management facilities and Best Management Practices, included in a C-SWPPP or older site development plan, must undergo ongoing inspections by the Responsible Parties, to document maintenance and repair needs and the Responsible Parties must ensure that maintenance is completed in compliance with the SWPPP, any Maintenance Agreements, The Stormwater Management Design Manual, and this article.
   (a)   The Director may, to the extent authorized by federal law, state law, and/or this article, establish inspection programs to verify that all stormwater management facilities and/or Best Management Practices including those built after the adoption of this article, are functioning within the design limits.
   (b)   Subdivision stormwater facilities and/or Best Management Practices must be located within dedicated common areas or easement.
   (c)   Stormwater easements and restrictions shall be provided by the landowners/person responsible for land disturbance activities to ensure access for inspection and maintenance. Easements and the Maintenance Agreements must be recorded prior to the issuance of the land disturbance permit. The restrictive covenants must be recorded prior to approval of the final plat. The maintenance agreement shall be recorded in the office of the Greenville County Register of Deeds and the maintenance agreement shall constitute a covenant running with the land, and shall be binding upon the Responsible Parties, heirs, administrators, executors, assigns and any other successors in interest.
   (d)   The landowner(s)/person responsible for land disturbance activities shall record a plat showing and accurately defining the easements for stormwater management facilities and/or Best Management Practices. The plat must reference the Instrument Number where this agreement and its or attachments are recorded and contain a note that the Responsible Parties, are responsible for maintaining the stormwater management facilities and/or Best Management Practices.
   (e)   All stormwater management facilities and/or Best Management Practices shall be maintained to the measures outlined in the SWPPP, the Stormwater Management Design Manual and/or as approved in the land disturbance permit by the Responsible Parties, to ensure the proper operation and application of the facilities, and/or Best Management Practices at all times.
   (f)   The responsible parties responsible for maintenance of the stormwater management facilities and/or Best Management Practices approved as part of a SWPPP proposed for a development under the current ordinance requirements shall be designated in the SWPPP, the Maintenance Agreement, and final plat.
   (g)   For developments which establish a property owner’s association (POA) or HOA provisions for long term maintenance of site stormwater facilities and/or BMPs, as outlined in the SWPPP must be defined in the Maintenance Agreement. The provisions of this agreement must also identify a source of funding to support future required maintenance and upkeep activities, and an entity responsible for general upkeep, maintenance and repair. The Director must be notified prior to any changes in status and personnel or contact information for recordkeeping and inventory purposes in accordance with its NPDES MS4 permit requirements.
   (h)   If the Director determines that the stormwater management facilities and/or Best Management Practices were specifically designed, as part of a lager common plan of development per any applicable approved stormwater plans, calculations, narratives, final plats, restrictive covenants, and/or Maintenance Agreement to receive stormwater runoff from properties other than just the parcel the feature is located on, then the County may determine that each parcel designed to drain to the stormwater management facilities, and/or Best Management Practices constitutes a Responsible Party; therefore, be held liable for a percentage of the required maintenance and/or repair. The County may issue a Notice of Violation and/or impose a percentage of the maintenance and repair costs to each responsible party.
   (i)   The responsible parties responsible for maintenance and repair of the stormwater management facilities and/or Best Management Practice shall inspect them at the frequencies listed in the maintenance agreement, SWPPP, or the Stormwater Management Design Manual (whichever applies) and perform any necessary maintenance including routine and non-routine activities.
   (j)   It shall be unlawful to alter or remove any permanent stormwater management facilities and/or Best Management Practices required by an approved SWPPP or stormwater plan, or to allow property to remain in a condition that does not conform to the approved SWPPP or as outlined the Stormwater Management Design Manual.
   (k)   It shall be unlawful for any responsible parties responsible for maintenance and repair of stormwater management facilities and/or Best Management Practices to fail to maintain the facilities and/or Best Management Practices as required by the approved SWPPP, Maintenance Agreement, or stormwater plan.
   (l)   No person shall modify, remove, fill, or alter any existing stormwater management facilities and/or Best Management Practices, areas or structures unless it is part of the approved maintenance program, Maintenance Agreement, or modified SWPPP without the written approval of the County.
   (m)   No person shall place any structure, equipment, fill, landscaping or vegetation into stormwater management facilities and/or Best Management Practices, or within a drainage easement that transport stormwater to the stormwater management facilities and/or Best Management Practices which would limit or alter the functioning of the stormwater management facilities and/or Best Management Practices without the written approval of the County.
   (n)   The responsible parties responsible for maintenance may landscape the stormwater management facilities, Best Management Practices and/or areas if the landscaping is designed, installed and maintained as prescribed in the Stormwater Management Design Manual.
   (o)   The responsible parties responsible for maintenance shall take reasonable care to ensure that the stormwater management facilities and/or Best Management Practices do not contain conditions that are unsafe or that adversely affect water quality including, but not limited to, leaving tools or equipment or misusing pesticides and/or herbicides in the stormwater management facilities and/or Best Management Practices.
   (p)   On property where a stormwater management facilities and/or Best Management Practices are located fully or partially underground, the responsible parties and/or manager of the property shall be responsible for causing an inspection of the facility or device to be performed annually and shall submit an annual inspection report to the County by January 31 of each year for the prior calendar year.
   (q)   The County must be notified in writing of any changes in maintenance responsibility for the stormwater management facilities and/or Best Management Practices. In order to transfer maintenance responsibilities a letter of acceptance by the entity accepting permanent maintenance responsibilities shall be filed with the Director.
(Ord. 4281, passed 5-5-2009; Ord. 4698, passed 5-5-2015)
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