(A) The City Engineer or his or her designee shall serve as the Stormwater Administrator and shall be responsible for all decisions concerning application and enforcement of this chapter, programs, and policies and any matters related to the program.
(B) Stormwater management permit.
(1) A stormwater management permit is required for all development and expansion of development unless exempt pursuant to this chapter. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.
(2) A stormwater management permit shall govern the design, installation, construction, operation, and maintenance of stormwater management and control practices on the site, including stormwater control measures and elements of site design for stormwater management other than stormwater control measures.
(3) The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development site consistent with the requirements of this chapter, whether the approach consists of stormwater control measures or other techniques such as low-impact or low-density design. The permit continues in existence indefinitely for the life of the development. Expansion or redevelopment of a permitted development may require amendment to the stormwater management permit. Continued compliance after project construction is assured by the deed restriction and inspection and maintenance provisions of this chapter.
(C) Stormwater management permit application submittal.
(1) A permit application may be submitted by the landowner, a lessee or person holding an option or contract to purchase or lease the land for the proposed development, or an authorized agent of the landowner. An easement holder may also apply for a permit for development as is authorized by the easement.
(2) The City Council will establish and revise from time-to-time permit application review fees, as well as policies regarding refund of any fees upon withdrawal of an application. The fees will be set to recoup the city's costs in permit application review.
(3) The Stormwater Administrator shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. The Stormwater Administrator shall establish a checklist of minimum required information to constitute a complete application. The Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this chapter, form notice of deed restrictions or protective covenants, and information on how and where to obtain the Manual of Standard Details and Design in an Administrative Manual, which shall be made available to the public
(4) At a minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of this chapter.
(5) The applicant must also acknowledge and consent to the recordation of deed restrictions or covenants that prevent the removal or alteration of SCMs or detention facilities without the Stormwater Administrator's prior consent.
(6) All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect. The engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence and shall verify and certify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications and that the designs and plans comply with applicable standards promulgated pursuant to this chapter, including those set forth in the Manual of Standard Designs and Details.
(7) The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring that there is adequate time to review applications, and that the various stages in the review process are accommodated.
(8) Applications for a stormwater management permit shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate information pursuant to this section.
(9) An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to this chapter. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements within five business days and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the submission schedule established above.
(10) Before a stormwater management permit application is submitted, the applicant may request a consultation on a concept plan for the post-construction stormwater management to be utilized in the proposed development project. This consultation meeting should take place at the time of the preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced.
(D) Stormwater management permit application review and approval.
(1) The Stormwater Administrator shall establish a review schedule for applications. The schedule shall establish deadlines by which complete applications are reviewed and a determination is made as to whether the application complies with the standards of this chapter. This review schedule may distinguish different review periods for initial application submittals from revised application submittals.
(2) Within the review schedule, the Stormwater Administrator shall review the application and determine whether the application complies with the standards of this chapter.
(3) If the Stormwater Administrator finds that the application complies with the standards of this chapter, the Stormwater Administrator shall approve the application and issue the stormwater management permit for the project. The Stormwater Administrator may impose conditions of approval as needed to ensure compliance with this chapter. The conditions shall be included as part of the approval.
(4) If the Stormwater Administrator finds that the application fails to comply with the standards of this chapter, the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have opportunity to submit a revised application.
(5) A complete revised application shall be reviewed by the Stormwater Administrator pursuant to the established review schedule after its re-submittal and shall be approved, approved with conditions or disapproved and the applicant shall have opportunity to submit a revised application.
(6) If a revised application is not re-submitted within a period of six consecutive months from the date the applicant was notified, the application shall be considered withdrawn, and a new application submittal shall be required.
(7) Approval and issuance of the stormwater management permit authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.
(8) Pursuant to G.S. 160D-108, an approved permit shall become null and void if the applicant fails to make substantial progress on the site within the applicable vesting period.
(E) Record drawings, deed restrictions or protective covenants, and final approvals.
(1) Upon completion of a project, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit record drawings for all stormwater control measures or detention facilities after final construction is completed.
(2) The applicant shall further certify to the Stormwater Administrator that the notice of deed restrictions or protective covenants preventing the removal or alteration of the SCMs and detention facilities reflected in the approved plans without the Stormwater Administrator's prior consent has been recorded in the chain of title on the development property with the Register of Deeds, Pitt County, with a copy of the recorded document.
(3) The Stormwater Administrator shall establish the submittal format and a checklist of minimum required information to be included in the record drawing submittal. The licensed professional who designed the stormwater control measures, detention facilities, and plans shall certify, under seal, that the stormwater control measures, detention facilities, controls, and devices are constructed and in compliance with the approved stormwater management plans and designs and with the requirements of this chapter.
(4) No certificate of compliance or occupancy shall be issued without final record drawings, the certification of recording the notice of deed restrictions or private covenants, and a final inspection and approval by the Stormwater Administrator, except where financial sureties have been submitted to and approved by the Stormwater Administrator to ensure compliance with this chapter.
(Ord. No. 24-021, § 1, passed 4-11-2024)