Any land disturbing activity (as defined in earlier section of this chapter) must comply with the criteria presented below. A development which is under one acre and does not infringe upon any State-defined Areas of Environmental Concern will usually not require State Certification. However, such developments shall be subject to the certain town requirements as discussed below:
   (A)   The primary intent of these regulations is to satisfactorily control stormwater on individual parcels of land, and areas in between, so as not to adversely affect the quantity and quality of surface water flows as a result of natural rainfall, and to control runoff onto adjacent property, or water induced soil erosion in any form. Because of the low lying nature of the barrier island upon which the town is situated, it is important that surface water runoff be controlled as much as is reasonably possible within property boundaries, and not drained onto adjacent areas, both private and public (for example streets and roads).
   (B)   The amount of any fill materials to be placed for whatever purpose (height above existing grades) shall be limited to either 12 inches above the average centerline of the road adjacent to the property.
   (C)   Prior to the placement of any soil fill material on parcels of land, with the exceptions as listed below in division (D), the property owner or their appointed representative shall apply for a Stormwater Permit. The permit shall contain the following information:
      (1)   Site plan drawn to a scale of 1:20 on white bond paper a minimum of 8.5" x 14" in size. The plan will be clearly and legibly labeled and will show existing land grades of the parcel (topographic relief), adjacent property lines with existing land grades at the property line, and proposed finished land grades for the property in question. Elevations of adjacent property will be shown at minimum intervals of 25 feet, with a minimum of four points per property. If there is a residence on adjacent property, the elevation of the concrete slab of the residence will be indicated, as well as the elevation of existing grade at the corners of the structure. The site plan shall also show the location and elevation of a benchmark established on or adjacent to the property, to be used as an on-the-ground elevation reference.
      (2)   Location, area and composition of all features proposed to be located on the property such as building structures, driveways, sidewalks, septic tank and drain field, or any other feature that may impact stormwater management per these regulations.
      (3)   Designation of ground level pertaining to FEMA base flood elevations and height above mean sea level per § 157.006 of the Town Code. This is in reference to the point at which ground level will be measured (in reference to the height restriction) in order that a home may be constructed on the property.
      (4)   Per information presented above, it is the intent of these regulations that stormwater flow be routinely contained within property lines in question, and not be directed onto adjacent real estate. Within property lines, sheet flow drainage of stormwater over grassy or adequately vegetated surfaces will be managed in such a manner so as not to create soil erosion, sedimentation buildup, or channeling water in any way onto adjacent property. In all cases when stormwater is proposed to be directed toward a public street, the plan will be designed so as to control the first 1.5 inches of rainfall from impervious surfaces during a 24-hour period within the property boundaries.
      (5)   Using the above guidance, the proposed direction of flow for stormwater will be clearly shown throughout the plan, so as to provide the approving authority with sufficient information to determine how the applicant proposes to manage stormwater primarily on site. In addition to sheet flow drainage, engineered stormwater management solutions are encouraged. The completed plan must be sealed by an engineer or land surveyor licensed to practice in the stormwater runoff planning in the state. The engineer or land surveyor in question shall certify that all aspects of the stormwater permit plan have been complied with according to the design.
      (6)   A retaining wall not to exceed 30 inches in height is allowed to retain the added soil fill materials on site as indicated in the septic permit, to prevent stormwater flow onto adjacent property. When the wall extends along the property lines, beyond the boundaries of the highest fill allowed, toward the street side or property rear, it must be decreased in elevation by a minimum of one foot for every 12 feet of wall length so that it remains parallel to the slope of the line of fill.
      (7)   In those cases where the property in question is lower than adjacent property, additional fill materials may be added to bring the property up to the existing grade of adjacent properties, so long as an engineered stormwater plan is approved.
      (8)   Direct outlet channels to surface water are prohibited unless designed for State Best Management Practices (BMPs). Stormwater must be allowed to pool and infiltrate on the lot or through drainage swales designed in accordance with BMPs.
   (C)   All future subdivisions will require ten-foot stormwater easements around the perimeter of development. The proposed development must comply with all other requirements of the stormwater management plan.
   (D)   Exceptions to this section shall include:
      (1)   The placement of topsoil (not to exceed three inches) for the purpose of landscaping will not require a Stormwater Permit.
      (2)   Bulkheads or retaining walls at existing houses on canal lots will not require a site plan sealed by an engineer if the bulkhead, retaining wall and fill are the same height as adjacent property. Wing-walls as required by the building code are exempt from division (B)(4) of this chapter.
   (E)   Any person who installs fill material or constructs a bulkhead, retaining wall, or similar structure without a permit is subject to a fine of $500 for each incident and day of violation. Any person found in violation will be given ten days to remove fill material or bulkhead, retaining wall, or similar structure before the penalty begins, and to restore the site to its original condition.
   (F)   No residence Certificate of Occupancy (CO) shall be issued until the Building Inspector has inspected and certified the satisfactory completion of those criteria specified in the approved Stormwater Permit pertaining to the location upon which the home was constructed.
   (G)   In those instances where a Stormwater Permit is denied by the Building Inspector, the applicant may appeal the case to the Planning and Zoning Board. The appellate authority higher than the Planning and Zoning Board shall be the Board of Commissioners.
(Ord. 99-18, passed 9-13-99; Am. Ord. 20-11, passed 9-3-20; Am. Ord. 21-10, passed 6-15-21)