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(A) (1) Stormwater shall be conveyed through development in an adequately designed drainage system of natural drainage ways, grass swales, storm sewers, culverts, inlets, and channels. Drainage systems shall be designed, constructed, and maintained so as to provide natural infiltration, control velocity, control flooding, extend the time of concentration of stormwater runoff, and to control to the maximum extent practicable the impacts of development.
(2) Where the above conditions are met and where a development does not require the preparation of a stormwater management plan, as provided in division (B) below, obtaining a county stormwater permit is not required.
(B) Stormwater management plans must be prepared for, and shall be approved by, the Stormwater Administrator pursuant to the application for a stormwater permit for:
(1) All commercial and industrial and other non-residential development and any major subdivision as defined in the county subdivision ordinance;
(2) Any activity that disturbs land within 30 feet of the banks of a stream or other natural waterway within the county, except when such disturbance is designated as exempt or allowable in the County Stormwater Management Manual;
(3) Any filling or excavation of a parcel that results in a change of land surface of four inches or more; except instances when said filling or excavation is required for on-site sewage treatment systems that is necessary to meet the requirements of the Brunswick County Department of Health (BCDEH) and that is specifically approved and inspected by BCDEH; and
(4) Any activity or development that will ultimately result in the disturbance of a total area of one or more acres, except for the following:
(a) Activity on a bona fide farm, unless the activity is for non-farm purposes;
(b) Activities on forest land for the production and harvesting of timber and timber products;
(C) Stormwater management plans shall:
(1) Include drawings, maps, supporting calculations, specifications, and summaries as outlined in the Stormwater Management Manual;
(2) Demonstrate through accepted engineering practices described in the Stormwater Management Manual the impacts of the proposed development. Impacts of the proposed developments may include:
(a) Effects on existing upstream and/or downstream drainage systems and property;
(b) Ability of the natural drainage way to handle additional stormwater runoff; and
(c) Site-specific criteria.
(3) Demonstrate through accepted engineering practices described in the Stormwater Management Manual that stormwater runoff is adequately conveyed through the development in a drainage system designed to meet the criteria described in the Stormwater Management Manual; and
(4) Demonstrate through accepted engineering practices described in the Stormwater Management Manual that stormwater facilities control the impacts of the development to the maximum extend practicable and that those facilities are designed to meet the criteria described in the Stormwater Management Manual.
(D) Stormwater facilities inspection and maintenance requirements.
(1) A written inspection and maintenance agreement in a form acceptable to the County Attorney and executed by the applicant of the stormwater permit and the owners of the facility, if different than the applicant, shall be provided prior to receiving a stormwater permit.
(2) The agreement shall provide the following:
(a) Shall bind the parties thereto and all subsequent owners, successors, and assigns;
(b) The required inspection maintenance and access of the facility as defined in the Stormwater Management Manual;
(c) That, if the county directs the correction, repair, replacement, or maintenance of the facility in writing and the actions are not satisfactorily performed within a reasonable time (but not greater than 60 days), the county may, after reasonable notice, enter the land and perform all the necessary work and may assess the owner(s) of the facility with the cost of the work performed. The owner(s) served by the facility shall be jointly responsible to the county for the maintenance of the facility and liable for any costs incurred by the county pursuant to the said agreement and all properties are jointly subject to the imposition of the liens for said costs;
(d) The inspection and maintenance agreement shall be recorded in the Register of Deeds at the expense of the applicant; and
(e) Stormwater facilities shall be included in an easement.
1. The easement shall include the area of the facility, area of ponded water, and enough area for access and maintenance.
2. The easement shall be recorded in the Register of Deeds at the expense of the applicant.
(Ord. 03-006, passed 8-13-2003)