42-356. Stormwater Management Permits

1. Concept Plan and Consultation Meeting. The Water Quality Administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of subdivision development plan pre-application, site plan development, or other early step in the development process. The purpose of this meeting is to discuss the post-construction 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. Local watershed plans and other relevant resource protection plans should be consulted in the discussion of the concept plan. The concept plan should be submitted in advance of the meeting and should include:
   
   1. Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: (1) existing and proposed topography; (2) perennial and intermittent streams; (3) mapping of predominant soils from soil surveys (if available); (4) boundaries of existing predominant vegetation; (5) proposed limits of clearing and grading; and (6) location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
   2. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: (1) preliminary selection and location of proposed structural stormwater controls; (2) low-impact design elements; (3) location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; (4) flow paths; location of floodplain/floodway limits; (5) relationship of site to upstream and downstream properties and drainages; and (6) preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.
2. Application. All applications required pursuant to Article VIII (Natural Resources) Subpart B (Water Quality) shall be submitted to the Water Quality Administrator by the land owner or the land owner’s duly authorized agent. Applications shall be submitted pursuant to the application submittal schedule in the form established by the Water Quality Administrator, along with the appropriate fee established by the Board of Commissioners pursuant to this section. An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to Article VIII (Natural Resources) Subpart B (Water Quality), along with the appropriate fee. If the Water Quality Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements 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 established submission schedule. At a minimum, the Stormwater Management 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 Article VIII (Natural Resources) Subpart B (Water Quality). Plans shall be prepared by a qualified registered North Carolina professional engineer or landscape architect whom shall: (1) perform services only in their area of competence; (2) verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications; (3) verify that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual; and (4) verify the designs and plans ensure compliance with Article VIII (Natural Resources) Subpart B (Water Quality). The submittal shall include all of the information required in the submittal checklist established by the Water Quality Administrator.

1. Approval. The proposal complies with the standards of Article VIII (Natural Resources) Subpart B (Water Quality), and is approved.
2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to Article VIII (Natural Resources) Subpart B (Water Quality), and is approved subject to the completion of certain conditions.
3. Fails to Comply. The proposal fails to comply with the standards of Article VIII (Natural Resources) Subpart B (Water Quality). The Water Quality Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application. If a revised application is not re-submitted within 30 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.
4. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Article VIII (Natural Resources) Subpart B (Water Quality) or other statues, ordinances and regulations of the County.

Permit Validity. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of Article VIII (Natural Resources) Subpart B (Water Quality).

An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one (1) year after the date of approval. The Water Quality Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

In granting an extension, the Water Quality Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.

As-Built Plans and Final Approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.

The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance. A final inspection and approval by the Water Quality Administrator shall occur before the release of any performance securities.