Subpart B. Water Quality
This Subpart B is adopted pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of North Carolina; NCGS 143-214.7 and rules promulgated by the North Carolina Environmental Management Commission (NCEMC) thereunder;; NCGS 113A, Article 4; NCGS 143, Article 21, Part 6; and the authority vested by NCGS Chapter 160D-925 and Chapter 143, Article 21 (Watershed and Air Resources).
Further, the Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and federal Water Quality Rules promulgated under it, as well as rules of the NCEMC promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this Subpart B.
This Subpart B shall not be construed to repeal or modify applicable local, state and federal laws, except that to the extent that the provisions of this Subpart B conflict with any applicable local, state or federal laws, the most stringent of all applicable laws shall govern. It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a structure or land, then the provisions of these regulations shall control.
- Development and redevelopment alter the hydrologic response of local watersheds and as reduce groundwater recharge increase:
- Stormwater runoff rates and volumes,
- Flooding,
- Soil erosion,
- Stream channel erosion,
- Nonpoint and point source pollution, and
- Sediment transport and deposition.
- Changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety and the natural environment;
- These effects can be managed and minimized by applying proper design and well-planned controls to manage stormwater runoff from development sites; and
- The Federal Water Pollution Control Act of 1972 (“Clean Water Act”) and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum stormwater controls such as those included in this Subpart B.
- It is the intention of the Board of Commissioners to enact provisions which are identical to those existing under the laws of the State of North Carolina, and provisions which in no event are more restrictive of the landowners of Henderson County than those of the State of North Carolina.
- General. The provisions established in this Subpart B are designed to protect, maintain, and enhance public health, safety, environment and general welfare and protect water and aquatic resources by:
- Managing (by enforcing standards which shall limit the impact from existing or potential sources of contamination through the regulation of lot sizes and development intensity ) the uses of land and structures encompassed by watersheds in order to maintain the high quality of surface water in these watersheds;
- Managing (by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment) construction-related and post-development stormwater runoff to minimize damage to public and private property and infrastructure;
- Specific. This Subpart B seeks to meet its general purpose by:
- Establishing decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources;
- Requiring new development and redevelopment maintain the pre-development hydrologic response in their post-development state as nearly as practicable for the applicable design storm to reduce flooding, stream bank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the integrity of stream channels and aquatic habitats;
- Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;
- Establishing design and review criteria for the construction, function, and use of structural stormwater BMPs that may be used to meet the minimum post-development stormwater management standards;
- Encouraging the use of better management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of green space, riparian buffers and other conservation areas to the maximum extent practicable;
- Establishing provisions for the long-term responsibility for and maintenance of structural stormwater BMPs and nonstructural stormwater BMPs to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public safety;
- Establishing administrative procedures for the submission, review, approval and disapproval of stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance.
This Subpart B shall apply to all land-disturbing activity, development and redevelopment including, but not limited to, site plan applications, subdivision applications, and grading applications) within the unincorporated areas of Henderson County and its municipalities as allowed by agreement between local governments, other appropriate legal instrument or law. Water supply watershed regulations shall apply within any unincorporated areas and also to incorporated areas specifically requesting enforcement by Henderson County upon the consent of the Commissioners, and which are designated as a public water supply watershed by NCEMC and delineated on the map titled "Henderson County Water Supply Watershed Protection Map," herein referred to as the "Watershed Map," as amended. (In making such a request, the city or town must comply with the requirements of NCGS §160D-926.) The Watershed Map and all explanatory matter contained thereon accompany and are hereby made a part of this Chapter. This Chapter shall be permanently kept, along with subsequent amendments thereto, on file in the office of the Clerk to the Board of Commissioners.
In cases where a municipality extends its extraterritorial jurisdiction into a watershed herein defined, the restrictions applicable to development in that watershed shall remain in effect until they are amended or repealed or until the County and such municipality, by mutual consent, transfer authority to administer and enforce watershed regulations not inconsistent with state rules.
Stormwater management regulations shall apply within any unincorporated and also to any incorporated areas specifically requesting enforcement by Henderson County upon the consent of the Commissioners, provided that areas designated as a public water supply watershed by NCEMC and delineated on the Watershed Map are specifically excluded. A map shall be maintained by the Stormwater Administrator indicating the geographic location of all structural best management practices permitted under this Subpart B.
The “Water Quality Administrator” hereby appointed and authorized to administer and enforce the water SUPPLY WATERSHED and stormwater regulations under the terms and conditions of this Subpart B.
The Watershed Protection Overlay District (and the subdistricts thereof) is/are outlined in Article II of this Chapter. The Watershed Protection Overlay District, and all regulations outlined therein, is included by reference in this Subpart B.
For purposes of this Subpart B, all watershed areas designated by the North Carolina Environmental Management Commission which are within the County's jurisdiction pursuant to Article II of this Chapter are shown on the Official Water Supply Watershed Map which is maintained by the Water Quality Administrator.
Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall apply. Where:
- Area boundaries are indicated as approximately following either road, alley, railroad or highway lines or center lines thereof, such lines shall be construed to be said boundaries;
- Area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a professional land surveyor may be submitted to Henderson County as evidence that one or more properties along these boundaries do not lie within the watershed area;
- Area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the Watershed Map;
- Area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line; and
- Other uncertainty exists; the Water Quality Administrator shall interpret the Watershed Map as to the location of such boundaries. This decision may be appealed to the Water Quality Board.
A Water Supply Watershed Use Permit, Watershed Protection Compliance Permit and Watershed High-Density Development Permit (§42-360) shall be required in conformance with the provisions of this Chapter for development activities within the water supply watershed.
- Minimizing Impact on Water Quality. No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. All development must minimize built-upon surface area; direct stormwater away from surface waters; and incorporate best management practices to minimize water quality impacts.
- Prevent Impact on Water Quality and Public Health. No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.
- Nontransferable Area. No area required for the purpose of complying with the provisions of this Subpart B shall be included in the area required for another building.
Subdivisions of land within defined watershed areas shall require a plat to be prepared, approved and recorded pursuant to this Subpart B. No subdivision plat within a water supply watershed shall be filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this Chapter and certified as being in compliance with the terms of this Subpart B by the Water Quality Administrator. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this Subpart B. Subdivisions within a designated watershed area shall adhere to the following additional processes:
- Upon receipt of an application for the subdivision of property as set forth in Article III, such application shall be reviewed by the Water Quality Administrator to determine if such property lies wholly or in part within a water supply watershed area.
- If a parcel is determined to be in a watershed, the Water Quality Administrator shall determine if such application complies with the requirements of this Chapter and shall certify to such on any application forms, on preliminary development drawings and on any plat proposed for recordation. The certification shall state:
I certify that property shown on this plat is located in a watershed area classified _____________________. The plat shown here on complies with the Henderson County Water Supply Watershed Protection Requirements and is approved for recordation in the Register of Deeds office.
___________________________ __________________________
Water Quality Administrator Date
This certification shall constitute water supply watershed development approval and shall not operate so as to amend, repeal or replace any other approvals or certifications required on such plat by other applicable local, state or federal laws.
Existing development is not subject to the requirements of this Subpart B. Expansions to structures classified as existing development must meet the requirements of this Subpart B; however, the built-upon area of the existing development is not required to be included in the density calculations.
- Stormwater BMP Manual. The Water Quality Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Stormwater BMP Manual as the basis for decisions about Stormwater Management Permits and about the design, implementation and performance of structural stormwater BMPs and non-structural stormwater BMPs. The Stormwater BMP Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Phase II laws.
- Relationship of Stormwater BMP Manual to Other Laws and Regulations. If the specifications or guidelines of the Stormwater BMP Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the Stormwater BMP Manual.
- Changes to Standards and Specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the Stormwater BMP Manual are amended subsequent to the submittal of an application for approval pursuant to this Subpart B but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this Subpart B with regard to the application.
- A Stormwater Management Permit (see §42-356 (Stormwater Management Permit)) shall not be required for development and redevelopment that: (1) cumulatively disturbs less than one (1) acre and is not part of a larger common plan of development or sale is exempt from the provisions of this Subpart B; (2) occurs within a designated water supply watershed; or (3) occurs within a larger development for which a stormwater management permit has been issued, provided the property owner complies with the requirements of the overall project’s stormwater management permit. A Stormwater Management Permit (see §42-356 (Stormwater Management Permit)) shall be required in conformance with the provisions of this Chapter for:
- Development and redevelopment that cumulatively disturbs more than one (1) acre and is not part of a larger common plan of development or sale;
- Development and redevelopment that disturb less than one (1) acre where such activities are part of a larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules; or
- Any activity not exempt from permit requirements of Section 404 of the Federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing agriculture and forestry activities).
- Where a Stormwater Management Permit is required for a high-density project as noted in §42-239.5 (Standards for High-Density Projects), stormwater control measures shall be implemented that comply with each of the following standards:
- The measures shall control and treat stormwater runoff from the first inch of rain over a 24-hour period. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours.
- All structural stormwater treatment systems used to meet these requirements shall be designed to have a minimum of 85% average annual removal for Total Suspended Solids (TSS).
- General engineering design criteria for all projects shall be in accordance with 15A NCAC 2H .1008(c), as explained in the Stormwater BMP Manual.
No development or redevelopment shall occur except in compliance with the provisions of this Subpart B or unless exempted. No development for which a permit is required pursuant to this Subpart B shall occur except in compliance with the provisions, conditions, and limitations of the permit.
The approval of the Stormwater Management Permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans
A low-density project:
- Has no more than two (2) dwelling units per acre or 24 percent built-upon area for all residential and non-residential development; and
- The overall density of a project is at or below the relevant low-density threshold (and which may contain areas with a density greater than the overall project density, provided the project meets or exceeds the post construction model practices for low-density projects and, to the maximum extent practicable, locates the higher-density portion in upland areas and away from surface waters and drainage ways).
A high-density project is anything that exceeds the thresholds outlined herein above.
Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable.
High-density projects shall implement stormwater control measures that comply with each of the standards outlined in §42-239.2 (Establishment of Stormwater Management Permit) B.
- Evaluation According to Contents of Stormwater BMP Manual. All stormwater control measures and structural stormwater BMPs required under this Subpart B shall be evaluated by the Water Quality Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Stormwater BMP Manual. The Water Quality Administrator shall determine whether proposed stormwater BMPs will be adequate to meet Subpart B requirements.
- Determination of Adequacy; Presumptions and Alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Stormwater BMP Manual will be presumed to meet the minimum water quality and quantity performance standards of Subpart B. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Stormwater BMP Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of Subpart B. The Water Quality Administrator may require the applicant to provide the documentation, calculations, and examples necessary so he/she may determine whether such an affirmative showing is made.
- Separation from Seasonal High Water Table. For stormwater BMPs that require a separation from the seasonal high water table, the separation shall be provided by at least 12 inches of naturally occurring soil above the seasonal high water table.
In addition to the standards for handling stormwater set out in the Stormwater BMP Manual, development and redevelopment that drains in whole or part to class TR waters shall design and implement the best stormwater practices that do not result in a sustained increase in receiving water temperature, while still meeting the other requirements of Subpart B.
- Final Approvals, Complete Applications. All development and redevelopment projects for which complete and full applications were submitted and approved by the County prior to the effective date of Subpart B and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this subpart dealing with the control and/or management of post-construction runoff, but shall be required to comply with all other applicable provisions. A phased development plan shall be deemed approved prior to the effective data of Subpart B if it has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and it shows for:
- The initial or first phase of development, the type and intensity of use for a specific parcel or parcels, including at a minimum, the boundaries of the project and a subdivision plan that has been approved.
- Any subsequent phase of development, sufficient detail so that implementation of the requirements of Subpart B to that phase of development would require a material change in that phase of the plan.
- Violations Continue. Any violation of provisions existing on the effective date of Subpart B shall continue to be a violation under this Subpart B and be subject to penalties and enforcement under this subpart unless the use, development, construction, or other activity complies with the provisions of this Subpart B.
- Operation and Maintenance Requirements. New and replaced onsite systems for domestic wastewater installed after the effective date of Subpart B shall be subject to the same requirements for operation and maintenance as structural stormwater BMPs for stormwater, including, at a minimum, annual inspection reports and a recorded operation and maintenance agreement, pursuant to §42-240 (Maintenance).
- Standards for Operation and Maintenance. Onsite systems for domestic wastewater covered by Subpart B shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assure the proper operation of the system to meet these standards, and the septage shall be reused or disposed of in a manner that does not present significant risks to human health, surface water or groundwater.
Exceptions shall be granted from the 30 foot landward location of built-upon area requirement and deed restrictions/protective covenants requirements in any of the following instances:
- When there is a lack of practical alternatives for a:
- Road crossing,
- Railroad crossing,
- Bridge,
- Airport facility,
- Utility crossing
- Stormwater management facility,
- Stormwater management pond, or
- Utility (including, but not limited to, water, sewer, or gas construction and maintenance corridor)
And such are located, designed, constructed, and maintained to:
- Minimize disturbance,
- Provide maximum nutrient removal,
- Protect against erosion and sedimentation,
- Have the least adverse effects on aquatic life and habitat,
- Protect water quality to the maximum extent practicable through the use of BMPs, and
- Remain 15 feet landward of all perennial and intermittent surface waters (this provision applies only to stormwater management facilities, stormwater management ponds, and stormwater utility).
- Showing a Lack of Practical Alternatives. A lack of practical alternatives may be shown by demonstrating that, considering the potential for a reduction in size, configuration, or density of the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to surface waters.
The County may, but is not obligated to, accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of Subpart B and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
- Function of Stormwater BMPs As Intended. The owner of each structural stormwater BMP installed pursuant to Subpart B shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural stormwater BMP was designed.
- Annual Maintenance Inspection and Report. The person responsible for maintenance of any structural stormwater BMP installed pursuant to Subpart B shall submit to the Water Quality Administrator an inspection report from either a qualified registered North Carolina professional engineer or landscape architect. The inspection report shall contain all of the following:
- The name and address of the land owner;
- The recorded book and page number of the lot of each structural BMP;
- A statement that an inspection was made of all structural stormwater BMPs;
- The date the inspection was made;
- A statement that all inspected structural stormwater BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by Subpart B; and
- The original signature and seal of the engineer or landscape architect.
All inspection reports shall be on forms supplied by the Water Quality Administrator. An original inspection report shall be provided to the Water Quality Administrator beginning one (1) year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.
- In General. Prior to the conveyance or transfer of any lot or building site to be served by a structural stormwater BMP pursuant to Subpart B, and prior to issuance of any permit for development or redevelopment requiring a structural stormwater BMP pursuant to Subpart B, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant the County a right of entry in the event that the Water Quality Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in no case shall the right of entry, of itself, confer an obligation on the County to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Water Quality Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Water Quality Administrator within 14 days following its recordation.
- Special Requirement for Homeowners’ and Other Associations. For all structural stormwater BMPs required pursuant to Subpart B and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions:
- Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.
- Granting to the County a right of entry to inspect, monitor, maintain, repair, and reconstruct structural stormwater BMPs.
- Allowing the County to recover from the association and its members any and all costs the County expends to maintain or repair the structural stormwater BMPs or to correct any operational deficiencies. Failure to pay the County all of its expended costs, after 45 days written notice, shall constitute a breach of the agreement. In case of a deficiency, the County shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.
- A statement that this agreement shall not obligate the County to maintain or repair any structural stormwater BMPs, and the County shall not be liable to any person for the condition or operation of structural stormwater BMPs.
- A statement that this agreement shall not in any way diminish, limit, or restrict the right of the County to enforce any of its ordinances as authorized by law.
- A provision indemnifying and holding harmless the County for any costs and injuries arising from or related to the structural stormwater BMP, unless the County has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.
Inspections and inspection programs by the County may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in stormwater BMPs; and evaluating the condition of stormwater BMPs.
If the owner or occupant of any property refuses to permit such inspection, the Water Quality Administrator shall proceed to obtain an administrative search warrant pursuant to NCGS 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Water Quality Administrator while carrying out his/her official duties.
- Deed Recordation and Indications on Plat. The applicable operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance (whichever is applicable) pertaining to every structural stormwater BMP shall be referenced on the final plat and shall be recorded with the County Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, the operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance, whichever is applicable shall be recorded with the County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.
- Signage. Where appropriate in the determination of the Water Quality Administrator to assure compliance with this Subpart B, structural stormwater BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible.
The owner of each structural stormwater BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same upon reasonable request to the Water Quality Administrator.
The owner of each stormwater BMP, whether structural stormwater BMP or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition.
Every structural stormwater BMP installed pursuant to Subpart B shall be made accessible for adequate maintenance and repair by a maintenance easement. The easement shall be recorded and its terms shall specify who may make use of the easement and for what purposes
Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this Subpart B shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this §42-377 (Violations). Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this Subpart B, or fails to take appropriate action, so that a violation of the same results or persists; or an owner, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. Responsible person(s) shall include but not be limited to:
- Person Maintaining Condition Resulting In or Constituting Violation. An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this Subpart B or fails to take appropriate action, so that a violation of the same results or persists.
- Responsibility For Land or Use of Land. The owner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person, who has control over, or responsibility for, the use, development or redevelopment of the property.
The Board of Commissioners shall establish permit review fees as well as policies regarding refund of any fees upon withdrawal of an application, and may amend and update the fees and policies from time to time.
This stormwater regulation of this Subpart B shall take effect September 1, 2010
If the provisions of any section, subsection, paragraph, subdivision or clause of Subpart B shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this subpart. Notwithstanding any other provision contained herein, nothing herein shall be construed to restrict any property owner subject to this ordinance in any manner or to any extent greater than otherwise would be the case in the absence of the adoption of this Ordinance. Any provision hereof which restricts any property owner subject to this ordinance in any manner or to any extent greater than otherwise would be the case in the absence of the adoption of this Ordinance is declared to be a nullity, and shall have no effect.
