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Home My WebLink AboutNCS000440_Woodfin Self Audit_20210212DRAFT PHASE II MS4 AUDIT TEMPLATE FOR PERMITS ISSUED PRIOR TO 2019 Edit yellow highlighted items to be specific to the MS4 being audited. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PROGRAM AUDIT REPORT NPDES PERMIT NO. NCS000440 WOODFIN, NORTH CAROLINA 90 Elk Mountain Road Self -Audit Date: 2/19/2021 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Stormwater Program 512 N. Salisbury Street, 9th floor 1612 Mail Service Center Raleigh, NC 27699-1612 MS4 Permit Self -Audit Report XAI- Af;; Kir. AIDnrr Permit Nn N[5000440 (This page intentionally left blank) Self -Audit Date: 2/19/2021 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 TABLE OF CONTENTS AuditDetails..................................................................................................................................................1 PermitteeInformation............................................................:.....................................................................2 SupportingDocuments..................................................................................................................................3 ConstructionSite Runoff Controls.................................................................................................................4 Post -Construction Site Runoff Controls........................................................................................................7 Appendix A: Supporting Documents DISCLAIMER This audit consists of an evaluation of program compliance with the issued permit and implementation of the approved Stormwater Management Plan. This audit report does not include a review of all program components, and program deficiencies in addition to those noted may be present. The permittee is required to assess program progress and permit compliance, and to implement the approved Stormwater Management Plan in accordance with the issued permit. Self -Audit Date: 2/19/2021 ii MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 This page intentionally left blank Self -Audit Date: 2/19/2021 iii MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Audit Details Audit ID Number: Audit Date(s): NCS000440_Woodfin MS4 Audit 2021 Minimum Control Measures Evaluated: ❑ Program Implementation, Documentation & Assessment ❑ Public Education & Outreach ❑ Public Involvement & Participation ❑ Illicit Discharge Detection & Elimination ® Construction Site Runoff Controls — No delegated Sediment and Erosion Control Program ❑ Construction Site Runoff Controls - Delegated Sediment and Erosion Control Program 0 Post -Construction Site Runoff Controls ❑ Pollution Prevention and Good Housekeeping for Municipal Operations ❑ Total Maximum Daily Loads (TMDLs) Field Site Visits: ❑ Municipal Facilities. Number visited: Choose an item. ❑ MS4Outfalls. Number visited: Choose an item. ❑ Construction Sites. Number visited: Choose an item. ❑ Post -Construction Stormwater Runoff Controls. Number visited: Choose an item. ❑ Other: Number visited: Choose an item. ❑ Other: Number visited: Choose an item. Representative(s) Conducting Audit Name. Title Organization Audit Report Author: Date: 1 Signature' Audit Report Author: Date Self -Audit Date(s): 2/19/2021 Page 1 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Permittee Information MS4 Permittee Name: Town of Woodfin Permit Effective Date:02/20/2017 Permit Expiration Date: 02/19/2022 City, State, ZIP: Woodfin, NC 28804 Date of Last MS4 Inspection/Audit: August 2019 Co-permittee(s), if applicable: Permit Owner of Record: Primary MS4 Representatives Participating in Audit Name, Title Organization Adrienne Isenhower, Planning Director Town of Woodfin Victoria Hoyland, Stormwater Administrator Buncombe County Jason Guess, Erosion Control Officer Buncombe County MS4 Receiving Waters Waterbodv Classification Impairments French Broad River B Beaverdam Creek C Self -Audit Date(s): 2/19/2021 Page 2 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Supporting Documents Item When Provided Number Document Title (Prior to/During/After) 1 Buncombe County Erosion and Sediment Control Ordinance During I2 I Buncombe County Stormwater Ordinance I During I Selt-Audit Date(s): 2/19/2021 Page 3 of 22 MS4 Permit Self -Audit Report Woodfin. NC: NPDES Permit No. NCS000440 Construction Site Runoff Controls Staff interviewed: (Name,Title, .Role) Program Delegation Status: ❑ The permittee has a delegated Sediment and Erosion Control Program and implements the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). ❑ The permittee does not have a delegated Sediment and Erosion Control Program and relies on DEMLR to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete only the permit citation section). ® The permittee does not have a delegated Sediment and Erosion Control Program and relies on a delegated county program to comply with the North Carolina Sedimentation Pollution Control Act (SPCA) of 1973 components of this minimum measure (complete the permit citation and SPCA citation sections). Status Supporting Permit Citation Program. Requirement Doc No. II.E.3 Construction The permittee provides and promotes a means for the public to notify the Site Runoff Controls appropriate authorities of observed erosion and sedimentation problems (e.g., No (NPDES Permit No. NCS000435) promoting the existence of the DEQ DEMLR "Stop Mud" hotline). Comments (Describe how provided and promoted) SPCA Citation Delegated Program Requirement Status supporting Doc No. 11§ 3A-60 Local The permittee has adopted an ordinance or other regulatory mechanism to enforce Yes -1-- erosion and the erosion and sedimentation control program. sedimentation control programs (a) If yes, the ordinance meets or exceeds the minimum requirements of the Yes - -- SPCA. If yes, the ordinance applies throughout the corporate limits of the permittee. Yes --- [Permit Part 1. D] Self -Audit Date(s): 2/19/2021 Page 4 or 1Z MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Construction Site Runoff Controls Comments (Provide regulatory mechanism reference or Supporting Documentation number) Document 1: Soil Erosion and Sedimentation Control Ordinance of Buncombe County § 113:prog7rams erosioThe permittee :control cts a fee paid by each person who submits an erosion and sedimsedimentation plan. ves contr Comments (indicate the fee amount, if applicable) Administered and collected by Buncombe County 113A-60 Local Has any person initiated a land -disturbing activity (within the perHControl erosion and jurisdiction) for which an erosion and sedimentation control planYes sedimentation absence of an approved plan? control programs (e) If yes, the permittee has notified the North Carolina Sedim Commission of all such cases. Has the permittee determined that a person engaged in a land -disturbing activity has failed to comply with an approved erosion and sedimentation control plan? Yes If yes, has the permittee referred any such matters to the North Carolina Sedimentation Control Commission for inspection and enforcement? No Comments 113A-61 Local The permittee reviews each erosion and sedimentation control plan submitted to approval of erosion them and notifies the person submitting the plan that it has been approved, Yes and sedimentation approved with modification, or disapproved within 30 days of receipt. control plans The permittee only approves an erosion and sedimentation control plan upon determining that it complies with all applicable State and local regulations. Yes --- The permittee has disapproved of an erosion and sedimentation control plan in order to protect riparian buffers along surface waters. No --- If yes, the permittee notified the Director of the Division of Energy, Mineral, and Land Resources within 10 days of the disapproval. Not Applicable Comments Self -Audit Date(s): 2/19/2021 Page 5 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Construction Site Runoff Controls § 113A-61.1 Inspection of land- of approval of each erosion and sedimentation control plan Yes disturbing activity; e permittee includes a notice of the right to inspect. =sedimentation notice of violation (a) provides for inspection of land -disturbing activities to ensure th the SPCA and to determine whether the measures required in an Yes erosonadimentation control plan are effective. Comments § 113A-61.1 When the permittee determines that a person engaged in land -disturbing activity Inspection of land- has failed to comply with the SPCA, the Permittee immediately issues a notice of Yes disturbing activity; violation upon that person. notice of violation Each notice of violation issued by the permittee specifies the date by which the Yes (e) person must comply. Each notice of violation issued by the permittee informs the person of the actions Yes that need to be taken to comply. Comments 113A-64 Penalties Does the permittee issue civil penalties as part of the erosion and sedimentation T Yes program? Comments (indicate when/why a civil penalty is issued, and the amount, if applicable) Document 1: Section 26-231 Self -Audit Date(s): 2/19/2021 Page 6 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 [Post -Construction Site Runoff Controls (Name, Title, Role) 3eu-Huuit uaieis): z/1`J/zu2l Page 7 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Post -Construction Site Runoff Controls Implementation (check all that apply): ❑ The permittee implements the components of this minimum measure. ® The permittee relies upon another entity to implement the components of this minimum measure: Buncombe County ❑ The permittee implements the following deemed -compliant program(s), which meet NPDES MS4 post -construction requirements for the areas where implemented and in compliance with the specific program requirements as provided in 15A NCAC and noted below (Complete Session Law 2006-246 section below): ❑ Water Supply Watershed I (WS-1) — 15A NCAC 2B.0212 ❑ Water Supply Watershed II (WS-11) —15A NCAC 2B .0214 ❑ Water Supply Watershed III (WS-III) —15A NCAC 213.0215 ❑ Water Supply Watershed IV (WS-IV)-15A NCAC 2B .0216 ❑ Freshwater High Quality Waters (HOW)-15A NCAC 2H .1006 ❑ Freshwater Outstanding Resource Waters (ORW) —15A NCAC 2H .1007 ❑ Neuse River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 2B .0235 ❑"Tar -Pamlico River Basin Nutrient Sensitive (NSW) Management Strategy —15A NCAC 26 .0258 ❑ Randleman Lake Water Supply Watershed Nutrient Management Strategy —15A NCAC 2B .0251 ❑ Universal Stormwater Management Program —15A NCAC 2H .1020 Ordinance(s) (check all that apply): The permittee utilizes the following ordinances and/or regulatory authority to fulfill post construction minimum measure program requirements throughout the MS4 permitted area (check all that apply): ® DEQ model ordinance ❑ MS4 designed post -construction practices that meet or exceed 15A NCAC 02H .1000. ❑ DEQ approved comprehensive watershed plan ❑ DEQ approved ordinance for a deemed -compliant Program (see list above) Instructions: For MS4s not implementing a S.L. 2006-246 deemed -compliant program, complete only the Permit Citation section below. For M54s implementing a S.L. 2006-246 deemed -compliant program, complete the Session Law 2006-246 section below. If the MS4 does not implement a deemed -compliant program throughout the entire MS4 permitted area, then complete the Permit Citation section below for the permitted areas) not covered under the S.L. 2006-246 deemed -compliant program. Self -Audit Date(s): 2/19/2021 Page 8 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Session Law 2006- 246 Program Requirement -. Status supporting .Doc No. Deemed -Compliant The permittee implements deemed -compliant Program requirements in Program(s) accordance with the applicable 15A NCAC rules. Not Applicable permittee implements deemed -compliant Program requirements throughout rtheentire MS4 area (If not, also complete the Permit Citation section below.) No __-permittee applies deemed -compliant Program requirements to all federal, e and local government projects within the permitted MS4 area who do not No have their own NPDES stormwater permit. The permittee included deemed -compliant Program reporting in their MS4 Annual Reports. The permittee included deemed -compliant Program implementation in their Stormwater Management Plan. No ___ Comments Permit Citation Program Requirement Status supporting II.F.2.a The permittee maintained an ordinance or other regulatory mechanism designed Doc No. ,.. Legal Authority to meet the objectives of the Post -Construction Site Runoff Controls Stormwater Yes 2 Management Program. If yes, the ordinance applies throughout the corporate limits of the permittee (Verify permit coverage area listed in Part LD of permit and modify Yes __- accordingly). The permittee has the authority to review designs and proposals for new development and redevelopment to determine whether adequate stormwater Yes _2__ control measures will be installed, implemented, and maintained. The permittee has the authority to request information such as stormwater plans, inspection reports, monitoring results, and other information deemed necessary to evaluate compliance with the Post -Construction Stormwater Management Yes - Program. The permittee has the authority to enter private property for the purpose of inspecting at reasonable times any facilities, equipment, practices, or operations Yes ___ related to stormwater discharges. Comments (if the permittee relies upon another entity, specifically note the legal authority that allows that entity to implement the program within the MS4 area) A MOU is in place between the Town of Woodjrn II.F2.b Stormwater Control The permittee utilizes strategies which include SCMs appropriate for the MS4. Yes --- Measures (SCMs) SCMs comply with 15A NCAC 02H .1000. Yes --- Self-Audit Date(s): 2/19/2021 Page 9 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Session Law 2006- program Requirement Status supporting Doc No. 246 Comments R,F 2,g The permittee conducted site plan reviews of all new development and Plan Reviews redeveloped sites that disturb greater than or equal to one acre (including sites yes --- that disturb less than one acre that are part of a larger common plan of development or sale). If yes, the site plan reviews addressed how the project applicant meets the yes performance standards. If yes, the site plan reviews addressed how the project will ensure long-term Yes --- maintenance. Comments ILF.2.d The permittee maintained an inventory of projects with post -construction Inventory of Projects structural stormwater control measures installed and implemented at new Yes --- development and redeveloped sites. The inventory included both public and private sector sites located within the permittee's corporate limits that are covered by its post -construction ordinance Yes requirements. Comments II.F_2.e The permittee provided mechanisms such as recorded deed restrictions and Deed Restrictions protective covenants that ensure development activities will maintain the project Yes and Protective consistent with approved plans. Covenants Comments II.F_2.f The permittee implemented or required an operation and maintenance plan forTa to the long-term operation of the SCMs required by the program. Require Long-term Operation and The operation and maintenance plan required the owner of each SCM to perfor TNo---- Maintenance and maintain a record of annual inspections of each SCM. Annual inspection of permitted structural SCMs are required to be performed by qualifiedMechanism professional. Comments Inspections are triannual basis. ILF.2-9 Self -Audit Date(s): 2/19/2021 Page 10 of 12 M54 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Session Law 2006- < 246 program Requirement Status Supporting Inspections of boc No. Structural Control developed and implemented a written inspection program for SCMs Measures Measuresdocumented Linstalledant to the post -construction program. No--- and maintained records of inspections. No --- _-Comments The permittee documented and maintained records of enforcement actions. Yes --- R.F_2.h The permittee made available through paper or electronic means, ordinances, Educational post -construction requirements, design standards checklists, and other materials Materials and appropriate for developers. Training for Nate: New materials may be developed by the permittee, or the permittee may use Yes ___ Developers materials adopted from other programs and adapted to the permittee's new development and redevelopment program. Comments (if the permittee has adopted materials from other programs, indicate here which materials they are using) Reference Buncombe County stormwater website II.F.2.i Enforcement The permittee tracked the issuance of notices of violation and enforcement actions. res If yes, the tracking mechanism included the ability to identify chronic violators for initiation of actions to reduce noncompliance. pareiai Comments ILF3.b New Development The permittee fully complies with post construction program requirements on its own publicly funded construction projects. Yes --- Comments Self -Audit Date(s): 2/19/2021 Page 11 of 12 MS4 Permit Self -Audit Report Woodfin, NC: NPDES Permit No. NCS000440 Session Law 2006- program Requirement Status Supporting Doc No. 246 II.F_3.c Does the M54have areas draining to Nutrient Sensitive Waters (NSW) pursuant to No --- Nutrient Sensitive 15A NCAC 02H .0150? Waters If yes, does the permittee use SCMs that reduce nutrient loading in oT --- meet meet local program requirements. If yes, does the permittee also still incorporate the stormwater contr required for the project's density level. If yes, does the permittee also require documentation where it is not use SCMs that reduce nutrient loading. Comments (Provide reference for local requirements) II.F_3.d The permittee ensured that the design volumes of SCMs take into account the Yes --- Design Volume runoff at build out from all surfaces draining to the system. Where "streets" convey stormwater, the permittee designed SCMS to be sized to treat and control stormwater runoff from all surfaces draining to the SCM including Yes --- streets, driveways, and other impervious surfaces. Comments Self -Audit Date(s): 2/19/2021 Page 12 of 12 F ENVIRONMENT ARTICLE V. SOIL EROSION AND SEDIMENTATION CONTROL* DIVISION 1. GENERALLY Sec. 26-206. Title and authority of article. This article may be cited as the county soil erosion and sedimentation control ordinance, and is adopted pursuant to the authority granted in the North Carolina Sedimentation Pollution Con- trol Act of 1973, G.S. 113A-50 et seq. (Ord. No. 20172, § 1, 2-2-93) Sec. 26-207. Jurisdiction of article. This article is hereby adopted by the county board of commissioners to apply to all of the county outside of the incorporated areas. Except as provided in this section, the provisions of this article shall not be applicable to and shall not be enforced within the corporate limits or jurisdic- tion of any municipality in the county. A munici- paIity may come within the provisions of this ordinance at any time by mutual agreement with the county and by the adoption of an appropriate resolution by the governing body of such munici- pality pursuant to G.S. 153A-122 agreeing that this ordinance shall be enforced within the corpo- rate limits or jurisdiction of the municipality. (Ord. No. 20172, § 2, 2-2-93; Ord. No. 96-8-7, § 1, 8-20-96) Sec. 26.208. Purpose of article. This article is adopted for the purposes of: (1) Regulating certain land disturbing activ- ity to control accelerated erosion and sed- imentation in order to prevent the pollu- tion of water and other damage to lakes, watercourses, and other public and pri- vate property by sedimentation; and (2) Establishing procedures through which these purposes can be fulfilled. (Ord. No. 20172, § 3, 2-2-93) *Cross reference —Subdivisions, ch. 70. State law reference —Authority to adopt rules and reg- ulations to establish and enforce soil erosion and control programs, C.S. 1.13A-60. Sec. 26-209. Definitions. § 26-209 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accelerated erosion means any increase over the rate of natural erosion as a result of land disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973, G.S. 113A 50 et seq., and all rules and orders adopted pursuant to it. Adequate erosion control measure, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land disturbing activ- ity. Affiliate means a person that directly or indi- rectly through one or more intermediaries con- trols, is controlled by, or is under common control of another person. Being conducted means a land disturbing ac- tivity has been initiated and permanent stabili- zation of the site has not been completed. Borrow means fill material which is required for onsite construction and is obtained from other locations, Buffer zone means the strip of land adjacent to a lake or natural watercourse, Certificate of compliance means a certificate issued by the county indicating that the required temporary and/or permanent erosion control mea- sures shown on the approved plan have been constructed correctly and are operating correctly and that the site has been satisfactorily stabilized except for routine maintenance requirements. Coastal counties means the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare., Gates, Hertford, Hyde, Now Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and Washington. Commission means the state sedimentation control commission. Supp. No. 15 CD26:25 § 26-209 BUNCOMBE COUNTY CODE Completion of construction or development means that no further land disturbing activity is re- quired on a phase of a project except that which is necessary for establishing a permanent ground cover. Department means the state department of environment, health, and natural resources. Detention basin means a facility constructed or modified to represent flow of storm water to a prescribed maximum rate and to concurrently detain the excess waters that accumulate behind the outlet. Director means the director of the division of land resources of the state department of environ- ment, health, and natural resources. Discharge point means that point at which runoff leaves a tract of land. District means the county soil and water con- servation district created pursuant to G.S, 139-1 et seq. Energy dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land sur- face by the action of wind, water, gravity, or any combination thereof. Erosion control officer means the county ero- sion control officer or his duly authorized repre- sentatives. Forest lands means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incom- patible with timber growing. Forest practices means any activity conducted on or directly pertaining to forest land and relat ing to growing, harvesting, or processing timber. Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High quality water (HQW) zones means areas that are within one mile of and drain to HQWs. High quality waters means those classified as such in 15A NCAC2B.o101(e)(5)—Genera1 Proce- dures, which is incorporated herein by reference to include further amendments pursuant to G.S. 15013-14(c). Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sed- iment. Land disturbing activity means any use of, or operations on, the land by any person in residen- tial, industrial, educational, institutional, or com- mercial development, highway and road construc- tion and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Land disturbing permit means the document issued by the county which allows grading oper- ations to commence and to proceed in accordance with the requirements of this article. Local government means any county, incorpo- rated village, town, or city, or any combination of counties, incorporated villages, towns, and cities acting through a joint program pursuant to the provisions of the Act. Logging means the practice of harvesting prod- ucts or timber from a tract or part of a tract of land and then perpetuating a stand of timber or forest products on the same tract of land within reasonable timeframes and accepted best manage- ment practice guidelines as recommended by the Forest Practice Guidelines Related to Water Qual- ity pursuant to the provisions of G.S. ch. 150B. Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. Parent means an affiliate that directly or indi- rectly, through one or more intermediaries, con- trols another person. Person means any individual, partnership, fuze, association, joint venture, public or private corpo- 8upp. No. 15 CD26:26 ENVIRONMENT ration, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person conducting land disturbing activity means any person who may be held responsible for a violation unless expressly provided other- wise by this article, the Act, or any order adopted pursuant to this article or the Act. Person responsible for the violation means, as used in this article and G.S. 113A-64: (1) The developer or other person who has or holds himself out as having financial or operational control over the land disturb- ing activity; or (2) The landowner or person in possession or control of the land when he has directly or indirectly allowed the land disturbing ac- tivity or has benefitted from it, or he has failed to comply with any provision of this article, the Act, or any order adopted pursuant to this article or the Act as imposes a duty upon him. Phase of grading means one of two types of grading, rough or fine. Plan means an erosion and sedimentation con- trol plan. Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land disturbing activity or into a lake or natural wa- tercourse. Siltation means sediment resulting from accel- erated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; which has been transported from its point of origin within the site of a land disturbing activity; and which has been depos- ited, or is in suspension in water, Storm drainage facilities means the system of inlets, conduits, channels, ditches, and appurte- § 26-209 nances which serve to collect and convey stormwater through and from a given drainage area. Stormumter runoff means the direct runoff of water resulting from precipitation in any form. Subsidiary means an affiliate that is directly or indirectly, through one or more intermediaries, controlled by another person. Ten-year storm means the surface runoff result- ing from a rainfall of an intensity expected to be equalled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness condi- tions. Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. 71venty-five-year storm means the surface run- off resulting from a rainfall of an intensity ex- pected to be equalled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff from the watershed of interest under average anteced- ent wetness conditions. Uncovered means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activ- ity, or phase of activity, which results or will result in a change in the ground cover or topog- raphy of a tract of land. Velocity means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Over- load flows are not to be included for the purpose of computing velocity of flow. Waste means surplus materials resulting from onsite construction and disposed of at other loca- tions. Supp. No. 15 CD26:27 § 26-209 BUNCOMBE COUNTY CODE Working days means days, exclusive of Satur- day and Sunday, during which weather conditions or soil conditions permit land disturbing activity to be undertaken. (Ord. No. 20172, § 4, 2-2-93; Ord. No. 96-8-7, § 2, 8-20-96; Ord. No. 99-3-7, § 4, 3-16-99; Ord. No. 06-04-02, § 1, 4-4-06) Cross reference —Definitions generally, § 1-2. See. 26.210. Scope of article and exclusions from article. (a) Geographical scope of regulated land -dis- turbing activity. This article shall apply to land - disturbing activity within the territorial jurisdic- tion of Buncombe County and to the extraterritorial jurisdiction of Biltmore Forest, Black Mountain, Woodfin, Weaverville, and Montreat as allowed by agreement between local governments. (b) Exclusions from regulated land -disturbing activity. Notwithstanding the general applicabil- ity of this article to all land -disturbing activity, this article shall not apply to the following types of land -disturbing activity: (1) Activities including the breeding and graz- ing of livestock, undertaken on agricul- tural land for the production of plants and animals useful to man, including, but not limited to: a. Forages and sod crops, grains and feed crops, tobacco, cotton and pea- nuts. b. Dairy animals and apiary products. C. Poultry and poultry products. d. Livestock, includingbeef cattle, sheep, swine, horses, ponies, mules and goats. e. Bees and dairy products f. Fur producing animals. (2) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management prac- tices set out in Forest Practice Guidelines Related to Water Quality, as adopted by the board of commissioners. (3) Activities for which a permit is required under the mining act, G.S. 74-46 et seq. (4) For the duration of an emergency, activi- ties essential to protect human life. (5) Land disturbing activity over which the state has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). (Ord. No. 20172, § 5, 2-2-93; Ord, No. 96-8-7, § 3, 8-20-96; Ord. No. 06-04-02, § 2, 4-4-06) Sec. 26-211. General requirements. (a) Plan required. No person shall initiate any land disturbing activity as defined in this section without an erosion control plan as described in section 26-228, approved by the county, and with- out having a land disturbing permit as described in section 26-226. For the purposes of this article, an erosion control plan shall be required for: (1) Any land disturbing activity which uncov- ers one or more acres (43,560 square feet) on a tract of land. (2) Reserved. (3) Any residential land disturbing activity which uncovers one -quarter acre or more (10,890 square feet) on a lot, parcel, or tract with an average slope of 25 percent or greater in its natural state and applies to chapter 70, Subdivisions, section 70-68. (b) Protection of property. Persons conducting land -disturbing activity shall take all reasonable measures to protect all public and private prop- erty from damage caused by such activities. (c) More restrictive rules shall apply. Any res- idential land disturbing activity which uncovers one-half acre or more (21,750 square feet) on a lot, parcel or tract with an average slope 15 to 25 percent in its natural state and applies to chapter 70, Subdivisions, section 70.68. (Ord. No. 20172, § 6, 2-2-93; Ord. No. 96-8-7, § 4, 8-20-06; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, § 1, 8-5-03; Ord. No. 06-04-02, § 3, 4.4-06; Ord. No. 06-08-04, § 1, 8-1-06) Supp. No. 15 CD26:28 ENVIRONMENT § 26-226 Sec. 26-212. Basic control objectives, suant to the provisions of G.S. ch. 150B. Until An erosion and sedimentation control plan may forest practice guidelines are adopted, activities be disapproved pursuant to section 26-228 if the undertaken on forest land for the production and plan fails to address the following control objec- harvesting of timber products will be subject to tives: this article. (1) Identify critical areas. Onsite areas which are subject to severe erosion and offsite areas which are especially vulnerable to damage from erosion and/or sedimenta- tion are to be identified and receive spe- cial attention. (2) Limit time of exposure. All land disturb- ing activity is to be planned and con- ducted to limit exposure to the shortest feasible time. (3) Limit exposed areas. All land disturbing activity is to be planned and conducted to minimize the size of the area to be ex- posed at any one time. (4) Control surface water. Surface water run- off originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of expo- sure. (5) Control sedimentation. All land disturb- ing activity is to be planned and con- ducted so as to prevent offsite sedimenta- tion damage. (6) Manage stormwater runoff. When the in- crease in the velocity of stormwater run- off resulting from a land disturbing activ- ity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and in- creased sedimentation of the stream. Plan designer must furnish a statement of an on site downstream evaluation for assess- ment of 25-year storm velocity impacts to adjoining property. (Ord. No. 20172, § 7, 2-2-93; Ord. No. 06-04-02, § 3, 4-4-06) Sec. 26-213. Forest practice guidelines. (a) It is the intent of the board of commission- ers to adopt Forest Practice Guidelines Related to Water Quality (best management practices) pur- Supp. No. 21 (b) If land disturbing activity undertaken on forest land for the production and harvesting of timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this article shall apply to such activity and any related land disturbing activity on the tract. Secs. 26-214-26.225. Reserved. DIVISION 2. ADMINISTRATION AND ENFORCEMENT* Sec. 26.226. Permits. (a) Required; exceptions. Except as provided in section 26-210, no person shall undertake any land disturbing activity subject to this article without first obtaining a permit therefor from the county, except that no permit shall be required for any land disturbing activity: (1) For the purpose of fighting fires; (2) For the stockpiling of raw or processed sand, stone, or gravel in material process- ing plants and storage yards, provided that sediment control measures have been utilized to protect against offsite damage; or (3) Less than one acre (43,560 square feet) that does not apply to chapter 70, Subdi- visions, section 70-68. (4) In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (b) Requirements of applicant. To obtain a land disturbing permit the following is required: (1) Completed land disturbing permit appli- cation. CD26:29 (2) Completed and signed erosion control plan checklist. *Cross reference Admiuistration, cL- 2, § 26-226 (3) Plan review fee. BUNCOMBE COUNTY CODE (4) An approved erosion control plan (two copies). (5) A copy of the approved stormwater plan, approval letter and permit. In all circumstances where a stormwater permit is required in accordance with Buncombe County ordinances, such stormwater permit must be ob- tained before a land disturbing permit may be issued pursuant to this section. Note: If the intent is to disturb land, which requires a land disturbing permit, regardless of time frame, a land disturbing permit must be obtained prior to beginning the land disturbing activity. (e) Issuance prerequisite to building permit. The county shall not issue any building permits for projects on sites where a land disturbing permit is required unless and until a land disturb- ing permit has been issued. (d) Fees. The county may establish fees as considered necessary to defray costs of adminis- tering this article. Plan review fees shall be double the normal fee amount when land disturb- ing activity begins before a land disturbing per- mit is obtained from the county. An applicant shall be entitled to two plan reviews of any application without payments of an additional plan review fee. This shall be con- strued to mean review of the original application and review of the re -submittal of that application with or without revisions. Any re -submittal by the applicant thereafter shall be treated as a new application and must be accompanied by payment of the full plan review fee. The county board of commissioners shall estab- lish plan review fees, and may amend and update the fees annually during the budget process. (e) Display. A land disturbing permit issued under this article shall be prominently displayed on the site until all construction is completed, all permanent sedimentation and erosion control mea- sures are installed and the site has been substan- tially stabilized, as required. (Ord. No. 20172, § 17, 2-2-93; Ord. No. 96-6-16, §§ 1--3, 6-18-96; Ord. No. 96-8-7, § 5, 8-20-96; Ord. No. 99-4-3, § 1, 4-13-99; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 2-5, 8-5-03; Ord. No. 06-04-02, § 4, 4-4-06; Ord. No. 06-08-04, § 1, 8-1-06; Ord. No. 06-11-01, § 1, 11-7-06; Ord. No. O8-01-05, § 1, 1-8-08; Ord. No. 11-06-03, § 1, 6-7-11) Sec. 26.227. Revocation of permits. (a) If inspection of a site of land disturbing activity indicates that the site is not in compli- ance with either this article or the erosion control plan approved for the site, the county shall serve a notice of violation by registered or certified mail or by any means authorized under G.S. IA -I, Rule 4, or other means reasonably calculated to give actual notice, upon the person conducting the land disturbing activity and, if different from that party, the property owner. The notice shall set forth the actions necessary to achieve compliance with the plan or this sec- tion, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in one or more of the following: (1) Revocation of the land disturbing permit and all building permits; (2) The issuance of a stop work order; (3) The assessment of civil penalties; or (4) Other enforcement action. If the site of land disturbing activity is not brought into compliance with this section or the plan within the time stated in the notice, the county shall (1) revoke the land disturbing permit and immediately revoke all building permits granted for the site pursuant to N.C.G.S. § 153A- 362 or (2) issue a stop work order pursuant to N.C.G.S. § 153A-361. (b) When work under a land disturbing permit is not begun within six months following the date of issuance of the land disturbing permit, the land disturbing permit shall be deemed to be expired. If land disturbance has begun within six months of the date of issuance the land disturbing permit will expire five years from date of issuance. Re- newal of the land disturbing permit will require a Supp. No. 21 CD26:30 ENVIRONMENT new application and new plan review fees. Nc grading work is to be performed until the new permit is issued. (Ord. No. 20172, § 18, 2-2-93; Ord. No. 96-8-7, §§ 6, 7, 8-20-96; Ord, No. 99-4-3, § 2, 4-13-99; Ord. No. 06-08-04, § 1, 8-1-06) Sec. 26-228. Erosion and sedimentation con- trol plans. (a) Filing; review; revision. Persons conducting a land disturbing activity on a tract which re- quires a land disturbing permit shall file two Supp. No. 21 CD26:30.1 § 26-228 ENVIRONMENT copies of the erosion control plan with the county at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. After approving the plan, if the county, either upon review of such plan or on inspection of the job site, determines that a sig- nificant risk of accelerated erosion or offsite sed- imentation exists, the county will require a re- vised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. No person may initiate a land disturbing activity before notifying the county of the date that the land disturbing activity will begin. When deemed necessary a preconstruction conference may be required. (b) Statement of financial responsibility and ownership. Erosion control plans may be disap- proved unless accompanied by a notarized state- ment of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. This statement shall be included on the land disturbing permit application form required by this article. If the person financially responsible is not a resident of the state, a state agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this article, or rules or orders adopted or issued pursuant to this article. (c) Review by county soil and water conserva- tion district. One copy of the erosion control plan shall be forwarded by the county to the county soil and water conservation district for its review. Within 20 days of receipt, or within such addi- tional time as may be prescribed by the county, the district shall review such plan and submit its comments and recommendations to the county. Failure of the county soil and water conservation district to submit its comments and recommenda- tions within 20 days or within the prescribed additional time shall not delay final action on the plan. § 26-228 (d) Review by county, approval or disapproval. The county shall review each complete plan sub- mitted to it and within 20 days of receipt thereof shall notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or dis- approved. However, the county shall make every attempt possible to complete its review of the plan within 20 days of receipt. Failure to approve or disapprove a complete erosion and sedimentation control plan within 20 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disap- proval. The county must approve, approve with modifications, or deny a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land disturbing activity pursuant to an approved plan, the county determines that the plan is inadequate to meet the requirements of this article, the county may require such revisions as are necessary to comply with this article. The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws, regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of ditches for the purpose of de - watering or lowering the water table must be forwarded to the director of the division of water quality. (e) Environmental document. Any plan submit- ted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S, 113A-1 et seq.) shall be deemed incomplete until a com- plete environmental document is available for review. The county shall promptly notify the per- son submitting the plan that the 20-day time limit for review of the plan pursuant to subsection (d) of this section shall not begin until a complete environmental document is available for review. (f) Contents of plan The erosion control plan required by this section shall contain architec- tural and engineering drawings, maps, assump- tions, calculations, and narrative statements as needed to adequately describe the proposed devel- opment of the tract and the measures planned to comply with the requirements of this article. All erosion and sedimentation control plans shall 8upp. No, 15 CD26:31 § 2e-228 BUNCOMBE COUNTY CODE contain a maintenance plan addressing short- term and long-term maintenance of measures. Long-term maintenance of ground covers must be addressed in the maintenance plan. The plan may be included in the construction sequence or vege- tation specifications, if appropriate. However, more detailed maintenance plans will be required where deemed appropriate. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the county on request. (g) Conditions for disapproval of plan. An ero- sion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant: (1) Is conducting or has conducted land dis- turbing activity without an approved plan, or has received notice of violation of a plan previously approved by the commis- sion or a local government pursuant to the Act and has not complied with the notice within the time speed in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any crim- inal provision of a local ordinance adopted pursuant to the Act; or (4) Has failed to substantially comply with state rules or local ordinances and regu- lations adopted pursuant to the Act. For purposes of this subsection an applicant's record may be considered for only the two years prior to the application date. (h) Amendment of plan. Applications for amend- ment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by the county, the land disturbing activity shall not proceed except in accordance with the erosion control plan as originally approved. (i) Failure to file; conducting activity without plan. Any person engaged in land disturbing activity who fails to file a plan in accordance with this article, or who conducts a land disturbing activity, except in accordance with provisions of an approved plan, shall be deemed in violation of this article. O All plans, applications and the checklist shall be accompanied by the requisite fee as established in the county fee schedule ordinance. (Ord. No. 20172, § 19, 2-2-93; Ord. No. 96-8-7, §§ 8-10, 8-20-96; Ord. No. 99-3-7, § 3, 3-16-99; Ord. No. 99-12-4, § 1, 12-7-99; Ord. No. 00-09-10, § 1, 9-12-00; Ord. No. 01-02-20; § 2, 2-20-01; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, § 6, 8-5-03) Sec. 26.229. Appeals from disapproval or ap- proval with modifications of plans. (a) Except as provided in subsection (b) of this section the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion control plan by the county shall entitle the person submitting the plan to the erosion control officer to a hearing within 15 days after receipt of written notice of disapproval or modifica- tions. Sapp. No. 15 CD26:32 (2) Hearings held pursuant to this section shall be conducted by a plan review com- mittee consisting of the county engineer, director of county general services, and the director of planning and development, within 30 days after the date of the appeal or request for a hearing. (3) The plan review committee shall decide appeals within 15 days after the date of the hearing on any erosion control plan. (4) If the county plan review committee up- holds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the local government's ENVIRONMENT decision to the state sedimentation con- trol commission, as provided in G.S. 113A- 61(c) and Title 15 N.C.A.C. 4B .0018(d). (b) If an erosion control plan is disapproved pursuant to section 26-228(g), the county shall notify the director of the division of land resources of such disapproval within ten days. The county shall advise the applicant and the director in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the county's disapproval of the plan pursuant to sec- tion 26-228(g) directly to the commission. (Ord. No. 20172, § 20, 2-2-93) Sec. 26.230. Inspections and investigations. (a) Inspections required. Agents, officials or other qualified persons authorized by the county will inspect the sites of land disturbing activity to determine compliance with theAct, this article, or rules or orders adopted or issued pursuant to this article; to determine whether the activity is being conducted in accordance with an approved plan; and whether the measures required in the plan are effective in controlling erosion and sediment resulting from land disturbing activity. Notice of the right to inspect shall be included in the notification of plan approval. (b) Notice of violation; compliance time period specified; enforcement. If, through inspection, it is determined that a person engaged in land disturb- ing activity has failed to comply with the Act, this article, or rules or orders adopted or issued pur- suant to this article, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or by any means authorized under G.S. IA-1, Rule 4. The notice shall set forth the actions necessary to achieve compliance with the plan or this article, specify a date by which the person must comply with the Act, this article, and inform the person of the actions that need to be taken to comply with the Act, this article, and warn that failure to correct the violation within the time period shall result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or inter- § 26-231 fering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land disturbing activity fails to comply within the time specified, enforce- ment action shall be initiated. (c) Right of entry. The county shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the county who requests entry for purposes of inspec- tion, and who presents appropriate credentials, nor shall any person obstruct, hamper, or inter- fere with any such representative while in the process of carrying out his official duties. (d) Requiring written statements; filing of re- ports. The county shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land disturbing activity. (e) Certificate of compliance; issuance. A certif- icate of compliance shall be issued to the person conducting the land disturbing activity upon sat- isfactory project completion. (Ord. No. 20172, § 21, 2-2-93; Ord. No. 96-8-7, § 11, 8-20-96; Ord. No. 06-04-02, § 5, 4-4-06) Sec. 26-231. Penalties for violation of arti- cle. (a) Civil penalties. Civil penalties may be im- posed as follows: (1) Any person who violates any of the provi- sions of this article, or rules or orders adopted or issued pursuant to this article, or who initiates or continues a land dis- turbing activity for which an erosion con- trol plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil Penalty. The maximum civil penalty for a violation of this article is $5,000.00. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified Supp. No. 15 CD26:33 § 26-231 BUNCOMBE COUNTY CODE mail, return receipt requested, or as pro- vided in G.S.113A-61-1(b), or other means reasonably calculated to give actual no- tice. The notice shall describe the viola- tion with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assess- ment of a civil penalty or other enforce- ment action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil pen- alty may be assessed from the date the violation is detected. Refusal to accept the notice or failure to notify the county ero- sion control officer of a change of address shall not relieve the violator's obligation to pay such a penalty. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hamper- ing or interfering with an authorized rep- resentative while in the process of carry- ing out his official duties. Each day of a continuing violation shall constitute a sep- arate violation. The act clarifies that a person may be assessed a one-time civil penalty of up to $5,000.o0 for the day the violation is first detected. (2) Civil penalties shall be assessed for the violations listed below pursuant to the following schedule: a. For failure to submit an acceptable erosion control plan for approval as required by this article, $100.00 per day. Any person who is subject to a civil penalty under this division may be subject to additional civil penal- ties for violation of other provisions of this article, or rules or orders adopted or issued pursuant to this article (section 26-228). b. For failure to secure from the county erosion control office a valid land disturbing permit (section 26-226) prior to conducting a land disturbing activity, $50.00 per day. supp. No. 15 CD26:34 C. For failure to take all reasonable measures to protect public property, private property, a lake or natural watercourse, from damage caused by land disturbing activities (section 26-211), $50.00 per day. d. For failure to comply with the design and performance standards for High Quality Water (HQW) zones as per section 26-247(b), $50.00 per day. e. For failure to conduct a land disturb- ing activity in accordance with the provisions of the erosion sedimenta- tion control plan which was ap- proved by the county erosion control office, (section 26-228), $50.00 per day. f. For failure to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of the tract (sections 26-211 and 26- 246), $50.00 per day. g. For failure to provide along trout waters an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation by natural or artificial means within 25 percent of that portion of the buffer zone near- est the land disturbing activity, which- ever is the greater width (section 26-246), $50.00 per day. h. For failure to maintain temporary and permanent erosion and sedimen- tation control measures and facili- ties during the development of the site (section 26-252), $50.00 per day. i. For failure to maintain on graded slopes and fills an angle sufficient to retain vegetative cover or other ade- quate erosion control devices or struc- tures (section 26-246), $50.00 per day. j, For failure within 15 working days or 30 calendar days, whichever pe- riod is shorter, after completion of ENVIRONMENT any phase of grading to plant or otherwise provide exposed graded slopes or fills with ground cover, devices, or structures sufficient to retain erosion (section 26-246), $50.00 per day. k. For failure to plant or otherwise pro- vide ground cover sufficient to re- strain erosion within 15 working days or 90 calendar days, whichever is the shorter, following completion of con- struction or development (section 26- 246), $25.00 per day. 1. For failure to file an acceptable, re- vised erosion and sedimentation con- trol plan after being notified by the county erosion control office of the need to do so (section 26-228), $25.00 per day. in. For failure to retain along a lake or natural watercourse a buffer zone of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturb- ing activity (section 26-246), $25.00 per day. (3) After determining the penalty, the erosion control officer shall recommend and the county planning director assess the pen- alty against the person or entity deemed to be in violation of this article by mailing by registered or certified mail, return re- ceipt requested, or by any means autho- rized under G.S. IA-1, Rule 4, or other means reasonably calculated to give ac- tual notice, to the person responsible for the violation a notice of assessment and demand for payment, which shall include therein a detailed description of the vio- lation for which the penalty has been imposed, the amount of the penalty and the reason for assessing the penalty. (4) If payment is not received or equitable settlement reached within 30 days after the notice of assessment and demand for payment has been received, the matter shall be referred to the county attorney for institution of a civil action in the Rupp. No.15 CD26:35 § 26-231 appropriate division of the general courts of justice to recover the amount of the assessment. An assessment that is not contested is due when the violator is served with a notice of assessment. An assess- ment that is contested is due at the con- clusion of the administrative and judicial review of the assessment. (5) Any monies received from the collection of Penalties shall be deposited in the county planning department's operating budget in order to be used to enforce the purposes and requirements of this article. (b) Appeal of civil penalty assessment. (1) A person or entity assessed with a civil penalty must select one of the following options within 30 days after receipt of the notice of assessment and demand for pay- ment: a. Tender to the county planning direc- tor or county finance office full pay- ment of the penalty; or b. Submit in writing to the county plan- ning director, a request for an admin- istrative hearing specifying the fac- tual or legal issues to be contested. (2) Failure to request an administrative hear- ing as provided in subsection (1) above will be deemed a waiver of any and all rights of review, either by the board of adjustment or by the general courts of justice, of the assessment of the civil pen- alty. (3) If the alleged violator requests an admin- istrative hearing, no further demand for Payment will be made by the erosion control officer unless a final decision is made by the board of adjustment which upholds the assessment of a penalty. (4) Any person or entity who is aggrieved by a final decision by the board of adjust- ment is entitled to judicial review of such decision by the general court of justice, superior court division, by proceedings in the nature of certiorari; provided such petition for review is filed with the clerk of superior court within 30 days after a § 26-231 BUNCOMBE COUNTY CODE written copy of the decision of the board is delivered to the aggrieved party, either by personal service or by registered or certi- fied mail, return receipt requested, pur- suant to G.S. 153A-345(e). (5) No provision of this section shall be con- strued to restrict or impair the right of the erosion control officer or the county to pursue any other remedy provided by law or equity for violations of this article, including the right to assess penalties for violations of this article occurring during the appeal process. (c) Criminal penalties. Any person who know- ingly or willingly violates any provision of this article, or rule or order adopted or issued pursu- ant to this article, or who knowingly or willfully initiates or continues a land disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a class 2 misdemeanor, which may in- clude a fine not to exceed $5,000.00, as provided by G.S. 113A-64. (Ord. No. 20172, § 22, 2-2-93; Ord. No. 96-8-7, § 12, 8-20-96; Ord. No. 99-3-7, § 1, 3-16-99; Ord. No. 99-12-4, § 2, 12-7-99; Ord. No. 01-02-20, § 1, 2-20-01) Sec. 26.232. Injunctive relief. (a) Whenever the planning director or his des- ignee has reasonable cause to believe that any person is violating or threatening to violate this article or any rule or order adopted or issued pursuant to this article, or any term, condition, or provision of an approved erosion control plan, the planning director or his designee may, either before or after the institution of any other action or proceeding authorized by this article, institute a civil action in the name of the county for injunctive relief to restrain the violation or threat- ened violation. The action shall be brought in the county superior court. (b) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are nec- essary to abate the violation to ensure that resto- ration is performed or to prevent the threatened violation. The institution of an action for injunc- tive relief under this section shall not relieve any party to such proceedings from any civil or crim- inal penalty prescribed for violations of this arti- cle. (Ord. No. 20172, § 23, 2-2-93) Secs. 26-233-26.245. Reserved. DIVISION 3. LAND DISTURBING ACTIVITIES Sec. 26-246. Mandatory standards. No land disturbing activity subject to the con- trol of this article shall be undertaken except in accordance with the following mandatory require- ments: (1) Buffer zone. Buffer zone standards shall be as follows: a. No land disturbing activity during periods of construction or improve- ment to land shall be permitted in proximity to a lake or natural water- course unless a buffer zone is pro- vided along the margin of the water- course of sufficient width to confine visible siltation within the 25 per- cent of the buffer zone nearest the land disturbing activity. Waters that have been classified as trout waters by the state environmental manage- ment commission shall have an un- disturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest the land disturb- ing activity, whichever is greater; provided, however, that the county may approve plans which include land disturbing activity along trout waters when the duration of the dis- turbance would be temporary and the extent of the disturbance would be minimal. This subsection shall not apply to a land disturbing activ- ity in connection with the construc- Supp. No. 15 CD26:36 ENVIRONMENT § 26-246 tion of facilities to be located on, calendar days after completion of any over, or under a lake or natural phase of grading be planted or otherwise watercourse. provided with temporary or permanent b. Unless otherwise provided, the width ground cover, devices or structures suffi- of a buffer zone is measured horizon- cient to restrain erosion. The angle for tally from the edge of the water to graded slopes and fills must be demon - the nearest edge of the disturbed strated to be stable. Stable is the condi- area, with the 25 percent of the strip tion where the soil remains in its original nearer the land disturbing activity configuration, with or without mechanical containing natural or artificial means constraints. In order to provide stabiliza- of confining visible siltation, tion and maintenance of graded slopes and fills, a sufficient setback, as deter- C. The 25-foot minimum width for an mined by the county erosion control of - undisturbed buffer zone adjacent to ficer, must be provided between all prop - designated trout waters shall be mea- erty lines and the top of graded slopes sured horizontally from the top of (cuts) and the toe of fills. the bank. (3) Ground coder. Whenever land disturbing d. Where a temporary and minimal dis- activity is undertaken on a tract requiring turbance is permitted as an excep- a land disturbing permit, the person con- tion by subsection (1)a of this sec- ducting the land disturbing activity shall tion, land disturbing activities in the install such sedimentation and erosion buffer zone adjacent to designated control devices and practices as are sutiii- trout waters shall be limited to a cient to retain the sediment generated by maximum of ten percent of the total the land disturbing activity within the length of the buffer zone within the boundaries of the tract during construc- tract to be distributed such that there tion upon and development of the tract, is not more than 100 linear feet of and shall plant or otherwise provide a disturbance in each 1,000linear feet permanent ground cover sufficient to re - of buffer zone. Larger areas may be strain erosion after completion of construc- disturbed with the written approval tion or development within 15 working of the director. days or 90 calendar days following com- e. No land disturbing activity shall be pletion, whichever period is shorter ex - undertaken within a buffer zone ad- cept as provided in section 26-247(b)(5). jacent to designated trout waters (4) Prior plan approval. No person shall ini- that will cause adverse temperature tiate any land disturbing activity on a fluctuations, as set forth in 15 tract requiring a land disturbing permit N.C.A.C. 2B.0211 "Fresh Surface Wa- unless, 20 or more days prior to initiating ter Classification and Standards," in the activity, an erosion and sedimentation these waters. control plan for the activity is filed with (2) Graded slopes and fills. The angle for the county. Should the plan be filed, ap- graded slopes and fills shall be no greater proved and a land disturbing permit be than the angle that can be retained by issued in less than 20 days from the filing vegetative cover or other adequate ero- of the plan, the land disturbing activity sion control devices or structures and shall may commence. not have fill -slopes steeper than 2 HAV, (5) Onsite meeting. The person conducting nor cut slopes steeper than 1.5H;1V at a land disturbing activity or an agent of maximum of 20 feet in height unless de- that party shall contact the erosion con- signed by a geotechnical engineer. In any trol officer at least 48 hours before com- event, slopes left exposed will, within 21 mencement of the land disturbing activity Supp. No. 15 CD26:36.1 $ 26-216 BUNCOMBE COUNTY CODE for the purpose of arranging an onsite meeting with the erosion control officer or duly authorized representative to review and discuss the approved plan and the proposed land disturbing activity. (Ord. No. 20172, § 8, 2-2-93; Ord. No. 96-8-7, §§ 13, 14, 8-20-96; Ord. No. 99-3-7, § 2, 3-16-99; Ord. No. 00-09-10, § 2, 9-12-00; Ord. No. 03-05-19, 5-20-02; Ord. No. 03-08-11, §§ 7, 8, 8-5-03; Ord. No. 06-04-02, § 6, 4-4-06) See. 26.247. Design and performance stan- dards. (a) Erosion and sedimentation control mea- sures, structures and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak rate of runoff from the twenty-five year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's 'National En- gineering Field Manual for Conservation Practic- es," or other acceptable calculation procedures. (b) In high quality water (HQW) zones the following design standards shall apply: (1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land disturbing activity within an HQW zone shall be governed by this section. Larger areas maybe uncovered within the bound- aries of the tract with the written ap- proval of the director. (2) Erosion and sedimentation control mea- sures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25-year storm which pro- duces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National En- gineering Field Manual for Conservation Practices," or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. (3) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70 percent for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to proce- dures in the United States Department of Agriculture Soil Conservation Services "Na- tional Engineering Field Manual for Con- servation Practices," or according to pro- cedures adopted by any other agency of this state or the United States or any generally recognized organization or asso- ciation. (4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two hor- izontal to one vertical if a vegetative cover is used for stabilization, unless soil condi- tions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other accept- able ditch liners. In any event, the angle for side slopes shall be sufficient to re- strain accelerated erosion. (5) Ground cover sufficient to restrain ero- sion must be provided for any portion of a land disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter. (Ord. No. 20172, § 9, 2-2-93; Ord. No. 06-04-02, § 7, 4-4-06) Sec. 26.248. Stormwater outlet protection. (a) Generally. Persons shall design and con- duct land disturbing activity so that the post construction velocity of the twenty -five-year storm runoff in the receiving watercourse to the dis- charge point does not exceed the greater of: (1) The velocity established by the table in subsection (d) of this section; or (2) The velocity of the twenty -five-year storm runoff in the receiving watercourse prior to development. Rupp. No. 16 CD26:36.2 ENVIRONMENT Note: In any case a minimum ten -foot undis- turbed setback to adjoining property at all drain- age outfalls is required. Refer to subdivision ordi- nance for additional requirements section 70-66 general requirements. If the condition in subsection (a)(1) or (a)(2) of this section cannot be met, then the receiving water- course to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the prior to development velocity by ten percent. In any case a minimum ten -foot undisturbed setback to adjoining property at all drainage outfalls is required. Refer to subdivision ordi- nance for additional requirements section 70-66 general requirements. Note: Detention may be necessary and shall be sufficient to store all excess flows to twenty -five- year frequency twenty -four-hour storm. This is in excess of runoff that would occur from site left in pre -development. (b) Acceptable management measures. Mea- sures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The county recognizes that the management of stormwater runoff to minimize or control down- stream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for in- creased runoff from areas rendered imper- vious. (2) Avoid increases in stormwater discharge velocities by using vegetated or rough- ened swales and waterways in lieu of closed drains and high velocity paved sec- tions. (3) Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip -rapped sec- tions to complex structures. § 26-249 (4) Protect watercourses subject to acceler- ated erosion by improving cross sections and/or providing erosion -resistant lining. (c) Exceptions. This rule of this section shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. (d) The following is a table for maximum per- missible velocity for stormwater discharges: Maximum Permissible Velocities Material Discharged Into F.P.S. MPS. Fine sand (noncolloidal) 2.5 - 0.8 Sandy loan (noncolloidal) 2.6 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.6 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 6.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Source. Adapted from recommendations by Spe- cial Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Ord. No. 20172, § 10, 2-2-93; Ord. No. 06-04-02, § 8, 4-4-06) Sec. 26-249. Borrow and waste areas. When the person conducting the land disturb- ing activity is also the person conducting the borrow or waste disposal activity, areas from, which borrow is obtained either onsite or offsite, and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the department's division of solid waste man- agement shall be considered as part of the land disturbing activity where the borrow material is being used or from which the waste material Supp. No.15 CD26:36.3 § 26-249 BUNCOMBE COUNTY CODE originated. When the person conducting the land disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land disturbing activity. (Ord. No. 20172, § 11, 2-2-93) Sec. 26-250. Access and haul roads. Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing activity shall be consid- ered a part of such activity. (Ord. No. 20172, § 12, 2-2-93) Sec. 26.251. Operations in lakes or natural watercourses. Land disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and con- ducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relo- cation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristic is provided. These activities must be in accordance with all existing federal, state, and local requirements. (Ord. No. 20172, § 13, 2-2-93) Sec. 26-252. Responsibility for maintenance. During the development of a site, the person conducting the land disturbing activity shall in- stall and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this article, the Act, or any order adopted pursu- ant to this article or the Act. After site develop- ment, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures in- stalled within a road or street right-of-way or easement accepted for maintenance by a govern- mental agency. (Ord. No. 20172, § 14, 2-2-93) Sec. 26-253. Additional measures. Whenever the county determines that signifi- cant sedimentation is occurring as a result of land disturbing activity, despite application and main- tenance of protective practices, the person con- ducting the land disturbing activity will be re- quired to and shall take additional protective action. (Ord. No, 20172, § 15, 2-2-93) Sec. 26-254. Existing uncovered areas. (a) All uncovered areas existing on February 2, 1993, which resulted from land disturbing activity, exceeding one acre (43,560 square feet), are subject to continued accelerated erosion, and are causing offsite damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices suffi- cient to restrain accelerated erosion and control offsite sedimentation. (b) The county will serve upon the landowner, or other person in possession or control of the land, a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for com- pliance, the county shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. (c) The county reserves the right to require preparation and approval of an erosion control plan in any instance where extensive control measures are required. (d) This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. (e) No fee shall apply to work required under this section. (Ord. No. 20172, § 16, 2-2-93) Sec. 26.255. Restoration of areas affected by failure to comply with sedimen- tation control measures. The county may require a person who engaged in a land disturbing activity and failed to retain Supp. No. 15 CD26:36.4 ENVIRONMENT sediment generated by the activity, as required by section 26-246(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil penalty or injunctive relief autho- rized under this article. Secs. 26.256-26.275. Reserved. ARTICLE VI. JUNKED AND ABANDONED VEHICLES* Sec. 26-276. Authority and purpose. This article is enacted pursuant to the powers granted to Buncombe County by G.S. §§ 153A- 121, 153A-132, and 153A-132,2. The purpose of this article is to protect the health, safety, natural scenic beauty, and property values of the county from potential adverse effects caused by the pro- liferation and improper disposal of junked motor vehicles. (Ord. No. 98-4-3, Art. I, 4-14-98) Sec. 26.277. Jurisdiction. This article shall be in effect in all unincorpo- rated portions of the county, except areas within the extra -territorial jurisdiction of municipalities; and in any municipality which chooses to adopt this article. (Ord. No. 98.4-3, Art. II, 4-14-98) Sec. 26.278. Administration. The county director of general services is re- sponsible for the administration and enforcement of the provisions of this article. (Ord. No. 98-4-3, Art. III, 4-14-98) State law reference —Authority to prohibit the abandon- ment of motor vehicles, N.C.G.S. § 153A-132. "Editor's note —Ord. No. 98-4-3, Arts. I—X, adopted Apr. 14, 1998, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 26-276-28-284, pertained to similar subject matter and derived from Ord. No. 17955, §§ 1-9, adopted July 17, 1984, and Ord. No. 18060, § 1, adopted Dec. 4, 1984. Cross references —Solid waste management, ch. 62; traf- fic and vehicles, ch. 74. State law reference —Authority to regulate, restrain or Prohibit the abandonment of junk automobiles on public grounds end private property, G.S, §§ 153A-132, 153A-132.2, Sec. 26.279. Definitions. § 26-279 The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned vehicle means a vehicle that is left: (1) Upon a public street or highway in viola- tion of a law or ordinance prohibiting parking; or (2) On a public street or highway for longer than seven days; or (3) On property owned or operated by the county for longer than 24 hours; or (4) On private property without the consent of the owner, occupant or lessee thereof, for longer than two hours. State law reference —Similar definition, G.S. § 153A- 132(b). Junked motor vehicle means a vehicle that does not lawfully display a current North Carolina license plate and: (1) Is partially dismantled or wrecked; or (2) Cannot be self-propelled or moved in the manner in which it originally was in- tended to move. State law reference-Similer definition, G.S. § 153A- 132(a). Motor vehicle or vehicle means all machines designed or intended to travel over land (or water) by self -propulsion or while attached to any self- propelled vehicle. Nuisance vehicle means a vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance, and unlawful, including a vehicle found to be: (1) A breeding ground, nest or harbor for mosquitoes, other insects, rats or other pests; Supp. No. 11 CD26:37 (2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (3) A point of collection of pools or ponds of water; ARTICLE VII. - STORMWATER MANAGEMENTu Footnotes: Editor's note— Ord. No, 08-06-20, Divs. 1-7, adopted June 24, 2008, amended Art. VII in its entirety to read as herein set out. Former Art. VII, §§ 26-301-26-304, 26-331-26-333, 26-351--26-353, 26-371— 26-373. 26-391-26-395, pertained to similar subject matter, and derived from Divs. 1-5 of Ord. No. 07- 11-11, adopted Nov. 20 2007. DIVISION I. - GENERAL PROVISIONS Sec. 26-301. - Purpose. The stormwater management regulations of this article shall protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of stormwater runoff associated with new development. Proper management of stormwater runoff will protect property, control stream channel erosion, prevent increased flooding associated with new development, protect floodplains, wetlands, water resources, riparian and aquatic ecosystems, and otherwise provide for environmentally sound use of the county's natural resources. (Ord. No. 08-06-20, Div. 1, § 1, 6-24-08) Sec. 26-302. - Scope. Except as otherwise expressly stated, the stormwater management regulations of this article apply to all development within unincorporated Buncombe County outside the extraterritorial jurisdiction and incorporated boundaries of any municipality. (Ord. No. 08-06-20, Div. 1, § 2, 6-24-08) Sec. 26-303. - Applicability and exemptions. The stormwater management regulations of this article do not apply to any of the following development activities: (1) Activities including the breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: a. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts. b. Dairy animals and apiary products. c. Poultry and poultry products. d. Livestock, including beef cattle, sheep, swine, horses, ponies, mules and goats. e. Bees and dairy products. f. Fur producing animals. (2) Activities undertaken on forestland for the production or harvesting of timber and timber products and conducted in accordance with best management practices as set out in Forest Practice Guidelines Related to Water Quality. (3) Activities for which a permit is required under the mining act, G.S. 74-46 et seq. (4) Commercial development on lots less than one acre and with total land disturbance less than one acre. (5) Residential development that disturbs less than one acre, including total buildout of the site. (6) Any development in which the owner has accrued a vested right. A vested right is recognized if either a preliminary plan has been approved by the planning board that meets the required specifications and standards of Buncombe County ordinances, or a land disturbing permit has been issued pursuant to Buncombe County Soil Erosion and Sedimentation Control ordinance in effect on or before the effective date of this article, and that such plan or permit remains unexpired. (7) Land disturbing activities for the purpose of surveying, geotechnical exploration and access for percolation tests and wells not to exceed a maximum of one acre. This exemption does not include clearing for building pads or leach fields. (8) Single family home site construction and associated land disturbing activities on a lot of record prior to September 27, 2006 that results in total impervious area of 15 percent or less on the lot. A party in interest to a particular plan found to have no vested right to construct or develop on or before the effective date of this article may appeal to the Buncombe County Board of Adjustment for a hearing de novo. Such hearing shall be expedited and shall be limited to the issue of whether the landowner has a vested right to construct or develop his site under plans submitted prior to the effective date of this article. Development and redevelopment that disturb less than one acre are not exempt if 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. (Ord. No. 08-06-20, Div. 1, § 3, 6-24-08) Sec. 26-304. - Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Applicant. An owner or developer of a site who executes the stormwater permit application pursuant to Buncombe County's Stormwater Ordinance. Built -upon area. That portion of a development project that is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parking lots, and paths; and recreation facilities such as tennis courts. "Built -upon area" does not include a wooden slatted deck, the water area of a swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or allows water to infiltrate through the paving material. Connection. Any ditch, pipe, or other device for the diversion or transmission of storm drainage, which will in any way affect the operation or maintenance of the drainageways. Conveyance. Any feature of the landscape or earth, manmade or natural, that carries water in a concentrated flow. Detain. To store and slowly release stormwater runoff following precipitation by means of a surface depression or tank and an outlet structure. Ditch. "Ditch or canal" means a man-made channel other than a modified natural stream constructed for drainage purposes that is typically dug through inter -stream divide areas. Development. Any land disturbing activity which adds to or changes the amount of impervious or partially pervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil, other than a rebuilding activity that does not qualify as redevelopment. Device. Any reference to "device" or "stormwater device" or "measures" or any other references to the means of accomplishing the purposes and goals of this article shall be considered a reference to "structural BMP" as hereinafter defined. Drainage structures. Shall include swales, channels, storm sewers, curb inlets, yard inlets, culverts, and other structures designed or used to convey stormwater. Ephemeral stream. Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. High density project. Any project that exceeds the low density threshold for dwelling units per acre and built -upon area. Impervious surface. Any surface that, in whole or in part, restricts or prevents the natural absorption of water into the ground. Such surfaces may include, but are not limited to, gravel, concrete, asphalt or other paving material, and all areas covered by the footprint of buildings or structures. Intermittent stream. Intermittent stream means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. Land disturbing activity. Any use of, or operations on, the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Low density project. A project that has no more than two dwelling units per acre or 24 percent built - upon area (BUA) for all residential and non-residential development. One-year, 24-hour storm. The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12 months and with a duration of 24-hours. Peak velocity. The velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. Person. Any person, firm, corporation, partnership or other entity, either singly or in cooperation with others, that undertakes any project coming under the provisions of this article. Person responsible for maintenance. The developer(s), property owners association, and/or individual property owners having responsibility for the care and maintenance of stormwater improvements under the provisions of this article. Perennial stream. Perennial stream means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Responsible parties. Developer(s), property owners association, and/or individual property owners having responsibility for the care and maintenance of stormwater improvements as well as 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 article shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. 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 article, or fails to take appropriate action, so that a violation of this article 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. Retain. To capture and hold stormwater runoff following precipitation by means of surface depression allowing the water to infiltrate into the soil, thus reducing the hydrologic and pollution impacts downstream. Stormwater. Any surface flow, runoff, and drainage consisting entirely of water from rainfall events. Stormwater administrator. Stormwater administrator shall be designated by the Buncombe County Board of Commissioners to administer and enforce this article. Any act authorized by this article to be carried out by the stormwater administrator of the county may be carried out by his or her designee. Structural BMP. A physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre -development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed or created on real property. "Structural BMP" is synonymous with "structural practice", "stormwater control facility," "stormwater control practice," "stormwater treatment practice,' stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used in this article. Time; computation of time. The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action fails on a Saturday, Sunday, or holiday observed by the county, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday observed by the county. References to days are calendar days unless otherwise stated. (Ord. No. 08-06-20, Div. 1, § 4, 6-24-08) Secs. 26-305-26-320. - Reserved. DIVISION 2. -ADMINISTRATION AND PROCEDURES Sec. 26-321. - Review and decision -making entities. Buncombe County Planning and Development will administer this article. The director of planning and development will designate a stormwater administrator. In addition to the powers and duties that may be conferred, the stormwater administrator shall have the following powers and duties under this article: (1) To review and approve or disapprove applications for approval of plans pursuant to this article. (2) To make determinations and render interpretations of this article. (3) To establish application requirements and schedules for submittal and review of applications and appeals, to review and approve applications. (4) To enforce the provisions of this article in accordance with its enforcement provisions. (5) To make records, maps, and official materials as relate to the adoption, amendment, enforcement, or administration of this article. (6) To provide expertise and technical assistance to the county. (7) To designate appropriate other person(s) who shall carry out the powers and duties of the stormwater administrator. (8) To take any action necessary to administer the provisions of this article. (Ord. No. 08-06-20, Div. 2, § 1, 6-24-08) Sec. 26-322. - Review and appeals procedures. (a) A stormwater permit is required for all development and redevelopment which equals or exceeds one acre of residential development, or on commercial lots that are one acre in size or more, unless exempt pursuant to this article. (b) The county board of commissioners shall establish permit review fees as well as policies, and may amend and update the fees and policies when needed. (c) An applicant shall be entitled to two readings of any application submitted without payment of an additional permit review fee. This shall be constructed to mean review of the original application and review of the re -submittal of that application with or without revisions. Any re -submittal by the applicant thereafter shall be treated as a new application and must be accompanied by payment of the full permit review fee in existence at the time of filing. (d) For all activities which are subject to this article, no person shall initiate, proceed, or undertake any land disturbing or development activity for which a permit is required without first being issued a written stormwater control permit. All other required applications must be received and permits must be obtained prior to the start of the work. These may include but are not limited to soil erosion and sedimentation control, flood damage prevention, subdivision, building permits and inspections, NC Department of Transportation, NC Division of Water Quality, US Army Corps of Engineers, and NC DENR-Dam Safety. (e) Plan review fees shall be double the amount when land disturbing activity begins before a stormwater permit is obtained from the county. (f) Two copies of the stormwater plan submittal shall be submitted to planning and development for review. (g) The department shall review the plan for completeness and for compliance with the requirements of this article. An incomplete or nonconforming stormwater plan will be returned to the applicant prior to review with an explanation of issues requiring resolution before plan review can be initiated. (h) Within 30 days of receipt of application for stormwater plan approval, planning and development shall take action on the plan. (i) Planning and development shall forward a copy of the plan to the Buncombe County Soil and Water Conservation District who, within 20 days of receipt of the plan, will review the plan and submit its comments and recommendations to the stormwater administrator at the Buncombe County Planning and Development Department. Failure of the soil and water conservation district to submit its comments and recommendations within 20 days shall not delay final action on the plan. Planning and development is solely responsible for plan(s) review and will incorporate review comments and recommendations from the soil and water conservation district into its examination of the plan application. Q) Approval, approval with modifications, or denial of the proposed stormwater plan shall be in writing. In the case of denial, the reasons for denial shall be clearly stated. The applicant may appeal the decision of the stormwater administrator at the county planning and development department to a plan review committee within 15 days after receipt of written notice of disapproval or approval with modifications. Only the applicant can appeal the decision of the stormwater administrator. (1) A condition of plan approval will be the right to physical inspection of the drainage structures and stormwater management measures during and after construction. (k) Hearings held pursuant to this section shall be conducted by a plan review committee consisting of the director of planning and development, the director of the soil and water conservation district, and the director of general services within 30 days after the date of the appeal or request for hearing. (1) The plan review committee shall decide appeals within 15 days after the date of the hearing on any stormwater plan. If the review committee upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the local plan review committee's decision to the board of adjustment within 15 days. (m) The board of adjustment will conduct a hearing in the nature of a quasi-judicial proceeding with all findings of fact supported by material evidence. (n) Decisions appealing the final decision by the board of adjustment may be filed in Buncombe County Superior Court, to be reviewed by proceedings in the nature of certiorari, within 30 days of the final decision of the board of adjustment. (o) The stormwater administrator shall take action on revisions to a stormwater plan which has been previously denied, within 15 days of receipt of the revised plan application for approval. (p) If a revised application is not re -submitted within 60 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 and pursuant to the current standards. One re -submittal of a revised application may be submitted without payment of an additional permit review fee. Any re -submittal after the first re -submittal shall be accompanied by a permit review flee additional fee, as established pursuant to this article. (q) Application for an amendment to a stormwater plan in written and graphic form may be made at any time. Until such time that any amendment is approved by the stormwater administrator, it shall be unlawful to deviate from the approved plan. (r) An approved plan shall become null and void if the applicant has failed to make progress on the site within six months after the date of approval. The stormwater administrator may grant a single, six- month 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 stormwater 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. (Ord. No. 08-06-20, Div. 2, § 2, 6-24-08) Sec. 26-323. - Penalties for violation. Civil penalties may be imposed as follows: (1) Any person who violates any of the provisions of this article, or rules or orders adopted or issued pursuant to this article, or who initiates or continues a development for which a stormwater plan is required, except in accordance with the terms, conditions and provisions of an approved plan, is subject to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of penalty to which Buncombe County is subject for violations of its Phase II Stormwater permit as a result of the applicant's non-compliance. Each day of a continuing violation shall constitute a separate violation. Additional fees may be charged for remedies and enforcement of this article. (2) No penalty shall be assessed until the applicant has been notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation can be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. (3) If the violation has not been corrected within the designated time period, a civil penalty may be assessed from the date the violation is detected. (4) Refusal to accept the notice or failure to notify the stormwater administrator of a change of address shall not relieve the violator's obligation to pay such a penalty. (5) The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for any building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant has taken the remedial measures set forth in the notice of violation and cured the violations described therein. (6) Buncombe County review or approval of any plans, applications, specifications or plats of any form or nature delivered to the county by any applicant in respect to this article shall not create a responsibility or liability of the county for their accuracy, sufficiency or compliance with other laws and regulations. (Ord. No. 08-06-20, Div. 2, § 3, 6-24-08) Secs. 26-324-26-340. - Reserved. DIVISION 3. - STORMWATER PLAN SUBMITTAL Sec. 26-341. - Permit application and plans. (a) The stormwater permit application and plan shall refer to the drawings and technical documentation for planned site improvements necessary to fulfill the drainage and stormwater management requirements of this article. This shall include but not be limited to: (1) Location and topographic maps with the total drainage area delineated including both on site and off site areas and sufficient information to define all ridges, existing streams, location of the 100-year floodplain and floodway, drainage ways, wetland areas, existing springs, and elevation of any proposed discharge point, and any additional information required to evaluate the existing and proposed drainage system, which may include a soil analysis. (2) Architectural and engineering drawings showing plan, profile and details of piping, drainage structures, swales, and channels tying into a network of pre-existing manmade or natural channels. (3) Written project specifications governing work performance and materials. (4) Computations and assumptions sufficient to support the design of piping, drainage structures, retention/detention ponds, and permanent erosion control measures. (5) Whatever other narrative statements necessary to adequately describe the proposed site improvements and the measures planned to comply with the requirements of this article. (b) The stormwater permit application and plan shall be prepared by and shall bear the seal and signature of a professional engineer or landscape architect licensed in the state of North Carolina, competent to perform all aspects of design. (c) The stormwater permit application and plan shall be prepared to meet the basic objectives and design standards for drainage and stormwater management as described in this article. (d) The stormwater permit application and plan shall show the existing site topography and proposed site drainage improvements in sufficient detail to facilitate plan review and construction. The plan drawings shall be presented at a scale no smaller than one inch = 50 feet. (Ord. No. 08-06-20, Div. 3, § 1, 6-24-08) Sec. 26-342. - Maintenance manual. (a) The stormwater permit application and plan shall be accompanied by an operations and maintenance manual. The manual shall contain a narrative describing each installed measure and device and its design specifications. The manual shall indicate for each installed measure and device what operation and maintenance actions are needed and what specific quantitative criteria will be used to determine when these actions will be taken. The manual must indicate the steps that will be taken to restore a measure or device to the design specifications if a failure occurs. (b) After the permit and plan is approved and installation is complete, if changes have been made to any installed measure or device, the manual shall be revised to reflect these changes, and such changes shall be subject to the review and approval of the stormwater administrator. (Ord. No. 08-06-20, Div. 3, § 2, 6-24-08) Sec. 26-343. - As -built plans and specifications. (a) The designer of the stormwater control plans shall provide as -built plans of all stormwater control and management plans showing the field location, size, depth, and planted vegetation of all measures and devices as installed. If the previously submitted plans remain unchanged, an as -built certification to the existing plans will be required. No certificate of compliance or occupancy shall be issued without said as -built plans. (b) The designer shall certify, under seal, that the as -built stormwater measures and devices and their installation are in compliance with the county's stormwater ordinance. (c) The designer shall submit a final electronic file of the stormwater plan that is readable by GIS systems. The county prefers electronic files submitted in the standard formats listed below. (1) Shape Files (.shp, .dbf, .shx, .prj, and .sbx); or (2) .dwg and .dxf Each submission must include projection and datum information (i.e., NAD 83, NC state plane fleet). Contact the county for other acceptable standard formats. (Ord. No. 08-06-20, Div. 3, § 3, 6-24-08) Secs. 26-344-26-360. - Reserved. DIVISION 4. - STANDARDS Sec. 26-361. - Stormwater management objectives. (a) In order to reduce drainage related damage and hazards, adequate natural drainage systems or stormwater management installations are required to collect and transmit stormwater flows into either existing drainage facilities or a natural drainage system. (b) All storm drainage facilities shall be designed, constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such improvements. Specifically: (1) Offsite areas which drain to or across a site proposed for development must be accommodated in the stormwater plans for the development. The stormwater management system must be capable of conveying the existing offsite flows through or around the development such that the volume and rate of flow from the adjacent property is not altered. If offsite flows are carried in the site system any detention system shall be sized to accommodate this flow. The flow must be released to the original drainage area. (2) Storm drainage facilities shall be designed to limit the discharge from the site to the rate that existed prior to development of the site. For projects that are redeveloping a developed site, the discharge will be limited to that which occurs before any new development. The type and location of the discharge will be as occurred before the current development unless the discharge is to a manmade conveyance system. (c) All site improvements shall be provided with a drainage system that is adequate to prevent the undue retention of surface water while promoting recharge of groundwater through infiltration on the development site. (d) These goals for discharge can be accomplished by designing, constructing and maintaining all stormwater management installations to the extent practicable: (1) Avoid increases in surface runoff volume and velocity by including measures which promote the infiltration of stormwater, (2) Maximize the time of concentration of stormwater runoff, and (3) Promote the filtration and precipitation of pollutants from stormwater runoff in order to protect the water quality of the receiving watercourse. (e) Whenever practicable, the drainage system of a development site shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets. Permission must be received from other applicable entities for connection. (f) To the extent practicable, all site improvements shall conform to the natural contours of the land, and without disturbance, utilize the preexisting natural and preexisting manmade drainage ways. (g) To the extent practicable, lot boundaries within subdivisions shall be made to coincide with natural and preexisting man made drainage ways to avoid creation of lots that can only be built upon by altering such drainage ways. (h) Stormwater shall not be diverted from one natural drainage basin into another. (i) Stormwater shall not be channeled or directed into sanitary sewers. 0) Stormwater controls shall not be located within the designated floodway. (k) Stormwater controls shall not be located within 30 feet landward from any perennial and intermittent surface waters. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the US Department of Agriculture or the most recent version of the quadrangle topographic maps prepared by the USGS. (1) Streams shall not be relocated unless it is demonstrated that the relocation of the stream will have a positive impact on water quality while reducing velocity. All other applicable permits must be received. (Ord. No. 08-06-20, Div. 4, § 1, 6-24-08) Sec. 26-362. - Stormwater management design standards. (a) Design standards are established for the purpose of promoting sound development practices which respect, preserve and enhance the county's watercourses and are not intended to prohibit the use of innovative and alternative techniques which can be demonstrated to have the potential for successfully achieving the objectives stated in section 26-361. (b) Design standards: (1) Development standards for low -density projects. Low -density projects shall comply with each of the following standards: a. Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable. b. Low impact development techniques shall be utilized to the maximum extent possible. c. The post development peak rate of runoff for the one-year 24-hour storm event shall not exceed the pre development rate. d. All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture of the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 213.0233 (3)(a) or similar site -specific determination made using Division -approved methodology. e. The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (2) Development standards for high density projects. High -density projects shall comply with each of the following standards. a. The measures for high density projects shall control and treat the difference in stormwater runoff volume leaving the project site between the pre- and post -development conditions for, at a minimum, the one-year, 24-hour storm. Runoff volume drawdown time shall be a minimum of 48 hours, but not more than 120 hours. b. All structural stormwater treatment systems used to meet the requirements of this subsection (b)(2) shall be designed to have a minimum of 85 percent average annual removal for total suspended solids (TSS). C. All built -upon area shall be at a minimum of 30 feet landward of all perennial and intermittent surface waters. A perennial or intermittent surface water shall be present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service of the United States Department of Agriculture of the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of 15A NCAC 2B.0233 (3)(a) or similar site -specific determination made using Division -approved methodology. d. The approval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project plans. (3) The hillside development standards of chapter 70 of this Code (section 70-68) apply. This section limits the density of disturbed area and impervious surfaces on steep slopes. (4) The design of drainage facilities in flood hazard areas shall be consistent with the requirements of the county's flood damage prevention ordinance. No stormwater controls shall be allowed within the floodway. No stormwater controls shall be within 30 feet landward of any perennial and intermittent surface water. (5) The computation of stormwater runoff shall follow established engineering practice. Acceptable methods of computation include the rational method, the peak discharge method as described in USDA Technical Release Number 55 (TR-55), and USGS Regression Equations, where applicable. If an alternate method is proposed, the method should be described and justification for using this method should be provided. The same method must be used for both the pre- and post -development conditions. The stormwater administrator may set the design precipitation amount used in the SCS Method in inches for the one-year 24-hour storm event for the county. (6) Runoff coefficients shall be based on full development of the project and of the watershed to the extent of the current zoning or land use patterns, and shall include the complete development of the site through build -out, including roof tops and other impervious areas that may be proposed. (7) Stormwater detention shall be provided to insure that the rate of discharge does not exceed the pre -development rate of discharge. In order to demonstrate this, pre and post development hydrographs will be submitted that demonstrate no increase in flow leaving the site during the one-year, 24-hour storm. Inflow -outflow calculations shall also be submitted for any stormwater detention ponds. (8) Stormwater controls that drain in whole or part to designated trout waters shall be designed and shall implement the best stormwater practices that do not result in a sustained increase in the receiving water temperature, while still meeting the other requirements of this article. (9) Variances. a. Any person may petition to the board of adjustment or such other local governing body having jurisdiction in the area where the project is located for a variance granting permission to use the person's land in a manner otherwise prohibited by this article. To qualify for a variance, the petitioner must show all of the following: 1. Unnecessary hardships would result from strict application of this article. 2. The hardships result from conditions that are peculiar to the property, such as the location, size, or topography of the property. 3. The hardships did not result from actions taken by the petitioner. 4. The requested variance is consistent with the spirit, purpose, and intent of this article; will secure public safety and welfare; and will preserve substantial justice. b. The board of adjustment or other local governing body having jurisdiction may impose reasonable and appropriate conditions and safeguards upon any variance it grants, and any such hearing before the board of adjustment shall be conducted in the manner provided in the provisions of the county zoning ordinance for appeals and applications. Such hearings before any other local governing body having jurisdiction shall be conducted pursuant to its rules for hearing appeals of administrative decisions, or in accordance with the county zoning ordinance section 78-623. (Ord. No. 08-06-20, Div. 4, § 2, 6-24-08) Sec. 26-363. - Stormwater design manual. The planning and development department may furnish additional guidance and standards for the Proper implementation of the regulations of this article and may provide such information in the form of a stormwater design manual. Stormwater management practices that are designed, constructed, or maintained in accord with the stormwater design manual must be presumed to comply with these regulations. However, the stormwater administrator shall have the right to consult other engineers and duly qualified professionals, and to impose any conditions or require any modifications deemed necessary to meet the purpose, intent and requirements of this article. If the specifications or guidelines of the design 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 design manual. (1) Changes to standards and specifications. If the standards, specifications, guidelines, policies, criteria, or other information in the design manual are amended subsequent to the submittal of an application for approval pursuant to this article but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this article with regard to the application. (Ord. No. 08-06-20, Div. 4, § 3, 6-24-08) Secs. 26-364-26-380. - Reserved. DIVISION S. - CONSTRUCTION AND MAINTENANCE Sec. 26-381. - Construction of stormwater management structures. (a) Stormwater management facilities shall be constructed in accordance with approved plans and maintained in proper working condition. The applicant is responsible for ensuring that the construction of drainage structures and stormwater management measures are completed in accordance with the approved plan and specifications. Inspections which may be performed by Buncombe County during construction will not relieve the applicant of the responsibility to install stormwater management and drainage facilities in accordance with the approved plan. (b) In response to a complaint, or as a compliance check with the requirements of the ordinance, the stormwater administrator or the designee shall perform a physical inspection of the construction of drainage structures and stormwater management measures, or monitor long term maintenance procedures. (c) The applicant will be notified in writing of any substandard and/or non -conforming work identified by the stormwater administrator. The notification shall state the specific work that is out of compliance, the specific reasons for noncompliance, and the corrective measures necessary to bring the work into compliance. (d) Failure of the applicant to correct substandard and/or nonconforming work identified by the stormwater administrator shall be sufficient reason to refuse or revoke building permits, and/or deny occupancy permits for buildings serviced by said work. Appeals on determination of nonconforming or substandard work and/or the adequacy of the corrective measures executed shall be made in accordance with section 26-322. Pending the ruling on the appeal, the determination of the stormwater administrator remains in effect. (e) Revisions which affect the intent of the design or the capacity of the system shall require prior written approval by the stormwater administrator. (Ord. No. 08-06-20, Div. 5, § 1, 6-24-08) Sec. 26-382. - Performance security for installation and maintenance. (a) Buncombe County will require the submittal of a surety performance bond made by a surety bonding company licensed and authorized to do business in North Carolina, a bond of the owner/developer with an assignment to the county of a certificate of deposit as security for the bond, a bond of the owner/developer by an official bank check drawn in favor of the county and deposited with the county, or cash or an irrevocable letter of credit deposited with the county prior to issue of a permit in order to ensure that the stormwater system is installed by the developer and functions as required by the approved stormwater plan. (1) Surety bonds in the form of cash shall be held in accordance with policies and procedures as outlined by the finance department. (b) The amount of an installation performance security shall be the total estimated construction cost of the system and devices approved under the permit, plus 25 percent. (c) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant in accordance with this article. (d) Upon default of the applicant to construct, maintain, repair, and if necessary reconstruct any stormwater device in accordance with the applicable permit, the stormwater administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the applicant to comply with the permit. In the event of a default triggering the use of installation of performance security, the county shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance. (e) If the county takes action upon such failure by the applicant, the county may collect the difference should the amount of the reasonable cost of such action exceed the amount of the security held. This difference will be collected from the applicant. (f) Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated. (Ord. No. 08-06-20, Div. 5, § 2, 6-24-08) Sec. 26-383. - Completion. The developer is responsible for completing all stormwater improvements in accordance with the requirements of this article and other applicable ordinance and laws. (Ord. No. 08-06-20, Div. 5, § 3, 6-24-08) Sec. 26-384. - Assurance that improvements will be maintained. (a) The county may not approve a record plat, or in the case of single -lot development not requiring a record plat may not issue a building permit, until those stormwater improvements required of the developer have been completed or a performance guarantee has been provided. (b) Upon completion of required improvements, the design professional must submit as -built plans, or certify the existing plans as as -built if no changes have occurred, of the installed stormwater improvements to the stormwater administrator. These plans must indicate that stormwater improvements were constructed in accordance with the county ordinance and approvals. (Ord. No. 08-06-20, Div. 5, § 4, 6-24-08) Sec. 26-385. - Maintenance. All stormwater improvements must be maintained so they will continue to serve their intended functions. (1) The developer must maintain stormwater improvements until accepted by a property owners association or lot owner. The developer must disclose which party will be responsible for continued maintenance on the record plat and on the stormwater management plan. The developer will be responsible for the installation, operations, and maintenance of the stormwater controls until ownership is conveyed. The responsibility and agreement for operations and maintenance for the stormwater system is transferred with title, as each property is conveyed. (2) Before improvements are accepted for maintenance by the property owners association or lot owner, the developer or the developer's engineer or landscape architect, must certify to the property owners association or lot owner and to the county that improvements are complete and functioning as designed. (3) The developer must reference on the record plat, deed, restriction or in covenants an operations and maintenance plan that instructs the property owners association or lot owner about the annual operations and maintenance tasks for at least a 20-year period. (4) The person responsible for maintenance of any stormwater structure or feature installed pursuant to this article shall submit to the stormwater administrator an inspection report at least once every three years. However, the Stormwater Administrator shall have the right to demand an inspection report at any time should he/she reasonably believe that any stormwater structure or feature is constructed or being maintained in violation of this article. Such inspection report shall be prepared by a qualified registered North Carolina professional engineer, surveyor, or landscape architect performing services only in their area of competence. The report shall contain the following: a. The name and address of the land owner. b. The recorded book and page number of the lot of each stormwater control. c. A statement that an inspection was made of all stormwater controls and features. d. The date the inspection was made. e. A statement that all inspected controls and features are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this article. f. The signature and seal of the engineer, surveyor, or landscape architect. Should the stormwater inspection reveal substantial maintenance or repair recommendations it shall be the owners responsibility to retain a registered professional engineer or landscape architect competent in the area of stormwater management to develop plans and specifications for such repairs. Plans for proposed repairs shall be submitted to the Buncombe County Stormwater Management Office for approval prior to construction except for emergency repairs supervised by a professional engineer or landscape architect. Plans and specifications for repairs made in emergency conditions shall be submitted to the stormwater management office within 30 days after the emergency. All inspection reports shall be on forms supplied by the stormwater administrator. An original inspection report shall be provided to the stormwater administrator every three years thereafter on or before the date of the as -built certification. It will be the responsibility of the property owners association or lot owner to update the plan annually. (5) The developer must record, and reference on the record plat, a maintenance agreement, or restrictive covenant that sets forth the property owners association's or lot owner's continuing responsibilities for maintenance, including specifying how cost will be apportioned among lot owners served. (6) Maintenance agreements. All maintenance agreements or covenants shall contain without limitation the following provisions: a. A description of the property on which the device is located and all easements from the site to the device; b. Size and configuration of the device; c. A statement that properties which will be served by the device are granted rights to construct, use, inspect, replace, reconstruct, repair, maintain, access to the device and to transport, store, and discharge stormwater to and from the device; d. A statement that the association and its individual members are responsible parties for repairs and maintenance of the devices and any unpaid ad valorem taxes, public assessments for improvements and unsafe building and public nuisance abatement liens charged against the device, including all interest charges together with attorney fees, cost and expenses of collection. Such statement shall specify that each member shall have a duty to contribute to the maintenance of the stormwater device. That failure to maintain stormwater control measures is a violation of the Buncombe County Stormwater Ordinance potentially subjecting each lot owner subject to this legal document to significant daily civil penalties and other enforcement actions. e. If an association is delegated these responsibilities, then membership into the association shall be mandatory for each parcel served by the device and any successive owner, the association shall have the power to levy assessments for these obligations, and that all unpaid assessments levied by the association shall become a lien on the member's individual parcel who fails to pay such assessments. Common expenses for the association shall include maintenance of stormwater control measures. f. An operation and maintenance plan or manual together with a budget shall be provided by the applicant. The plan or manual shall indicate what operation and maintenance actions are needed, and what specific quantitative criteria will be used to determine when those actions are to be undertaken. The plan or manual must indicate the steps that will be taken to restore a stormwater system to design specifications if a failure occurs. The budget should include both annual costs such as routine maintenance, periodic sediment removal and replenishment of rip -rap, insurance premiums, taxes, mowing and reseeding, required inspections. These required documents shall be attached to the property association declaration as an exhibit. g. A statement that stormwater control measures shall be maintained in accordance with the attached stormwater operations and maintenance manual and budget and at all times the stormwater control measures shall comply with all applicable laws, ordinances, regulations, rules and directives of governmental authorities, and that the stormwater control measures shall perform as designed. h. Without limitation to potential liability for failure to repair and/or maintain any device(s) of the association and its individual members a statement that each such individual member shall be entitled to recover from any and all other association members a pro rata share, or an established apportionment, of any amounts that each such individual member may be found liable in excess of that individual member's pro rata share or apportionment. (7) The developer must record easements for access, maintenance and inspections by any property owners association and by Buncombe County Government. (8) All maintenance documents required by this article must be submitted to the stormwater administrator before record plat approval, and such documents must be referenced on the record plat, or, in the case of single -lot developments not requiring record plats, documentation must be submitted to the stormwater administrator before building permit issuance. (Ord. No. 08-06-20, Div. 5, § 5, 6-24-08) Secs. 26-386-26-400. - Reserved. DIVISION 6. - ENFORCEMENT AND VIOLATIONS Sec. 26-401. - General provisions. (a) Authority to enforce. The provisions of this article shall be enforced by the stormwater administrator, his or her designee, or any authorized agent of the county. Whenever this section refers to the stormwater administrator, it includes his or her designee as well as any authorized agent of the county. (b) Violation unlawful. Any failure to comply with an applicable requirement, prohibition, standard, or limitation imposed by this article, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this article, is unlawful and shall constitute a violation of this article. (c) Each day a separate offense. Each day that a violation continues shall constitute a separate and distinct violation or offense. (d) Legal action. In the event legal action by the county becomes necessary to enforce the provisions of this article, then the county shall name as necessary parties defendant any developer(s), property owners association, and/or individual property owners having responsibility for the care and maintenance of stormwater improvements under the provisions of this article as well as any other person, firm, corporation, partnership or other entity, either singly or in cooperation with others, that undertakes any project coming under the provisions of this article. (Ord. No. 08-06-20, Div. 6, § 1, 6-24-08) Sec. 26-402. - Remedies and penalties. The remedies and penalties provided for violations of this article, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order. (1) Remedies. a. Witholding of certificate of occupancy. The stormwater administrator or other authorized agent may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater devices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein. b. Disapproval of subsequent permits and development approvals. As long as a violation of this article continues and remains uncorrected, the stormwater administrator or other authorized agent may withhold or may disapprove, any request for permit or development approval or authorization provided for by this article for the land on which the violation occurs. c. Injunction, abatements, etc. The stormwater administrator, with the written authorization of the county manager, or her designee, may institute an action in a court of competent jurisdiction for a mandatory or prohibitory injunction and order of abatement to correct a violation of this article. Any person violating this article shall be subject to the full range of equitable remedies provided in the General Statutes or at common law. d. Correction as public health nuisance, costs as lien, etc. If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by G.S. § 160A-193, the stormwater administrator, with the written authorization of the County Manager, or her designee, may cause the violation to be corrected and the costs to be assessed as a lien against the property. e. Stop work order. The stormwater administrator may issue a stop work order to the person(s) violating this article. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein. The stop work order may be withdrawn or modified to enable the person to take the necessary remedial measures to cure such violation or violations. f. Civil penalties. Violation of this article may subject the violator to a civil penalty to be recovered in a civil action in the nature of a debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the stormwater administrator. Civil penalties may be assessed up to the full amount of penalty to which the county is subject for violations of its Phase II Stormwater permit. g. Criminal penalties. Violation of this article may be enforced as a misdemeanor subject to the maximum fine permissible under North Carolina law. (Ord. No. 08-06-20, Div. 6, § 2, 6-24-08) Sec. 26-403. - Procedures. (a) Initiation/complaint. Whenever a violation of this article occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the stormwater administrator, who shall record the complaint. The complaint shall be investigated promptly by the stormwater administrator. (b) Inspection. The stormwater administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure compliance with this article. (c) Notice of violation and order to correct. When the stormwater administrator finds that any building, structure, or land is in violation of this article, the stormwater administrator shall notify, in writing, the responsible party or other person violating this article. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. If civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be paid or be subject to collection as a debt. The stormwater administrator may deliver the notice of violation and correction order personally, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of the North Carolina Rules of Civil Procedure. If a violation is not corrected within a reasonable period of time, as provided in the notification, the stormwater administrator may take appropriate action under this article to correct and abate the violation and to ensure compliance with this article. (d) Extension of time. A responsible party who receives a notice of violation and correction order, or the owner of the land on which the violation occurs, may submit to the stormwater administrator a written request for an extension of time for correction of the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the stormwater administrator may extend the time limit as is reasonably necessary to allow timely correction of the violation, up to, but not exceeding 90 days. The stormwater administrator may grant 90-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this article. The stormwater administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order. (e) Enforcement after time to correct. After the time has expired to correct a violation, including any extension(s) if authorized by the stormwater administrator, the stormwater administrator shall determine if the violation is corrected. If the violation is not corrected, the stormwater administrator may act to impose one or more of the remedies and penalties authorized by this article. (f) Emergency enforcement. If delay in correcting a violation would seriously threaten the effective enforcement of this article or pose an immediate danger to the public health, safety, or welfare, then the stormwater Administrator may order the immediate cessation of a violation. Any person so ordered shall cease any violation immediately. The stormwater administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article. (Ord. No. 08-06-20, Div. 6, § 3, 6-24-08) Secs. 26-404-26-420. - Reserved. DIVISION 7. - RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE AGREEMENTS Sec. 26-421. - Conflict of laws. This article is not intended to modify or repeal any other ordinance, rule, regulation or other provision of law. The requirements of this article are in addition to the requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare, shall control. (Ord. No. 08-06-20, Div. 7, § 1, 6-24-08) Sec. 26-422. - Private agreements. This article is not intended to revoke or repeal any easement, covenant, or other private agreement. However, where the regulations of this article are more restrictive or impose higher standards or requirements than such easement, covenant, or other private agreement, then the requirements of this article shall govern. Nothing in this article shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not legitimize any failure to comply with this article. In no case shall Buncombe County be obligated to enforce the provisions of any easements, covenants, or agreements between private parties. (Ord. No. 08-06-20, Div. 7, § 2, 6-24-08) Secs. 26-423-26-499. - Reserved.