WSCO_NASH_WSWP Ordinance_20210205

NASH COUNTY: UNIFIED DEVELOPMENT ORDINANCE EXCERPT
ARTICLE XII
ENVIRONMENTAL AND SPECIAL PURPOSE REGULATIONS
12-1 WATERSHED PROTECTION OVERLAY DISTRICT REGULATIONS
The watershed protection overlay districts, as described in Section 9-1.7(C), are
designed to protect designated public water supply watershed from activities which
could degrade water quality. These separate watershed protection overlay districts
have been established: WPIII-BW, WPIV-CA, and WPIV-PA. (Amended 4/1/2019, A-
190301)
12-1.1 General Requirements
(A) The regulations delineated in Section 12-1 are intended to comply with the
requirements of NCGS 143-214.5. For property located within a WP-IVCA or
WP-IVPA Overlay District, the provisions of Section 12-1 shall apply only to new
development activities which require an erosion and sedimentation control plan
in accordance with the rules established by the North Carolina Sedimentation
Control Commission.
(B) No structure or land use shall be allowed within the watershed protection
overlay districts which poses a threat to water quality and the public health,
safety and welfare. Such conditions may arise from inadequate on -site sewage
systems which utilize ground absorption; inadequate sedimentation and erosion
control measures; the improper storage or disposal of junk, trash or other refuse
within a buffer area; the absence or improper implementation of a spill
containment plan for toxic and hazardous materials; the improper management
of stormwater runoff; or any other situation found to pose a threat to water
quality.
12-1.2 WPIII-BW Supplemental Standards
Within a WPIII-BW Overlay District, the following specific standards shall apply:
(A) Density
Single-family residential uses shall not exceed a maximum density of two
dwelling units per acre, as defined on a project by project basis. No single-
family residential lot shall be less than 20,000 square feet in area, excluding
roadway right-of-way, unless located within an approved cluster development in
accordance with Section 12-1.6. (Amended 4/1/2019, A-190301)
(B) Built -Upon Area
All residential development, other than single-family development, and all
nonresidential development shall be allowed at a maximum 24% built -upon
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area. In addition, new development and expansions to existing development
may occupy 10% of the balance of the watershed area with up to 70% built -
upon area when approved in accordance with Section 12-1.11. For purposes of
calculating built -upon area, total project area shall include acreage in the tract
on which the project is to be developed.
(C) Permitted Uses
Agricultural uses (subject to the provisions of the Food Security Act of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural
uses (subject to the provisions of the Forest Practices Guidelines Related to
Water Quality, 15 NCAC 11.6101-.0209) are permitted with the WPIII-BW.
Residential and nonresidential uses allowed in the underlying general zoning
district or another applicable overlay district are permitted within the WPIII-BW
except for the following:
(1) discharging landfills.
12-1.3 WPIV-CA Supplemental Standards
(A) Applicability
The provisions of Section 12-1.3 shall apply only to new development activities
which require an erosion and sedimentation control plan in accordance with the
rules established by the North Carolina Sedimentation Control Commission.
(B) Density
Single-family residential uses shall not exceed a maximum density of two
dwelling units per acre, as defined on a project by project basis. No single-
family residential lot shall be less than 20,000 square feet in area, excluding
roadway right-of-way, unless located within an approved cluster development in
accordance with Section 12-1.6.
(C ) Built -Upon Area
All residential development, other than single-family development, and all
nonresidential development shall be allowed a 24% built -upon area. For
purposes of calculating built -upon area, total project area shall include acreage
in the tract on which the project is to be developed. Higher density
development using engineered stormwater control devices may be permitted in
accordance with Section 12-1.12.
(D) Permitted Uses
Agricultural uses (subject to the provisions of the Food Security Act of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural
uses (subject to the provisions of the Forest Practices Guidelines Related to
Water Quality, 15 NCAC 11.6101-.0209) are permitted with the WPIV-CA.
Residential and nonresidential uses allowed in the underlying general zoning
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district or another applicable overlay district are permitted within the WPIV-CA
except for the following:
(1) sites for land application of residuals or petroleum contaminated soils; and
(2) new landfills.
12-1.4 WPIV-PA Supplemental Standards
(A) Applicability
The provisions of Section 12-1.4 shall apply only to new development activities
which require an erosion and sedimentation control plan in accordance with the
rules established by the North Carolina Sedimentation Control Commission.
(B) Density
Single-family residential uses shall not exceed a maximum density of two
dwelling units per acre or three dwelling units per acre for projects without a
curb and gutter road system, as defined on a project by project basis. No
single-family residential lot shall be less than 20,000 square feet or 14,500
square feet for projects without a curb and gutter road system, unless located
within an approved cluster development in accordance with Section 12-1.6.
(C) Built -Upon Area
All residential development, other than single-family development, and all
nonresidential development shall be allowed at a maximum 24% built -upon area
or 36% built -upon area for projects without a curb and gutter street system. For
purposes of calculating built -upon area, total project area shall include acreage
in the tract on which the project is to be developed. Higher density
development using engineered stormwater control devices may be permitted in
accordance with Section 12-1.12.
(D) Permitted Uses
Agricultural uses (subject to the provisions of the Food Security Act of 1985 and
the Food, Agricultural, Conservation and Trade Act of 1990) and silvicultural
uses (subject to the provisions of the Forest Practices Guidelines Related to
Water Quality, 15 NCAC 11.6101-.0209) are permitted with the WPIV-PA.
Residential and nonresidential uses allowed in the underlying general zoning
district or another applicable overlay district are permitted within the WPIV-PA.
12-1.5 Best Management Practices
(A) General
The construction of new roads and bridges and nonresidential development
shall minimize built -upon area, divert stormwater away from surface water
supply waters as much as possible, and employ best management practices to
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minimize water quality impacts. To the extent practicable, the construction of
new roads in the WPIV-CA Overlay District should be avoided. The NC
Department of Transportation shall use best management practices as outlined
in its document entitled, Best Management Practices for the Protection of
Surface Waters.
(B) Agricultural Uses
Agricultural uses are subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990 (Public Law
101-624).
(C) Forestry Operations
Forestry operations, if allowed in the underlying general zoning district, are
subject to the provisions of the Forest Practice Guidelines Related to Water
Quality (15 ANCAC 11.0101-.0209).
(D) Stormwater Best Management Practices Manual
The North Carolina Department of Environmental and Natural Resources,
Stormwater Best Management Practices Manual, 2007, and all amendments
thereto, hereafter referred to as the "NC BMP Manual", is hereby adopted by
reference as fully as though set forth herein and shall be used to design
required BMPs. If any standard, requirement, or procedure for BMP design as
set forth in the NC BMP Manual is in conflict with any standard, requirement, or
procedure set forth in this ordinance then the most stringent shall prevail. A
copy of the Manual shall be available for public review in the Nash County
Planning and Development Office.
12-1.6 Cluster Development
(A) Cluster Development
Cluster development is allowed in all watershed protection overlay districts
provided that the following conditions are met:
(1) Minimum lot sizes may be reduced for single-family cluster development
projects in accordance with the provisions of Section 9-4.1(B); however,
the total number of lots shall not exceed the maximum number of lots
allowed for single-family detached developments in Sections 12-1.2(A),
12-1.3(B), and 12-1.4(B). Density or built -upon area requirements for
the project shall not exceed that allowed in Sections 12-1.2(B), 12-
1.3(C), and 12-1.4(C).
(2) All built -upon area shall be designed and located to minimize stormwater
runoff impact to the receiving waters and minimize concentrated
stormwater flow.
(3) The remainder of the tract not built upon shall remain in a vegetated or
natural state. The title to the reserved open space area shall be
conveyed to an incorporated homeowners or property owners
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association for management; to a local government for preservation as a
park or open space; or to a conservation organization for preservation in
a permanent easement. Where a property association is not
incorporated, a maintenance agreement shall be filed with the property
deeds.
12-1.7 Buffer Areas
(A) A minimum thirty-foot vegetative buffer for new development activities is
required along all perennial waters indicated on the most recent versions of
USGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local
government studies. A minimum one hundred foot vegetative buffer is required
for all new development activities that utilize the high density development
option authorized by Section 12-1.12. Desirable artificial streambank or
shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water -dependent
structures, other structures such as flag poles, signs and security lights which
result in only diminutive increases in impervious areas, and public projects such
as road crossings and greenways where no practicable alternative exists.
These activities should minimize built -upon surface area, direct runoff away
from the surface waters and maximize the utilization of stormwater Best
Management Practices. Desirable artificial streambank or shoreline stabilization
is permitted.
(C) Whenever the buffer requirements of other portions of this Ordinance are in
conflict with the provisions of this Section, the more stringent requirement shall
apply.
12-1.8 Existing Development
(A) Existing development, as defined in Section 2-4, is not subject to the provisions
of the watershed overlay district requirements. Redevelopment of and
expansion to existing development is allowed as provided for herein.
(B) Redevelopment of existing development is allowed if the rebuilding activity does
not result in a net increase in built -upon area or if the redevelopment activity
includes equal or greater stormwater control than the previous development.
However, existing single-family residential development may be redeveloped
without any restrictions.
(C) Expansions to uses and structures classified as existing development must
meet the requirements of this Section provided, however, that the built -upon
area of the existing development is not required to be included in the built -upon
area calculations. However, existing single-family residential development may
be expanded without any restrictions.
12-1.9 Exceptions
If a nonconforming lot of record is not contiguous to any other lot owned by the same
party, then that lot of record shall not be subject to the development restrictions of this
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Ordinance if it is developed for single-family residential purposes. Any lot or parcel
created as part of a family subdivision after the effective date of these rules shall be
exempt from the provisions of Section 12-1 if it is developed for one single-family
detached residence and if it is exempt from the provisions of this Ordinance per Section
10-1.1.
12-1.10 Variances
(A) Minor Variances. Minor variances, as defined in Section 2-4, to the provisions
of Section 12-1 may be approved by the Planning Board pursuant to the
variance procedures outlined for the Board of Adjustment in Article VII,
specifically Sections 7-2.1, Section 7-2.3, and Sections 7-4 through 7-12. The
Zoning Administrator shall keep a record of all such minor variances and shall
submit, for each calendar year, the record to the Water Quality Section, of the
NC Division of Environmental Management on or before January 1st of the
following year. The record shall include a description of each project receiving a
variance and the reasons for granting the variance.
(B) Major Variances. Major variances, as defined in Section 2-4, shall be reviewed
by the Planning Board pursuant to the procedures outlined in this Article and a
recommendation prepared for submission to the NC Environmental
Management Commission (EMC). The record of a major variance review shall
include the following items:
(1) the variance application;
(2) the hearing notices;
(3) the evidence presented;
(4) motions, offers of proof, objections to evidence, and rulings on them;
(5) proposed findings and exceptions;
(6) the Planning Board's recommendation, including all conditions proposed
to be added to the permit.
Upon receiving the record of a major variance review from the Planning Board,
the EMC shall (1) review the variance request, (ii) prepare a final decision on the
request, and (iii) forward its decision to the Planning Board. If the EMC
approves the variance as proposed, the Planning Board shall prepare a final
decision granting the proposed variance. If the EMC approves the variance
with conditions and stipulations, the Planning Board shall prepare a final
decision, including such conditions and stipulations, granting the proposed
variance. If the EMC denies the variance request, the Planning Board shall
prepare a final decision denying the variance.
12-1.11 10%/70% Development Option
(A) Within the WPIII-BW Overlay District, the Board of Commissioners may, on 10%
of the total land area of the WPIII-BW Overlay District, authorize nonresidential
development to be constructed with a maximum 70% built -upon area provided
that the stormwater control structures specified in Section 12-1.13 are utilized.
Such additional nonresidential intensity allocation authorized by this Section
must comply with all other applicable provisions of Section 12-1.
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(B) Development projects authorized under this Section shall, to the maximum
extent practicable, minimize built -upon surface area, direct stormwater away
from surface waters, provide engineered stormwater controls in accordance with
Section 12-1.13, and incorporate Best Management Practices to minimize water
quality impacts.
(C) The Planning Director shall keep records of the County's use of the 10%/70%
option authorized by this Section. Records for each watershed shall include the
total acres of the WPIII-BW watershed, total acres eligible to be developed
under this option, total acres approved for this development option, and
individual records for each project with the following information: location,
number of developed acres, type of land use, and stormwater management
plan, if applicable.
12-1.12 High Density Development Option
(A) Upon approval by the Board of County Commissioners, a high density option
may be authorized provided that the requirements of this subsection are met.
(1) Within the WPIV-CA Overlay District, new development may exceed the
density and built -upon area standards set forth in Sections 12-1.3 (B)
and (C) provided that (a) engineered stormwater controls are used to
control runoff from the first inch of rainfall and (b) that the built -upon area
does not exceed 50%. Within the WPIV-PA Overlay District, new
development may exceed the density and built -upon area standards set
forth in Sections 12-1.4 (B) and (C) provided that (a) engineered
stormwater controls are used to control runoff from the first inch of
rainfall and (b) that the built -upon area does not exceed 70%.
(2) The engineered stormwater controls required in subsection 1 shall be
designed in accordance with Section 12-1.13.
(3) Financial assurance for the purpose of maintenance, repairs, or
reconstruction of stormwater control structures shall be provided
pursuant to Section 12-1.14.
(4) Stormwater control structures shall be maintained and inspected in
accordance with the provisions of Section 12-1.15.
(5) An occupancy permit shall not be issued for any building within the
permitted development until the Board of Commissioners has approved
the stormwater control structure, as provided in Section 4-8.
(6) All site plans for developments proposing to utilize the high density
option must be reviewed and approved by the Board of Commissioners.
12-1.13 Stormwater Control Structures
(A) Developments located within watershed overlay districts that have been
approved for the high density development option authorized in Section 12-1.12
and developments authorized under the 10%/70% option in accordance with
Section 12-1.11 shall comply with the requirements of this Section.
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(B) All stormwater control structures shall be designed by a North Carolina
registered professional with qualifications appropriate for the type of system
required; these registered professionals are defined as professional engineers,
landscape architects, to the extent that the General Statutes, Chapter 89A allow
and land surveyors, to the extent that the design represents incidental drainage
within a subdivision, as provided in General Statutes 89(C)-3(7).
(C) All stormwater controls shall use wet detention ponds as a primary treatment
system unless alternative stormwater management measures, as outlined in
subsection (D), are used. Wet detention ponds shall be designed for specific
pollutant removal according to modeling techniques approved by the North
Carolina Division of Environmental Management. Specific requirements for
these systems shall be in accordance with the following design criteria:
(1) Wet detention ponds shall be designed to remove 85% of total
suspended solids in the permanent pool and storage runoff from a one
inch rainfall from the site above the permanent pool;
(2) The designed runoff storage volume shall be above the permanent pool;
(3) The discharge rate from these systems following the one inch rainfall
design storm shall be such that the runoff does not draw down to the
permanent pool level in less than two days and that the pond is drawn
down to the permanent pool level within at least five days;
(4) The mean permanent pool depth shall be a minimum of three feet;
(5) The inlet structure shall be designed to minimize turbulence using
baffles or other appropriate design features; and
(6) Vegetative filters shall be constructed for the overflow and discharge of
all stormwater wet detention ponds and shall be at least thirty feet in
length. The slope and width of the vegetative filter shall be determined
so as to provide a non -erosive velocity of flow -through the filter for a 10-
year, 24-hour storm with a 10-year, 1-hour intensity with a slope of five
percent or less. Vegetation in the filter shall be natural vegetation,
grasses or artificially planted wetland vegetation appropriate for the site
characteristics.
(D) Alternative stormwater management systems, consisting of one treatment
option or a combination of treatment options, may be use. The design criteria
for approval shall be 85 percent average annual removal of Total Suspended
Solids. Also, the discharge rate shall meet one of the following criteria:
(1) the discharge rate following the 1-inch design storm shall be such that
the runoff draws down to the pre -storm design stage within five days, but
not less than two days; or
(2) the post development peak discharge rate shall equal the
predevelopment rate for the 1-year, 24-hour storm.
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(E) In addition to the vegetative filters required in subsection (C)(6) above, all land
areas outside of the pond shall be provided with a ground cover sufficient to
restrain erosion within thirty days after any land disturbance. Upon completion
of the stormwater control structure, a permanent ground cover shall be
established and maintained as part of the maintenance agreement described in
Section 12-1.14(C).
(F) A description of the area containing the stormwater control structure shall be
prepared and filed, consistent with Section 12-1.15(I) and (J), as a separate
deed with the County Register of Deeds along with any easements necessary
for general access to the stormwater control structure. The deeded area shall
include the stormwater control structure, vegetative filters, all pipes and water
control structures, berms, dikes, etc., and sufficient area to perform inspections,
maintenance, repairs and reconstruction.
(G) Qualifying areas of the stormwater control structure may be considered pervious
when computing total built -upon area. However, if the structure is used to
compute the percentage built -upon area for one site, it shall not be used to
compute the built -upon area for any other site or area.
12-1.14 Financial Security for Stormwater Control Structures
(A) All new stormwater control structures authorized in Section 12-1.13(A) shall be
conditioned on the posting of adequate financial assurance for the purpose of
maintenance, repairs or reconstruction necessary for adequate performance of
the stormwater control structures.
(B) Financial assurance shall be in the form of the following:
(1) Surety Performance Bond or Other Security. The permit applicant shall
obtain either a performance bond from a surety bonding company
authorized to do business in North Carolina, an irrevocable letter of
credit or other instrument readily convertible into cash at face value
payable to Nash County or placed in escrow with a financial institution
designated as an official depository of Nash County. The bond or other
instrument shall be in an amount equal to 1.5 times the total cost of the
stormwater control structure, as estimated by Nash County and
approved by the Board of Commissioners. The total cost of the
stormwater control structure shall include the value of all materials such
as piping and other structures; seeding and soil stabilization; design and
engineering; and, grading, excavation, fill, etc. The costs shall not be
prorated as part of a larger project, but rather under the assumption of
an independent mobilization.
(2) Cash or Equivalent Security Deposited After the Release of the
Performance Bond. Consistent with Section 12-1.15(K)(1), the permit
applicant shall deposit with Nash County either cash or other instrument
approved by the Board of Commissioners that is readily convertible into
cash at face value. The cash or security shall be in an amount equal to
fifteen percent of the total cost of the stormwater control structure or the
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estimated cost of maintaining the stormwater control structure over a
ten-year period, whichever is greater. The estimated cost of maintaining
the stormwater control structure shall be consistent with the approved
operation and maintenance plan or manual provided by the developer
under Section 12-1.15(A). The amount shall be computed by estimating
the maintenance cost for twenty-five years and multiplying this amount
by two fifths or 0.4.
(C) The permit applicant shall enter into a binding operation and maintenance
agreement between Nash County and all interests in the development. Said
agreement shall require the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater control structure in accordance with the operation
and management plan or manual provided by the developer. The operation and
maintenance agreement shall be filed with the Nash County Register of Deeds
by the Planning Director.
(D) Default under the performance bond or other security. Upon default of the
permit applicant to complete and/or maintain the stormwater control structure as
spelled out in the performance bond or other security, the Board of
Commissioners may obtain and use all or any portion of the funds necessary to
complete the improvements based on an engineering estimate. The Board of
Commissioners shall return any funds not spent in completing the
improvements to the owning entity.
(E) Default under the cash security. Upon default of the owning entity to maintain,
repair and, if necessary, reconstruct the stormwater control structure in
accordance with the operation and maintenance agreement, the Board of
Commissioners shall obtain and use all or any portion of the cash security to
make necessary improvements based on an engineering estimate. Such
expenditure of funds shall only be made after exhausting all other reasonable
remedies seeking the owning entity to comply with the terms and conditions of
the operation and maintenance agreement. The Board of Commissioners shall
not return any of the deposited cash funds.
12-1.15 Maintenance and Inspection of Stormwater Control Structures
(A) An operation and maintenance plan or manual shall be provided by the
developer for each stormwater control structure authorized in Section 12-1.11 or
Section 12-1.12, indicating what operation and maintenance actions are
needed, what specific quantitative criteria will be used for determining when
those actions are to be taken and, consistent with the operation and
maintenance agreement, who is responsible for those actions. The plan shall
clearly indicate the steps that will be taken for restoring a stormwater control
structure to design specifications if a failure occurs.
(B) Landscaping and grounds management shall be the responsibility of the owning
entity. However, vegetation shall not be established or allowed to mature to the
extent that the integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement or access to the stormwater control
structure.
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(C) Except for general landscaping and grounds management, the owning entity
shall notify the Planning Director prior to any repair or reconstruction of the
stormwater control structure. All improvements shall be made consistent with
the approved plans and specifications of the stormwater control structure and
the operation and maintenance plan or manual. After notification by the owning
entity, the Planning Director shall inspect the completed improvements and shall
inform the owning entity of any required additions, changes or modifications and
of the time period to complete said improvements. The Planning Director may
consult with an engineer or landscape architect (to the extent that the General
Statutes, Chapter 89A allow) designated by the Board of Commissioners.
(D) Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual shall be approved by the
Board of Commissioners. Proposed changes shall be prepared by a North
Carolina registered professional engineer or landscape architect (to the extent
that the General Statutes, Chapter 89A allow) and submitted to and reviewed by
the Planning Director prior to consideration by the Board of Commissioners.
(1) If the Board of Commissioners approves the proposed changes, the
owning entity of the stormwater control structure shall file sealed copies of
the revisions with the office of the Planning Director.
(2) If the Board of Commissioners disapproves the changes, the proposal
may be revised and resubmitted to the Board of Commissioners as a new
proposal. If the proposal has not been revised and is essentially the same
as that already reviewed, it shall be returned to the applicant.
(E) If the Board of Commissioners finds that the operation and maintenance plan or
manual is inadequate for any reason, the Board of Commissioners shall notify
the owning entity of any required changes and shall prepare and file copies of
the revised agreement with the Nash County Register of Deeds, the office of the
Planning Director and the owning entity.
(F) Processing and inspection fees shall be submitted in the form of a check or
money order made payable to Nash County. Applications shall be returned if
not accompanied by the required fee.
(G) A permit and inspection fee schedule, as approved by the Board of
Commissioners, shall be posted in the office of the Planning Director.
(H) Inspection fees shall be valid for 60 days. An inspection fee shall be required
when improvements are made to the stormwater control structure consistent
with subsection (C). above, except in the case when a similar fee has been paid
within the last 60 days.
(1) The stormwater control structure shall be inspected by an engineer or
landscape architect designated by the Board of Commissioners, after the
owning entity notifies the County that all work has been completed. At this
inspection, the owning entity shall provide:
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(1) The signed deed, related easements and survey plat for the stormwater
control structure ready for filing with the Nash County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the
extent that the General Statutes, Chapter 89A, allow) stating that the
stormwater control structure is complete and consistent with the
approved plans and specifications.
(J) The County's consulting engineer or landscape architect shall present the
materials submitted by the developer and the inspection report and
recommendations to the Board of Commissioners at its next regularly scheduled
meeting.
(1) If the Board of Commissioners approves the inspection report and
accepts the certification, deed and easements, the Board shall file the
deed and easements with the Nash County Register of Deeds, release
up to seventy-five percent of the value of the performance bond or other
security and issue an occupancy permit for the stormwater control
structure.
(2) If deficiencies are found, the Board of Commissioners shall direct that
improvements and inspections be made and/or documents corrected
and resubmitted to the Board.
(K) No sooner than one year after the filing date of the deed, easements and
maintenance agreement, the developer may petition the Board of
Commissioners to release the remaining value of the performance bond or other
security. Upon receipt of said petition, the County's consulting engineer or
landscape architect shall inspect the stormwater control structure to determine
whether the controls are performing as designed and intended. The consulting
engineer or landscape architect shall present the petition, inspection report and
recommendations to the Board of Commissioners.
(1) If the Board of Commissioners approves the report and accepts the
petition, the developer shall deposit with the County a cash amount
equal to that described in Section 12-1.14(B)(2) after which, the Board of
Commissioners shall release the performance bond or other security.
(2) If the Board of Commissioners does not accept the report and rejects the
petition, the Board of Commissioners shall provide the developer with
instructions to correct any deficiencies and all steps necessary for the
release the performance bond or other security.
(L) All stormwater control structures shall be inspected by the County at least on an
annual basis to determine whether the controls are performing as designed and
intended. Records of inspection shall be maintained on forms approved or
supplied by the North Carolina Division of Environmental Management. Annual
inspections shall begin within one year of filing date of the deed for the
stormwater control structure.
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(M) In the event that the Planning Director discovers the need for corrective action
or improvements, the Planning Director shall notify the owning entity of the
needed improvements and the date by which the corrective action is to be
completed. All improvements shall be made consistent with the plans and
specifications of the stormwater control structure and the operation and
maintenance plan or manual. After notification by the owning entity, the
Planning Director shall inspect and approve the completed improvements. The
Planning Director may consult with an engineer or landscape architect (to the
extent that the General Statutes, Chapter 89A, allow) designated by the Board
of Commissioners.
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