The provisions of this Article complement the standards and requirements set out in Part 3, Buildings and Structures, particularly those included in Division 3-8.3, Special Building Standards.

1. Purpose. The purpose of this Article is to ensure that:
   1. Adequate off-street parking is provided for uses that are permitted by this Unified Development Ordinance;
   2. Sufficient parking is provided in nonresidential areas that are near residential neighborhoods, so that the character and quality of life in the residential neighborhoods are protected from overflow parking;
   3. The sharing of off-street parking spaces among uses that have different peak parking demands allows for a reduction in the number of parking spaces that are required to serve mixed-use development;
   4. Adequate loading areas and (where appropriate) stacking areas are provided that do not interfere with the function of other vehicular use areas; and
   5. Vehicular use areas and sites are designed to maintain the function and safety of the adjacent street(s).
2. Additional Purposes. In addition to parking requirements that provide for convenience, neighborhood protection, and mobility, this Article provides ways to reduce the number of parking spaces that are required for development in order to promote the efficient use of land and reduce the expanse of paved areas.

Effective on: 1/1/1901

1. Applicability.
   1. All new development shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading, and shall comply with all other provisions of this Article.
   2. Whenever a building or use constructed or established after the effective date of this Code is changed or enlarged in floor area, number of dwelling units, seating capacity, or otherwise creates a need for an increase of 10 percent or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change.
   3. Off-street parking areas provided to comply with the provisions of this Division shall not be reduced below the requirements set out in Division 4-9.2, Required Parking and Loading except in conformance with Section 4-9.2.5, Credits and Reductions for Alternative Parking.
   4. Major redevelopment of existing sites shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading, as follows:
      1. Proposed redevelopment that abuts or is adjacent to a collector or arterial street shall demonstrate the capacity of the site to accommodate the total required quantity of parking spaces for the parking floor area of the existing and/or proposed use(s). As applicable, credits may be available for off-site or shared parking or a reduction may be warranted by a parking study, as set out in Section 4-9.2.5, Credits and Reductions for Alternative Parking.
      2. Proposed redevelopment that does not abut nor is adjacent to a collector or arterial street shall demonstrate the means for accommodating either on-site or off-site (see Section 4-9.2.5.D, Off-Site Parking) the total required quantity of parking spaces for the parking floor area of the existing and/or proposed uses(s).
   5. Minor redevelopment of existing sites shall provide the quantity of parking spaces required by Division 4-9.2, Required Parking and Loading to the extent of the new demand created by the redevelopment.
2. Timing of Compliance. No certificate of occupancy shall be issued unless and until off-street vehicular parking is provided in accordance with this Article.
3. Uses Not Listed. The Director shall determine the parking requirements for uses that are not listed in Division 4-9.2, Required Parking and Loading based on:
   1. The determination as to whether the use is either a subcategory of or functionally similar to a permitted, conditional, or permitted special exception use, as set out in Section 1-2.7.8, Unlisted and Functionally Similar Uses; or
   2. Parking studies of similar uses that are provided by the applicant, certified by a registered professional engineer, and approved by the Director (See Section 4-9.2.4, Special Studies); or
   3. As forwarded by the Director to and determined by the Planning Commission.

Effective on: 1/15/2018

1. Generally. The standards of this Section set out the means for calculating the minimum number of parking spaces that are required for each land use that is listed in the following:
   1. Table 4-9.2.2A, Parking for Residential and Commercial Uses of the Home;
   2. Table 4-9.2.2B, Parking for Institutional, Recreation, and Amusement Uses;
   3. Table 4-9.2.2C, Parking for Commercial Uses;
   4. Table 4-9.2.2D, Parking for Industrial, Logistics, and Storage Uses;
   5. Table 4-9.2.2E, Parking for Communications, Utility, and Transportation Uses; and
   6. Table 4-9.2.2F, Parking for Agricultural Uses.
2. Minimum vs. Maximum Parking. The standards for required parking set out in this Division are the minimum quantity of parking spaces that are required for each of the listed uses. The total number of parking spaces shall not  exceed 125 percent of the minimum required quantity of parking spaces unless the applicant:
   1. Justifies in writing the purposes and reasons for exceeding the minimum required parking spaces, citing industry standards and/or special studies for this or similar uses;
   2. States in writing whether the area of impervious surface (including parking and drive aisle spaces) that exceeds the minimum parking requirements may be deferred for construction at a later date, as warranted, and remain in the near term as landscape surface area. If so, this area does not count toward the required landscape surface area as set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards. If not, the statement shall justify the reasons why the additional parking may not be deferred.
   3. Demonstrates the site design techniques that will be employed to mitigate the impacts of the increased impervious surface area including storm water runoff and the heat island effect.
   4. Increases the amount of landscape surface area above that required by Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards for an area that is at least 50 percent of the area of impervious surface (including parking and drive aisle spaces) that exceeds the minimum parking requirements. Such landscape surface area shall be landscaped as set out in Article 10, Landscaping and Buffering.
3. Calculations. The number of required parking spaces is calculated according to the formulas set out in this Division, and then adjusted according to the standards of Section 4-9.2.5, Credits and Reductions for Alternative Parking, if applicable.
4. Rounding. If the final calculated number of required parking spaces includes a fractional space, the number of required parking spaces is rounded up to the nearest whole number, regardless of the fraction.
5. Abbreviations. The abbreviations in the tables are as follows:
   1. Acre - AC
   2. Bedroom – BR
   3. Dwelling Unit – DU
   4. Recreational Vehicle - RV
   5. Square Feet - SF
6. Special Parking Provisions.
   1. Recreational Vehicles.
      1. Private Lots in Residential Districts. In residential districts, no recreational vehicle, ATV, or boat that is longer than 17 feet (not including the trailer on which the boat is mounted) shall be parked or stored in any required front or side yard setback area, nor within five feet of the rear property line; except that:
         1. Outside of Manufactured Home Parks:
            1. Recreational vehicles may be parked anywhere on a residential lot for a period not to exceed 24 hours, for loading or unloading purposes; and
            2. Recreational vehicles may be used for temporary lodging for not more than seven days.
         2. In Manufactured Home Parks and Manufactured Home Subdivisions. Recreational vehicles may be parked in spaces that are designated for temporary use, as described in 1(b) above, or unoccupied storage by recreational vehicles on the site plan or plat.
      2. Common Storage Areas in Residential Districts. Residential development may include a common area for the storage of recreational vehicles and boats, provided that:
         1. The storage area is surrounded by a Type B bufferyard; and
         2. Use of the storage area is limited to recreational vehicles and boats that are owned by the residents of the development.
      3. Nonresidential Districts. Overnight parking of recreational vehicles, ATVs, or boats is prohibited other than for those uses that sell, lease, or service such vehicles., provided that:
         1. These vehicles do not occupy or reduce the number of required parking spaces on the premises; and
         2. Any connection of a recreational vehicle to utilities, including, but not limited to, water, sewer, and/or electricity, is prohibited, except:
            1. To perform routine maintenance or repairs for a period not to exceed three days; or
            2. Electricity may be connected to recreational vehicles that are displayed for-sale or for-rent at a use for which they are permitted.
   2. Inoperable Vehicles and Construction Equipment. No automobile, truck, or trailer of any kind, without current license plates, shall be parked and construction equipment shall not be stored on any lot in a residential zoning district, other than in a completely enclosed building, or physically removed from public view.
   3. Commercial Vehicles. Generally, commercial vehicles shall not be parked overnight on residential property unless they are located within carports or garage enclosures. However, one commercial vehicle is allowed in a driveway, provided that it is a van (with or without equipment racks), pickup truck (with or without equipment racks, and including 6-wheeled pickup trucks), or flatbed truck with a capacity that is no greater than two tons. Vehicles with a capacity that is greater than two tons are prohibited in all residential zoning districts. 
   4. Trailers.
      1. Commercial trailer storage is prohibited in residential districts.
      2. Commercial trailer storage is restricted in nonresidential districts to areas that are designated on an approved site plan and which do not occupy or reduce the number of required parking spaces on the premises.
      3. Residential trailers shall not be parked or stored in any required front, side, or street side yard, nor within five feet of the rear property line.
   5. Transportation Uses.
      1. Parking and loading requirements for transit centers or hubs shall be determined by a parking study.
      2. Parking and loading for other transportation uses, where the Director has determined that the use will not create a parking demand, are exempt these parking requirements.
      3. Cellular communication towers shall provide on- site parking for one service vehicle, which may be a natural or crushed rock surface.

Effective on: 1/1/1901

Set out in Table 4-9.2.2A, Parking for Residential and Commercial Uses of the Home, is the parking and loading requirements for residential and commercial uses of the home where they are permitted as set out in Division 1-2.7, Land Uses.

Set out in Table 4-9.2.2B, Parking for Institutional, Recreation, and Amusement Uses, is the parking and loading requirements for institutional, recreation, and amusement uses where they are permitted as set out in Division 1-2.7, Land Uses.

Set out in Table 4-9.2.2C, Parking for Commercial Uses, is the parking and loading requirements for commercial uses where they are permitted as set out in Division 1-2.7, Land Uses.

Set out in Table 4-9.2.2D, Parking for Industrial, Logistics, and Storage Uses, is the parking and loading requirements for industrial, logistics, and storage uses where they are permitted as set out in Division 1-2.7, Land Uses.

Set out in Table 4-9.2.2E, Parking for Communications, Utility, and Transportation Uses, is the parking and loading requirements for communications, utility, and transportation uses where they are permitted as set out in Division 1-2.7, Land Uses.

Set out in Table 4-9.2.2F, Parking for Agriculture Uses, is the parking and loading requirements for agriculture uses where they are permitted as set out in Division 1-2.7, Land Uses.

Effective on: 1/1/1901

1. Generally. Parking lots must designate parking spaces for the use of persons with disabilities as set out in Table 4-9.2.3, Disable Parking Requirements.

2. Accessible Parking Standards. In accordance with the American’s with Disabilities Act (ADA), the following standards shall be met:
   1. Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
   2. Parking Spaces. Accessible parking spaces shall be at least 96 inches wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with ADA, Accessible Routes. Two accessible parking spaces may share a common access aisle (See Figure 4-9.2.3, Dimensions for ADA Accessible Spaces). Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions.

Figure 4-9.2.3 Dimensions for ADA Accessible Spaces

2. 3. Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Spaces complying with B.2., above shall have an additional "Van-Accessible" sign mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.
   4. Vertical Clearance. Provide minimum vertical clearance of 114 inches at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with B.2., above, provide minimum vertical clearance of 98 inches at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s).
   5. Passenger Loading Zones. Passenger loading zones shall provide an access aisle at least 60 inches wide and 20 feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2 percent) in all directions.

Effective on: 1/1/1901

1. Generally. Some of the uses that are listed in the tables set out in Division 1-2.7, Land Uses have nonlinear or widely varying parking demand characteristics. Accordingly, their parking requirements are listed in the table as "See Section 4-9.2.4, Special Studies." Required parking for these uses shall be established according to the standards of this Section.
2. Requirements.
   1. Special Study. A special study shall be conducted by a qualified traffic engineer at the applicant's expense.
   2. Contents. The special study shall provide:
      1. A peak parking analysis of at least five functionally comparable uses.
      2. Documentation regarding the comparability of the referenced uses, including: name, function, location, floor area, parking availability, access to transportation network (including vehicular, bicycle, pedestrian, and transit, as applicable), use restrictions, and other factors that could affect the parking demand.
3. Approval of Special Study.
   1. Additional Information. The City may rely upon the special study or may request one round of additional information or analysis, including, but not limited to: alternative or new data points, or consideration of additional or alternative factors related to comparability or peak demand, as supported by sound engineering principles.
   2. Condition of Approval. As a condition of approval of a special study, the City may require that land be reserved or land-banked for additional parking if:
      1. There is a demonstrably high probability the use could change, resulting in a higher demand for parking; or
      2. The variability in the special study justifies the reservation of additional land to mitigate a material risk that the use may be insufficiently parked.
   3. Appropriate Location and Dimension. Areas that are reserved or land-banked shall be of appropriate location and dimension to provide for the additional parking by connection to existing parking lots.

Effective on: 1/1/1901

1. Generally. This Section sets out credits and permissible reductions in the number of off-street parking spaces that is required to be provided. These credits or reductions are based on the provision of alternative parking or transportation demand management programs that tend to reduce the demand for parking spaces. If used in conjunction with Section 4-9.2.6, Shared Parking, these reductions may be applied to one type of use to reduce the parking requirement for the use prior to calculating the shared parking reduction.
2. Applicability to Special Studies. The credits and reductions set out in this Section are not available to uses that base their parking on a special study, as set out in Section 4-9.2.4, Special Studies, unless the special study's methodology specifically addresses these credits and reductions and determines that they are appropriate.
3. Reduction of Parking or Loading Requirements by Demonstration of Lesser Demand Management.
   1. Warrant by Demonstration. The City may approve a reduction in the number of required parking or loading spaces if the applicant demonstrates that such a reduction is appropriate based on specific parking demand forecasts for the proposed use, provided that:
      1. Such forecasts are made by a qualified traffic engineer, and are based upon a peak parking analysis of at least five comparable uses; and
      2. The comparability of the uses shall be documented in detail, which includes their location, size, transportation system access, use restrictions, and all other factors that were considered by the traffic engineer that could affect parking demand.
   2. Objective Review. The City may retain a qualified traffic engineer, at the applicant's expense, to review the parking demand forecast and provide recommendations to the City.
   3. Decision. The City may rely on the applicant's special study or the special study conducted by the City's consultant.
   4. Future Changes. The Plan Commission may require that space be reserved or land-banked for additional parking upon a determination that there is a reasonable likelihood that the nature of the use could change in a manner that increases its parking demand.
4. Off-Site Parking. Generally, off-street parking shall be provided on the same lot or parcel as the principal use for which it is required. However, required parking may be located off-site if the following conditions are met:
   1. Location. The nearest point of the off-site parking lot is located not more than 500 feet from the principal building or structure it serves;
   2. Site Limitations. The Director has found that the provision of required off-street parking on the same parcel with the principal building is impossible or impractical due to site conditions, or that utilization of parking spaces on another parcel will accomplish a desirable design objective, and that an acceptable alternative is available.
   3. Restrictions and Covenants. The owner(s) of the same lot(s) with the principal building (s), and the owner(s) of the parking space on the separate parcel(s) have executed a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, covering said lot(s) and parking space.
5. Motorcycle and Bicycle Parking.
   1. Additional Requirements. Motorcycle and bicycle parking may be provided in addition to other off-street parking requirements.
   2. Reductions. Required parking spaces may be reduced at a rate of one space for every 10 spaces in a permanent bicycle rack or for every five motorcycle spaces.

Effective on: 1/1/1901

1. Shared Parking. Parking requirements for two or more uses may be satisfied with shared parking. Shared parking may be approved if the Planning Commission has approved a parking study that demonstrates that the subject uses have inherent differences in parking activity patterns and that the combined parking requirements will not exceed the available parking supply. The right of joint use of a parking facility must be executed by a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, covering said parking lot(s) and/or parking spaces. Shared parking shall conform to the following standards:
   1. Location.
      1. Parking shall be provided on the same or a contiguous lot; or
      2. Parking may be provided off-site if the parking study demonstrates that the proximity of the parking is acceptable.
      3. In cases where parking for a project is to be provided on more than one lot, a parking association shall be formed by the owners of the affected parcels prior to issuance of a permit. Documentation of the association shall be provided to the Director, in a form and of content to the satisfaction of the City Attorney, prior to issuance of a zoning permit.
   2. Shared Parking Table. Shared parking allows a reduction in the total number of required parking spaces when a parcel is occupied by two or more uses which typically do not experience peak use of parking areas at the same time. When any land or building is used for two or more uses that are listed below, the minimum total number of required parking spaces may be determined by the following procedures:
      1. Multiply the minimum required parking for each individual use, excluding spaces reserved for use by specified individuals or classes of individuals (e.g., spaces that are either posted "reserved," or secured behind a gate), by the appropriate percentage listed in Table 4-9.2.6A, Shared Parking, for each of the designated time periods.
      2. Calculate a sum for all uses for each of the five time periods (columns). The minimum parking requirement is the highest of these sums. Set out in Table 4-9.2.6B, Illustrative Shared Parking Credit Calculation, is an example of how to use Table 4-9.2.6A, Shared Parking to calculate required parking.
      3. In general, the maximum reduction allowed by Table 4-9.2.6A, Shared Parking, shall be 25 percent. However, a greater reduction is permitted, provided that:
         1. Sufficient land is set aside for each parking space in excess of the 25 percent reduction that is not constructed, so that the spaces may be constructed at a later date should the Planning Commission determine that they are necessary; and
         2. The property owner executes and records a document that guarantees that the spaces will be constructed upon written order of the Director.

1. 3. Implementation. The Director may require the owner or manager of a project approved under the shared parking demand alternative, once built, to maintain an accurate, up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use. The Director may require this record be provided when the owner or manager applies for a new land use or development approval for the subject parcel.
   4. Special Shared Parking Study.
      1. As an alternative to the methodology in Table 4-9.2.6A, Shared Parking, an applicant may submit a special study to demonstrate that the parking required to serve mixed uses is less than the total of the parking requirements for each individual use. The special study shall be undertaken by a qualified traffic engineer, and shall:
         1. Review peak parking demand periods for the proposed uses during a 24-hour weekday and each weekend day, and propose a required number of parking spaces based on the combined peak hour demand for parking.
         2. Provide data on the following:
            1. The sensitivity of the proposed uses to change. For example, a center with no restaurant could have significant changes in parking if a restaurant was added.
            2. Similar mixes of uses in other areas of the community.
            3. Degree of variability of parking for individual uses (average, range, and standard deviation).
      2. The City may require a reserved open area if it believes that the risk of parking needs changing over time so warrants. Once the project is occupied and well established, if there is a surplus of parking, the applicant may petition for additional development capacity and parking using the reserved area.
   5. Shared Parking Among Users Under Different Ownership. When a shared parking reduction is to be applied to uses on several lots under different ownership, the following shall be provided:
      1. A plan that provides for interconnected lots;
      2. Recorded easements that provide, at a minimum, for:
         1. Cross-access among the parking areas and connections to permit parking by the different uses anywhere in the connected properties;
         2. Allocation of maintenance responsibilities;
         3. A pedestrian circulation system that connects uses and parking areas, making it easy and convenient to move between uses; and
         4. A right of enforcement by the City.

Effective on: 1/1/1901

1. Parking Space Design for Single-Family Residential Uses. Parking spaces for single family attached and detached residential uses, live-work units, and manufactured homes within a manufactured home park or subdivision that are located in private garages, carports, or individual driveways are not required to be marked. A person may not park a motor vehicle in the front yard or side yard of a residential property, except in a driveway or on an improved surface as listed below. The total area designated for parking shall not exceed 35% of the front and/or side yard area. An area on a private residential lot is considered a parking space if:
   1. The area is at least 9 feet by 19 feet in dimension;
   2. The area does not encroach upon a public sidewalk;
   3. The area is  surfaced with asphalt, concrete, or other material as approved in Section 4-9.3.4; and
   4. The area is accessible from the street. (See Figure 4-9.3.1, Private Residential Parking Spaces.)

Figure 4-9.3.1  Private Residential Parking Spaces

2. Parking Design of Multi-Family Residential Uses. Parking spaces for townhomes and multi-family and multiplex dwellings shall meet the requirements of Section 4-9.3.2, Parking Design for Nonresidential Uses.
3. Guest Parking. In residential districts, guest parking in excess of the minimum parking requirements may be permitted in platted guest parking islands within enlarged cul-de-sacs. However, in no case shall the required parking be located within a guest parking island.

Effective on: 1/15/2018

1. Access to Street. Parking lots shall be designed so that vehicles will exit onto a public street in a forward direction. Parking spaces shall not back directly onto a public street.
2. Maneuvering Space. Parking lots shall be designed so that vehicles may exit a parking space with no more than two maneuvers. A maneuver is defined as each motion in either a forward or backward direction. Unless approved by the Director, no space may be allowed that requires a vehicle to be maneuvered on the public sidewalk in order to exit. All spaces must be designed to be entered in one maneuver.
3. Parking Lot Design. Expansive surface parking lots shall be avoided through design of smaller parking modules that are separated by landscaped medians, vegetated swales, bio-swales, rain gardens, earthen berms, pedestrian walkways, and other landscape surfaces that are integrated as part of the site drainage system.
4. Ingress and Egress. Landscaping, curbing, and other approved barrier shall be provided along the boundaries of parking lots to manage site ingress and egress. All off-street parking areas shall be designed so that all movement onto a public street is in a forward motion.
5. Drainage. Parking lots shall be designed so as not to drain into or across public sidewalks or onto adjacent property, except into a natural watercourse or drainage easement. In developed areas where this requirement may be impractical, the City Engineer may exempt this requirement in favor of an acceptable alternative, provided adequate provision is made for site drainage.
6. Lighting. Adequate lighting shall be provided as set out in Division 4-11.1, Lighting. Equipment for lighting off-street parking lots shall be arranged and located so as not to interfere with traffic or adjoining residential districts or uses, as applicable.
7. Landscaping. Landscaping of off-street parking lots shall be provided as set out in Article 10, Landscaping and Buffering.
8. Temporary Parking Lots. Parking lots that are approved and installed on a temporary basis, for a maximum period of six months, in order to accommodate the parking generated by a temporary use shall meet the parking space, access, and maneuvering dimensional requirements of this Section. Such temporary parking lots shall have an all-weather, dust-free surface.
9. Dimensions of Standard Parking Spaces. Parking spaces shall have the following dimensions.
   1. Standard. Generally: 9’ width x 19’ depth standard, provided that up to a maximum of 10 percent of the required parking spaces may be reduced to 8.5’ x 18’. Any spaced in excess of the required spaces shall be the standard dimensions.
   2. 90-degree. 90-degree parking spaces that abut a curb or the edge of pavement (allowing for a minimum two foot overhang): 9’ width x 16’ depth. (See Figure 4-9.3.2A, Parking Space Dimensions.)
   3. Parallel. Parallel (0 degree) parking spaces: 9’ width x 24’ depth

Figure 4-9.3.2A Parking Space Dimensions

10. Parking Space Markings. All standard and disabled parking spaces that are located in parking lots with 10 or more spaces or provided on a street provided by the developer shall be clearly marked by painted lines, curbs, or other means to indicate individual spaces, drive aisles, and fire or loading zones.
11. Traffic Control Devices. All traffic control devices (signs, marking, and signals) shall conform to the Manual on Uniform Traffic Control Devices, latest edition.
12. Vertical Clearance. A vertical clearance of not less than eight feet shall be provided over all parking spaces. Additional clearance shall be provided for larger vans, sports utility vehicles, and light trucks that require such clearance if parking demand from such vehicles is anticipated. All parking garage entrances shall include an overhead bar to alert oversized vehicles regarding clearance.
13. Parking Module Dimensions. Parking modules shall be dimensioned as shown in Table 4-9.3.2, Parking Module Dimensions. The dimensions that are set out in the table are illustrated in Figure 4-9.3.2B, Parking Module Measurements.

Figure 4-9.3.2B Parking Module Measurements
Illustrative dimensions for two stall row parking module (below)
Illustrative dimensions for one stall row parking module (below)

Figure 4-9.3.2B Parking Module Measurements
Illustrative dimensions for two stall row parking module (below)
Illustrative dimensions for one stall row parking module (below)

Figure 4-9.3.2B Parking Module Measurements
Illustrative dimensions for two stall row parking module (below)
Illustrative dimensions for one stall row parking module (below)

Figure 4-9.3.2B Parking Module Measurements
Illustrative dimensions for two stall row parking module (below)
Illustrative dimensions for one stall row parking module (below)

14. Parking Lot Setbacks. Off-street parking lots shall be set back from the street right-of-way to accommodate required bufferyards as set out in Section 4-10.3.2, District Bufferyard Standards. (See Figure 4-9.3.2C, Parking Lot Setback). Parking and loading spaces, drive aisles, and vehicular maneuvering areas shall not encroach upon or overhang any public street right-of-way, private street easement, access easement, or site ingress or egress.

Figure 4-9.3.2C Parking Lot Setback

15. Central Business District Parking. Within the Central Business District, off-street parking is not required. On-street parking is to be shared and may not be allocated to individual owners or businesses unless a valet parking agreement, in a form and of content to the satisfaction of the City Attorney, is approved by the Planning Commission. Parking in the CBD shall conform to the Design Guidelines for Downtown Florence, as amended from time to time.

Effective on: 1/15/2018

1. Generally. All uses shall provide off-street loading as required by Division 4-9.2, Required Parking and Loading. Loading spaces shall be designed as provided in this Section.
2. Design of Loading Spaces. Loading spaces shall be designed as follows:
   1. The dimensions of required loading spaces shall depend upon whether the use will be served by semi-trailers. Commercial retail, heavy retail, and industrial uses that are larger than 40,000 square feet shall be presumed to require semi-trailer loading unless the applicant demonstrates otherwise.
   2. Minimum width of loading bay (side to side): 12 feet.
   3. Minimum length of loading bay (front to back):
      1. For semi-trailers: 60 feet.
      2. All other loading spaces: 35 feet.
   4. Minimum vertical clearance: 14 feet.
3. Use of Right-of-Way. Where off-street loading areas are required, at no time shall any part of a truck or van be allowed to extend into a public street or alley right-of-way, private access easement, or sidewalk while the truck or van is being loaded or unloaded. This Subsection does not apply in the Central Business District (CBD) of the Activity Center (AC) District.
4. Maneuvering Space. Adequate off-street truck maneuvering space shall be provided on lot (and not within any public street right-of-way or other public property), so that trucks can maneuver to the docking area.
5. Location. All loading areas shall be located on the same lot as the building or lot served by the loading area, except in the Central Business District (CBD) and Activity Center (AC) District.
6. Buffering. Semi-trailer loading spaces and loading docks shall be located behind buildings and screened from view from adjacent properties and public rights-of-way. Truck access and loading areas that are located between a principal building and property that is used or zoned for residential purposes shall comply with the following additional standards:
   1. The length of the loading area shall be screened by a bufferyard that has one level more opacity (e.g., from a "Type B" bufferyard to a "Type C" bufferyard) than required by the district boundary and contains an eight-foot tall masonry wall; or
   2. The loading area is enclosed by a roof and a wall between the building and the district boundary line (a "loading shed"). The buffer between the loading shed and the district boundary line may be reduced by one level of opacity adjoining the loading shed, and may be the district standard elsewhere.
7. Fire Exit or Emergency Access. Off-street loading facilities shall be designed so as not to interfere with any fire exits or emergency access facilities to either a building or site.

Effective on: 1/1/1901

1. Surfacing. Off-street parking areas shall be surfaced as follows:
   1. In general, off-street parking areas that are required to have more than five parking spaces shall be graded and surfaced with a material approved by the City Engineer that will protect against potholes, erosion, and dust.
   2. The City Engineer may permit the use of less durable, permeable surfaces (such as grass pavers, pervious asphalt or concrete, paving blocks, crushed stone, gravel, or another approved surface material) for surface areas that serve as storage and display areas, where permitted, as well as approved areas of off-street parking lots that are designed for low-turnover uses or overflow parking, provided that:
      1. Permeable pavement systems cannot be used on sites where there is or may be a likelihood for high oil and grease concentrations, including but not limited to the following uses: automotive sales, rental and service establishments; automotive repairs, heavy or light; and parking lots with greater than 1,000 average daily trips.
      2. If the surface is intended to support vehicles, permeable pavement areas must be designed and constructed in accordance with the industry standard of the proposed use.;
      3. The perimeter of such parking areas is defined by bricks, stones, curbs, or other similar materials;
      4. Surfaces with loose materials are set back at least 25 feet from a public street; and
      5. The material does not generate inordinate amounts of dust.
2. Credit for Permeable Pavement. For each one percent of the total required parking surface that is constructed of permeable pavement, in approved locations, the ratio of parking lot landscape islands to parking spaces set out in Section 4-10.2.3, Parking Lot Landscaping will be reduced by one space per island. Set out in Table 4-9.3.4, Credit for Use of Permeable Pavement, is an example of how the credit may be applied. The maximum ratio that may be achieved is 1:20.

3. Maintenance. Off-street parking surfaces and traffic control devices shall be kept in good condition (e.g., clean, orderly, dust-free and weed-free) and parking space lines or markings on hard-surfaced lots shall be kept clearly visible and distinct.

Effective on: 1/1/1901

1. Storage Prohibited.
   1. Required off-street parking spaces shall be available for operable passenger vehicles of the residents, customers, patrons, and employees of the use to which they relate.
   2. Storing or displaying materials, boats, campers, recreational vehicles, or inoperable vehicles, or parking trucks or trailers is prohibited in parking areas, unless:
      1. The outdoor storage or display use is permitted in the applicable zoning district and approved for the subject property;
      2. The areas that are set aside for such parking are not counted towards the parking requirements for the use, as set out in Division 4-9.2, Required Parking and Loading; and
      3. The areas that are set aside for such parking comply with the requirements for outdoor storage and display (e.g., buffering or screening, location, size of area, etc.).
   3. The long-term storage of trailers in loading spaces is prohibited. Such spaces shall be available for routine use by delivery vehicles.
   4. Trash enclosures, dumpsters, and transformers shall not be located in parking areas in locations that interfere with circulation or use of parking spaces.
2. Vehicle Work Prohibited. No vehicle work of any kind or nature is permitted within off-street parking lots or parking garages.
3. Blocking Access Prohibited.
   1. Blocking loading or parking spaces is prohibited.
   2. Loading or parking spaces shall not be designed or located in a manner that blocks access to other loading spaces, parking spaces, drive aisles, fire lanes, ingress or egress points, or building entrances. However, tandem parking spaces may be used in valet lots.
   3. Parking within a driveway approach or across public sidewalks is prohibited.
4. Sales. The sale of goods in a parking lot is prohibited, except when the applicable requirements for temporary sales, as set out in Division 1-2.9, Temporary Uses, are met

Effective on: 1/1/1901

1. Purpose. The City recognizes that landscaping and trees enhance the appearance of vehicular use areas and development abutting rights-of-way, promote aesthetic quality, moderate the heat island effect, and reduce storm water runoff. Landscaping also safeguards property values, protects public and private investments, and promotes quality development. In bufferyards, landscaping mitigates conflicts between uses and minimizes the effects on the surrounding environment due to noise, dust, debris, artificial light intrusions, and other impacts on an adjoining or nearby use. The purpose of this Article is to provide the detailed landscaping standards for all development, including landscaping for lots and buildings, open spaces, parking lots, and along streets, as well as bufferyards within and between developments. It also contains standards for installing and maintaining landscaping materials.
2. Intent. In establishing these standards and requirements, it is the City’s intent to promote and preserve the appearance and character of the community, increase the compatibility between land uses, and improve the health and quality of life of the residents of the City through the protection of specified trees located on property within the City and the public rights-of-way.

Effective on: 1/1/1901

1. Generally. This Section requires two general types of landscaping: development landscaping, which is the subject of Division 4-10.2, Development Landscaping; and bufferyards, which are the subject of Division 4-10.3, Bufferyards, as follows:
   1. Development Landscaping. There are four types of development landscaping including:
      1. Lot and building landscaping;
      2. Open space landscaping;
      3. Parking lot landscaping; and
      4. Street trees.
   2. Bufferyard Landscaping. Bufferyards are required based on the zoning, development type, or right-of-way type that abuts proposed development. Generally, bufferyards must be provided as required by Division 4-10.3, Bufferyards although other sections of this Unified Development Ordinance may require additional buffering, e.g., Division 1-2.8, Conditional and Permitted Special Exception Use Standards. Bufferyards may be required along:
      1. District boundaries;
      2. Street and railroad rights-of-way;
      3. Boundaries of parking lots.
2. Applicability of Standards. Except as provided in Subsection C., below, the standards of this Article apply to all new development, major redevelopment, or substantial improvements, and where specifically indicated, to existing sites or buildings. The application of this Article may be limited by Article 23, Nonconformities.
3. Exceptions. The following are exceptions to the standards of this Article:
   1. Individual lots of record that are used for existing single-family or two-family dwellings.
   2. Modifications to nonresidential buildings where the redevelopment does not expand the use by more than  35 percent.
4. Calculations. No area of a parcel proposed for development shall be counted more than once for the purposes of applying landscaping requirements.

Effective on: 1/15/2018

1. General.
   1. Lot landscaping is required on lots within new residential subdivisions. This Section does not apply to existing single-family detached or duplex lots.
   2. Building landscaping or hardscaping is required around nonresidential, mixed-use, and multi-family buildings, except in the Central Business District (CBD).
   3. Required bufferyards, parking lots, designated open space tracts, and parkways used for street tree planting are not counted as areas where lot or building landscaping is required.
2. Lot Landscaping.
   1. Generally. Lot landscaping is required as set out in Table 4-10.2.1A, Lot Landscaping Requirements. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004)

1. 2. Substitution of Trees. Understory trees may be substituted for canopy trees if the dimensions of the lot are such that the canopy trees would not have room to grow to a full canopy without conflicting with buildings or each other. For the purposes of this substitution, one canopy tree equals two understory trees.
   3. Ground Covers and Sod. Areas of residential lots that are not covered by buildings, driveways, swimming pools, or other impervious surfaces shall be sodded or planted with permitted groundcovers, unless they are covered by woodlands or other natural areas.

3. Building Landscaping
   1. Generally. Multifamily and nonresidential buildings shall be surrounded by planting areas or sidewalks with a minimum width as set out in Table 4-10.2.1B, Building Landscaping Requirements. Planting areas count towards the landscape surface ratio set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards.

1. 2. Awnings and Roof Overhangs. Awnings and roof overhangs may extend over building landscaping provided sufficient irrigation is provided to the planting area.
   3. Location. The planting areas are not required in areas that are designed for direct vehicular access to the building, such as loading bays, service bays, and drive-through lanes on the side of the building with the service window, but shall be installed adjacent to the building foundation and between parking and vehicular use areas and the building. See Figure 4-10.2.1, Building Landscape Planting Areas.

Figure 4-10.2.1 Building Landscape Planting Areas

1. 4. Required Planting.
      1. Front and Street Side.    For each 50 linear feet, one (1) understory tree and ten (10) shrubs shall be planted within the front and street side planting areas. Shrubs shall be planted in a continuous row or at intervals of not more than five feet on center (o.c.) or they may be designed in groupings, if equal or greater numbers of plants are used. All plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004). All remaining areas shall be in groundcover, which may include sod, mulch, or perennial or seasonal plantings. Wet ponds with fountains, vegetated rain gardens, naturalized wetlands, and/or xeriscape gardens may be used in lieu of or together with the required shrubbery and groundcover. Sculptures, monuments, and other public art installations are encouraged, subject to a recommendation of the Director and approval of the Planning Commission.
      2. Side.   For each 25 linear feet, one (1) understory tree and four (4) shrubs shall be planted with a minimum spacing of ten feet on center for trees and five feet on center for shrubs, which may be designed in groupings if equal or greater numbers of trees or shrubs are used. All remaining areas shall be in groundcover, which may include sod, mulch, or perennial or seasonal plantings.
      3. Rear. A rear planting area that is adjacent to a drive-through lane or a parking lot shall meet the requirements of 4.b. above. All other rear planting areas shall be in groundcover, which may include sod, ornamental grasses, mulch, or perennial or seasonal plantings.
   5. Substitution. Trees may be substituted for shrubs in areas where there is sufficient room for the healthy growth and stability of the tree. Substitution of trees for shrubs shall be at a rate of one understory or evergreen tree per four shrubs.
   6. Alternate Plans.   The Planning Director, or a designee, may consider alternate locations for the front, side and rear plantings as required within the above section 4.a., 4.b. and 4.c. at the request of the applicant. Upon approval, the required plantings may be placed within the Parking Lot Landscaping and/or Open Space Landscaping requirements. The Building Landscape planting requirements do not substitute or replace the requirements for the Parking Lot or Open Space planting requirements.

Effective on: 1/15/2018

1. Generally. Open space landscaping shall be installed on designated open space tracts. Open space tracts include all areas that are set aside pursuant to the required open space ratio, or otherwise designated as commonly-owned open space even if not required by this Unified Development Ordinance.
2. Exceptions.
   1. General Exceptions. The area to which open space landscaping requirements applies does not include any open spaces that are in the following categories:
      1. Areas that are not dedicated as open space tracts or under common ownership by a property owners' association.
      2. Areas within required bufferyards, even if commonly-owned, that meets the requirements of Division 4-10.3, Bufferyards.
      3. Areas within 15 feet of ball fields, playing courts, and similar play areas (including bleachers or seating areas for spectators), which are designed to be free of trees and landscaping. However, where the perimeter of an active recreation area is within 30 feet of one or more residential lots, the perimeter shall be planted with a Type C Bufferyard. (See Section 4-10.3.1, Standard Bufferyards.)
      4. Parking areas for recreation facilities in the open space.
      5. Waterbodies and wet detention basins.
      6. Wooded areas that are designated as open space tracts. For the purposes of identification, the boundaries of the wooded areas follow the canopy line.
   2. Limited Exceptions. The area within wetlands dedicated as open space is not required to be landscaped. Landscaping installed near wetlands shall be composed of species that are tolerant of a high water table.
3. Planting Requirements.
   1. Generally. It is preferred that open space be landscaped with five canopy trees per acre. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004).
   2. Substitution. Understory or evergreen trees may be substituted for canopy trees if the dimensions of the open space tract are such that the canopy trees would not have room to grow to a full canopy without conflicting with buildings or each other. For the purposes of this substitution, one canopy tree equals two understory trees or 1.5 evergreen trees.
   3. Ground Cover. At a minimum, open space areas shall be planted with ground covers to prevent erosion and windblown dust. Mulch may be used in areas under the canopy of trees and in beds in which shrubs are planted.
   4. Distribution. Open space landscaping shall be distributed around the area of open space to serve the following priorities, in order to:
      1. Give trees adequate room for healthy growth and stability;
      2. Enhance the landscaping's contribution to the ecological or buffering function of the open space tract (e.g., prevent erosion, buffer streams, or buffer land uses from each other); and
      3. Contribute to the aesthetics of the parcel proposed for development and adjacent streets.

Effective on: 1/1/1901

1. Generally. Parking lot landscaping is required within and around parking lots that contain 10 or more parking spaces for all multi-family, nonresidential, and public and institutional development. Plant material shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004).
2. Parking Lot Landscape Areas. As illustrated by Figure 4-10.2.3A, Ratios of Landscape Islands, landscaping is required in all of the following areas:
   1. At the ends of parking aisles, planted in islands that are not less than nine feet wide by 38 feet long, with a curb radii on the side that faces outward from the parking aisle equal to the width of the island.
   2. In the middle of single and double parking rows, planted in interior landscape islands that are not less than nine feet wide by 19 feet long (single row) or 38 feet long (double row), with five foot curb radii, at the ratios set out in Table 4-10.2.3, Ratio of Landscape Islands. Refer to Appendix C, Planting Details
   3. At the corners of parking lots, planted in corner islands, which is the area defined by the extension of the edges of intersecting parking modules.

Figure 4-10.2.3A Ratios of Landscape Islands

3. Planting Requirements. Parking lot landscape islands shall be provided at the maximum ratios described in Table 4-10.2.3, Ratio of Landscape Islands, and planted as follows:
   1. Each interior and endcap island shall be planted with a minimum of:
      1. One canopy tree or two understory or evergreen trees; and
      2. Groundcover, which may be sod or shrubs, ornamental grasses, or perennials that are planted at intervals of not less than three feet in a bed of mulch (e.g. pine straw or bark, shredded hardwood, etc.).
   2. Each parking lot corner shall be planted with two canopy trees or three understory or evergreen trees, unless such plantings would interfere with sight distances that are required for safe ingress to and egress from the parking lot.
   3. Decorative pavers or stamped and dyed concrete may be used as an alternative to the required groundcover for up to 20 percent of the required landscape islands. The color of tinted or dyed concrete shall be integrally mixed into and not spread on top of the materials. If pavers or stamped, dyed concrete is used, it shall provide a natural area that is no less than 12 square feet around the base of required trees.
   4. Planted landscape islands shall have soil that is contiguous with the natural ground and shall not be filled with concrete, asphalt, or other impervious surfaces.
4. Alternative Ratio. The maximum ratio may be modified as follows:
   1. The maximum ratio may be increased up to 25 percent (e.g., one island per 20 spaces may be increased to one island per 25 spaces) to accommodate landscape islands that preserve existing trees, provided that:
      1. The trees are healthy, non-invasive, and at least five years old; and
      2. The landscape island is large enough to maintain the health of the tree.
   2. The maximum ratio may be waived where parking modules are separated by a linear landscape island with a minimum width of eight feet, provided that at least five feet of the width of the linear island is landscaped (other areas may be curb or sidewalk) with trees that are appropriate for street tree use, planted at intervals of not less than 50 feet on center. To protect trees, wheelstops shall be added to parking places that are near or adjacent to trees. Endcap islands that are divided by landscape strips shall be planted with two canopy trees or four understory or evergreen trees. (See Figure 4-10.2.3B, Linear Landscape Island.)

Figure 4-10.2.3B Linear Landscape Island

5. Use of Islands for Stormwater Treatment. To the maximum extent practicable, landscape islands shall be designed to incorporate storm water runoff best management practices (BMPs), by incorporating vegetated swales, bio-infiltration, bio-retention cells (rain gardens), porous materials, and other types of water quality measures, as approved by the Director. These areas may be required to exceed the minimum areas required by this Section in order to function properly.
6. Infiltration Areas. Parking lots shall be set back from property lines the distance required to meet the bufferyard standards set out in Division 4-10.3, Bufferyards or 10 feet, whichever is greater. Parking lots that are adjacent to street rights-of-way shall be set back as set out in Table [@@139], Bufferyard Requirements for Streets and Railroads. These parking lot setbacks contribute to the required minimum landscape surface areas set out in Table 2-6.1.1, Nonresidential and Mixed Use Lot and Building Standards. However, these setbacks may be reduced by 20 percent as an incentive for incorporating storm water runoff BMPs, such as those listed in E., above. Provided BMPs are integrated and approved, these reduced setbacks shall be approved without affecting the required minimum landscape surface calculations.

Effective on: 1/1/1901

1. Generally. Plant materials shall conform to American Standard for Nursery Stock (ANSI Z60.1-2004). Street trees shall be planted in the following circumstances:
   1.    Along both sides of all streets in the Commercial Re-use (CR), Campus (CA), Commercial General (CG), Central Business District (CBD), Activity Center (AC), Destination/Select Use (DS) districts,  Light Industrial (IL), and Heavy Industrial (IH) (except where the street is an existing street without room for the installation of street trees);
   2. Along both sides of new streets in other districts where there is sufficient right-of-way width to accommodate the street tree lawn; and
   3. Along existing rights-of-way where a street tree lawn is present and the entity responsible for the right-of-way authorizes the improvement.
2. Street Tree Requirements. Street trees shall be provided in street tree lawns or tree grates in sidewalks as follows:
   1. Along new streets that are created on a parcel proposed for development;
   2. In medians that are created on a parcel proposed for development;
   3. In medians that are constructed near a parcel proposed for development in order to manage the traffic impacts of the development, provided that the medians:
      1. Are of sufficient width to accommodate the root system;
      2. Are backfilled with planting soil or another materials approved by the Director, as detailed in Appendix C, Planting Details.
      3. Are maintained by the property owners' association of the development that provides the median; and
      4. The installation of street trees in the median would not be detrimental to public safety.

      4. Along existing rights-of-way where a street tree lawn is present and the entity responsible for the right-of-way authorizes the improvement.

C.  Planting Requirements.

1. Calculating the requirement: street tree requirements are as follows:

• Overhead utilities present - One small maturing tree (less than 35 feet in height at maturity) for every 30 linear feet of property abutting a street.
• All other conditions - One large maturing tree (greater than 35 feet in height at maturity) for every 40 linear feet of property abutting a street.

2. At least one canopy tree is required in landscaped islands that are in the center of cul-de-sacs;

3. Only approved species of trees shall be planted. A list of approved tree species is within Appendix C, Planting Details.

4. The minimum tree size shall be two and one-half (2½) inches in caliper upon planting;

5. Trees for an entire block shall be planted at one time;

6. Street trees shall be located in such a manner to minimize damage to streets, sidewalks, drainage installations, and utility installations;

7. Trees shall be planted in accordance with recognized horticultural guidelines, which shall have the following minimum soil volumes:

a. Canopy or evergreen tree: 1,000 cubic feet; or

b. Understory tree: 600 cubic feet.

8. Street trees shall bemaintained in a healthy manner through the first growing season following planting.

9. Before development approval and planting, the applicant shall provide a written guarantee for replacing street trees that are no longer in good health after the first growing season. A written guarantee provided by the developer /applicant shall provide for replacement of diseased or dead trees, and shall include escrow for 125 percent of the cost of replacement trees and installation. Escrow which remains after the first growing season and after inspection and acceptance will be refunded to the applicant.

D. Alternatives. In lieu of street trees, one of the following alternatives may be used to comply with the street tree requirements, provided they meet the standards of this Section. If the standards of this Section are not met or only partially met, street tree plantings necessary to meet the full requirements shall be planted. The acceptable alternatives are as follows:

1. Acceptable pre-existing trees fronting or within no more than 20 feet of proposed streets may be maintained in lieu of planting street trees. While such pre-existing trees are not required to meet all of the standards of newly planted street trees, the following minimum criteria apply:

a. The spacing and species of trees must be acceptable to the Director;

b. The number of pre-existing street trees shall equal or exceed the number of trees required by this Section; and

c. Trees must exhibit good health and must be adequately protected with barricades that are under the drip line of each tree during construction in accordance with recognized horticultural guidelines and as set out in Division 4-10.4, Tree Preservation, Credit, and Replacement. See Appendix C, Planting Details.

2. In residential subdivisions, pre-existing stands of trees (at least 2.5" in caliper) that are maintained on 75 percent of the lots or the area of the proposed development may be maintained in lieu of planting street trees.

3. Landscaping provided as part of site plan or subdivision design that meets the other development and bufferyard landscaping requirements (e.g., lots and buildings, open spaces, and parking lots) set out in this Article and which also meet the requirements of this Section may be used in lieu of planting street trees.

E. Guarantees and Timing. The applicant shall cause street trees to be provided as shown on approved plans.

1. If the required street trees are not present at the time of final plat recordation, the applicant must provide financial guarantees to ensure installation as outlined in Section 4-10.6.3, Deferred Installation and Surety; and

2. All required street trees shall be planted within two years of the final plat recordation.

Effective on: 1/15/2018

1. Generally. The bufferyards that are required by this Division are based on the amount of screening they provide. Bufferyards are classified from less screening (Type A) to more screening (Type E).
2. Bufferyard Types. There are five types of bufferyards, each of which vary in width and the numbers and types of plants required per 100 linear feet. The minimum planting requirements for each type and composition of bufferyard are set out in Table 4-10.3.1, Bufferyard Classifications, except that parking bufferyards are set out in Section 4-10.3.4, Bufferyards for Parking Lots and Vehicular Use Areas.

3. Reduction of Width. The width of a bufferyard may be reduced if the requirements of this Division results in an area of bufferyards that occupies more than 20 percent of the parcel proposed for development. In this circumstance, the bufferyard width may be reduced to a width that results in a maximum bufferyard area of no more than 20 percent of the development. (See also Infiltration Areas in Section 4-10.2.3, Parking Lot Landscaping.)
4. Minimum Width. No part of a required bufferyard shall be reduced to a width of less than three feet.
5. Bufferyard Locations. Bufferyards are required in two locations, as follows:
   1. Between districts and mixed uses; and
   2. Around parking and vehicular use areas.

Effective on: 1/15/2018

1. Generally. Set out in Table 4-10.3.2, District Bufferyard Standards, is the classification of bufferyard that is required between zoning districts that are not separated by a public street.
2. Interpretation of Table. The table is a matrix in which all districts are shown. Rows show the zoning of the parcel proposed for development, and columns show the zoning of the adjoining land. Two letters are shown for each condition. The bufferyard required for the proposed use is listed first. The letter listed second is the buffer that is required on the adjoining property. Where “-“is found there is no bufferyard required.

3. Existing Adjacent Development without Bufferyards. Where the adjoining property is already developed and does not have the required bufferyard, it is recommended that the proposed development shall provide a bufferyard of the next higher classification than the greater screening of the two bufferyards required (e.g., if the requirement is C / A, and the adjoining property is already developed and does not have a bufferyard, then the developer must install a Type D bufferyard).
4. Relationship to Other Bufferyard Requirements. Some Conditional or Permitted Special Exception Uses have different requirements for bufferyards, as specified in Division 1-2.8, Conditional and Permitted Special Exception Use Standards. If bufferyards are required by another section of this Unified Development Ordinance along property boundaries that are also district boundaries, then the greater bufferyard requirement shall supersede the lesser one (only one bufferyard is required).
5. Buffering Existing Residential Development. The City may require buffering of an existing residential lot development in the following circumstances:
   1. Bufferyards may be required upon major redevelopment or substantial improvement of an existing residential lot, building, structure, or development; and
   2. An increase in the level of screening of a bufferyard (e.g., from Type A to Type B) between new residential development and existing residential development may be required if:
      1. The lot widths of the new development are less than 80 percent of the lot widths of the nearest lots of the existing development;
      2. The building height of the new development is more than eight feet taller than the building height of the existing development; or
      3. The housing types that are located on the lots that abut existing development are different from the housing types of the existing development (e.g., new townhome lots abutting existing single family detached lots).

Effective on: 1/1/1901

1. Generally. Existing trees, fences, and walls may be counted towards the bufferyard requirements, provided they are in good health and the fences or walls are in good repair.
2. Existing Landscaping Credit. Credit shall be given for existing trees according to the standards of Section 4-10.4.1, Preservation of Significant Stands and Protected Trees.
3. Existing Fences and Walls. If a fence or wall is required and there is already a fence or wall on the property line, then the City may waive the fence or wall requirement, provided:
   1. The Director, or an appointee, verifies that the existing fence or wall is sturdy and in good condition;
   2. The height, opacity, and extent of the fence or wall meets the intent of this Article with regard to buffering;
   3. The applicant records an agreement with the City that includes appropriate assurances that if the fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will have it repaired or replaced with a fence or wall that meets the standards of this Article; and
   4. The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by Subsection C.3., above.

Effective on: 1/1/1901

1. Requirements. Vehicular use areas, including parking lots, drive-through lanes, drive-in lanes, stacking areas, and common driveways in multi-use and mixed use developments shall be buffered as set out in this Section. Their purpose is to mitigate the impact of headlights on streets and abutting residential property, and to reduce the aesthetic impact of parked cars on the character of the street.
2. Relationship to Other Bufferyard Requirements. If a bufferyard is required by this Unified Development Ordinance in a location that would serve the purpose of this Section, then the requirements of this Section may be counted towards the requirements of the other bufferyard, and the bufferyards may overlap. This Section does not allow for a reduction in the width or density of other bufferyards.
3. Where Required. Bufferyards are required around the perimeter of parking lots when adjacent to the following:
   1. Public street rights-of-way
   2. Private street or access easements;
   3. Ingress and egress ways; and
   4. Parking lots of abutting land uses.
4. Composition. Parking lot bufferyards shall be composed of any of the following, set in a bufferyard area that is at least three feet wide:
   1. A three-foot high masonry wall, measured from the surface of the parking lot in the area that is closest to the wall; and/or
   2. Shrubs planted to form a continuous buffer that is at least three feet in height if the plants form a hedge with comparable opacity from the ground to three feet in height.
      1. Three feet from the edge of pavement if there are no curbs or wheel stops; or
      2. Three feet from the face of the curb or parking bumper that faces the parking space. See Figure 4-10.3.4, Illustrative Composition of Parking Lot Bufferyard.

Figure 4-10.3.4 Illustrative Composition of Parking Lot Bufferyard

Effective on: 1/15/2018

1. General. Reduced bufferyard widths are permitted on sites that are constrained, in that compliance with all bufferyard requirements would result in more than 15 percent of the site being used for bufferyards.
2. Reduction of Width Permitted. Bufferyard widths may be reduced during development approval so that no more than 15 percent of the site is used for bufferyards. Bufferyards shall be reduced in the following order of priority:
   1. Class B bufferyards may be reduced  to five feet in width, provided that a six foot high opaque wall is provided with a three foot high hedge (at planting)installed along its outer face, and understory trees are planted (on either side of the wall) along the bufferyard, regularly spaced 10 feet on-center. Notwithstanding the permitted reduction, understory trees shall be planted so that they have a four-foot radius of permeable soil at their base.
   2. Class C, D, and E bufferyards may be reduced by up to 25 percent in width, provided that they include all of the plantings that are required of the respective bufferyard.
3. Variance. All other reductions in bufferyard width shall require a variance.

Effective on: 1/15/2018

1. Generally. Tree preservation can provide environmental and aesthetic benefits to the community and is thus, preferred to that of tree replacement. Through tree preservation and protection, it is possible to attain credits toward the landscaping requirements, as set out in Section 4-10.4.2, Credit for Existing Trees. To attain these credits, development shall be designed, where practical and feasible,  so that significant stands of trees and single protected trees, when preserved, are preserved and located in designated open spaces or landscape surface areas. For the purposes of this requirement, a "significant stand" is a stand of trees with interconnected canopies that cover an area of at least 5,000 square feet. The preservation of trees shall be executed by a declaration of restrictions and covenants, in a form and of content to the satisfaction of the City Attorney, as set out in Division 4-14.3, Covenants, Conditions, and Restrictions.
2. Protected Trees. A “protected tree” includes those listed in Table 4-10.4.1, Protected Trees. Pursuant to the allowable credit for the preservation and protection of existing trees, protected trees shall not be removed from any multi-family, nonresidential, mixed use, or public or institutional property unless the Director has issued an individual tree removal permit.

Effective on: 1/1/1901

1. Generally. To be eligible for credits where there is significant existing vegetation on a site, the Director, or an appointee, may require a tree survey. Existing healthy trees shall not be removed from any multi-family, nonresidential, mixed use, or public or institutional property unless the Director determines that no other option is available. Existing trees qualify for credit against the requirements of this Article.
2. Tree Survey. A tree survey (including caliper size, type, and location of trees) performed by a certified arborist or registered landscape architect, is required for parcels proposed for development when:
   1. The applicant seeks credit for existing trees pursuant to Section 4-10.4.2, Credit for Existing Trees.
3. Quality of Existing Trees. Existing trees that are protected according to Table 4-10.4.1, Protected Trees and eligible as set out in Subsection D., below, count towards the planting requirements of this Article.
4. Eligibility. Existing trees are eligible for credit if:
   1. They are healthy and in good structural condition;
   2. They are not on the prohibited plants list; and
   3. Except with respect to street trees (which are regulated by Section 4-10.2.4, Street Trees), they are located within:
      1. 15 feet of the area where the credit will be applied; or
      2. Situated such that they will contribute to the purpose of the landscape area to which it is credited.
5. Application of Tree Preservation Credit. The tree preservation credit is applied towards the requirements for the area in which the tree is planted. If there are no requirements for that area, the credit applies in the following order of descending priority:
   1. Lot and building requirements;
   2. Parking lot and vehicular use area requirements;
   3. Street tree requirements, provided that the tree is located within the street bufferyard set out in Table [@@139], Bufferyard Requirements for Streets and Railroads; and
   4. Bufferyard requirements, provided that the tree is located between the bufferyard to which the credit applies and the building or use that is being buffered.
6. Credit for Preservation of Trees. It is the policy of the City to promote the preservation of its healthy mature tree canopy. Healthy, mature trees that are preserved on-site shall count as more than one tree for the purposes of landscaping requirements, as set out in Table 4-10.4.2, Credit for Preservation of Trees.
7. Calculation of Other Landscaping Credit. Existing healthy non-canopy trees and shrubs shall be credited against planting requirements on a one to one basis in the same category of plant material.

Effective on: 1/1/1901

In certain cases, by reason of the size of the site, location of significant stands of trees or protected trees, or the placement of the building on a site, tree preservation will not be feasible. In these cases, the following standards apply.

1. Replacement of Removed Trees. Trees that must be removed to accommodate development shall be replaced with new trees equal to the credit applied in Table 4-10.4.2, Credit for Preservation of Trees.
2. Change of Species. Any tree that is required by a development approval and subsequently proposed to change shall be replaced with a tree that has a comparable canopy at maturity, except that change is optional if a new landscape plan is approved.

Effective on: 1/1/1901

1. Generally. As living organisms, trees have much different requirements than other infrastructure improvements. As such, trees are sensitive to construction activities, which may cause tree death during the project or may initiate tree-decline that may not be apparent for a period of time after construction. The best method for protecting trees during construction is by physically separating them from all construction activities. Existing trees that are approved for credit shall be protected during construction as follows:
   1. Parking areas and building sites shall be located to preserve existing trees.
   2. The larger of the drip-line or critical root zone of all protected trees shall be secured during construction to prevent damage to the trees and their roots by construction equipment.
   3. The construction tree guard shall be not less than four feet high and eight feet square, or at a distance in feet from the tree trunk equal to the diameter at breast height (DBH) in inches, whichever is greater. All building material, dirt, or other debris shall be kept outside the construction tree guard. Refer to Appendix C, Planting Details
   4. No person shall change natural drainage, excavate any ditches, tunnels, trenches, or lay any drive within a radius of 10 feet from the trunk of any protected tree without first obtaining written permission from the Director.

Effective on: 1/1/1901

1. Generally.
   1. Compliance with the standards of this Article shall be demonstrated by a schematic landscape plan and a landscape installation and maintenance specifications. Collectively, these documents shall be referred to as the "landscape plan."
   2. Landscape plans for nonresidential, mixed-use, and multi-family development shall be prepared by a registered landscape architect who is licensed to practice in the State of South Carolina or as a landscape professional.
2. Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Section. The Director may waive elements of the landscape plan if it is found that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Director is authorized to require additional information on the landscape plan as needed to administer the requirements of this UDC. The schematic landscape plan shall include all of the following information:
   1. Plan Drawing. The landscape plan drawing shall include all of the following information:
      1. A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Director), which shall indicate:
         1. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
         2. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (3/4) of mature size and annotated with genus, species, common name, on center (o.c.) spacing, drought tolerance, and size at planting;
         3. The location, quality, size (DBH), and protected root zone of trees that are to be preserved on the site;
         4. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
         5. Existing and proposed topography of the site, shown at one-foot contours;
         6. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, public art, and recreational facilities, as applicable (Staff may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
         7. General layout and specifications of irrigation systems;
         8. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
         9. Location and dimensions of maintenance easements for drainage facilities;
         10. Location of existing and proposed overhead and underground utilities;
         11. Location and base flood elevation of floodplains;
         12. Dimensions and slopes of storm water detention areas;
         13. Special landscape features for storm water detention and treatment, such as green roofs, rain gardens, or bioswales;
         14. Dimensions and locations of sight distance triangles; and
         15. Location, genus, species, and spacing of street trees.
         16. Any credits that are requested for preserving existing trees pursuant to Section 4-10.3.3, Existing Trees, Fences, and Walls on Development Property or Section 4-10.4.2, Credit for Existing Trees.
      2. Information regarding specific design techniques that will be used to prevent water infiltration or damage at the street section may be required by the Director if it is found that there is good cause to believe that such damage could occur.
3. Landscape Installation and Maintenance Specifications. A landscape installation and maintenance specifications shall identify the proposed plant installation methods and both short and long-term landscape maintenance programs for all landscaped areas except landscaping of private lots (unless a property owners' association is to maintain the landscaping on private lots). The maintenance specifications shall provide a detailed explanation of the work to be done, the reason it is needed, the frequency of the work, and the estimated annual cost of the work. This is intended to be a guide to the property owners' association on the needed maintenance, and an aid to budgeting and contracting. It also informs the developer of work that needs to be accomplished prior to turning the project over to the property owners' association, and ensures continuing compliance with the City's landscape and open space standards.
4. Approval and Timing of Approval.
   1. Plans meeting the standards of this Code shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
   2. Landscape plans containing street trees and open spaces shall be submitted for approval at the development plat application stage.
   3. Landscape plans containing site features, bufferyards and required landscaping shall be submitted for approval at the zoning compliance stage.

Effective on: 1/1/1901

1. Generally. Plant material that is used to demonstrate compliance with this Article shall be selected as provided in this Section.
2. Approved Plant List. A list of approved plants is set out in Appendix B, Plant Lists. The list separates plants into canopy trees, understory trees, evergreen trees, and shrubs. The Director is delegated the authority to modify the approved plant list according to the following criteria:
   1. Plants may be added to the list if the Director finds a preponderance of credible evidence that the species:
      1. Has not been listed as an invasive or noxious weed;
      2. Is appropriate for the planting environment;
      3. Is native to the region; and
      4. Has one or more of the following characteristics:
         1. Drought-tolerance (low or medium water consumption);
         2. Produces a food crop; or
         3. Provides habitat for native wildlife or migratory birds.
   2. Plants may be annotated as limited to locations that are more than 10 feet from street rights-of-way if the Director finds that the trees are already present in such numbers along City rights-of-way that further installation of the species would likely violate Subsection D.3., below.
   3. Plants may be removed from the list if the species is on any of the lists identified in Subsection B.1.a., above.
3. Prohibited Plant List. A list of prohibited plants is set out in Appendix B, Plant Lists. The Director is delegated the authority to add species to the prohibited plant list to make it consistent with the lists identified in Subsection B.1.a., above.
4. Required Biodiversity. Diversity of the genera and species of trees and shrubs is required in order to prevent monocultures which could result in large-scale losses in the event of disease or blight. Therefore:
   1. Within each category of required landscaping (i.e., large trees, small trees, and shrubs):
      1. Not more than 40 percent shall be of any one genera; and
      2. Not more than 20 percent shall be of any one species.
   2. Each street block shall have at least three genera of street trees. For the purpose of this paragraph only, street trees shall include all trees that are planted within 10 feet of the public street right-of-way.
   3. Not more than 40 percent of the street trees in the City shall be of the same genus.
   4. The Director may approve alterations to the requirements of this subsection if circumstances require.
5. Minimum Size of Plants at Installation. Plant material shall be installed as set out in Table 4-10.6.2, Minimum Size of Plants at Installation.

6. Quality of New Plantings.
   1. All landscape material shall be in compliance with the standards of the American Nursery & Landscape Association’s American Standard for Nursery Stock ANSI Z60.1-2004.
   2. Single trunk species with co-dominant trunks (multiple trunks of equal size) shall not be used. Single trunk trees shall have one trunk to the top, and all branches shall be less than half of the diameter of the adjacent trunk.
   3. All plant material shall have a habit of growth that is normal for the species and shall be of sound health, vigorous growth, and free from insect pests, diseases and injuries.

Effective on: 1/1/1901

1. Surety Required. The applicant shall submit the bid for the landscape plan for review by the City. A bond, landscape contractor guarantee, or other acceptable surety equal to 125 percent of the cost of implementing the landscape plan shall be provided to ensure proper installation and maintenance of the landscaping for a period of two years from the date of installation.
2. Replacement Required. The applicant shall warrant all landscaping materials for a period of two years after installation. All plant materials that die within two years from the date of installation shall be replaced by the applicant. If the applicant fails to replace the plant materials, the City may use the performance guarantee to replace dead materials. For all required landscaping on individual residential lots, the developer shall convey a two-year warranty to the purchaser at the time of closing.
3. Return or Release of Surety. The City shall return or release the surety after the two year period is expired upon request of the applicant and demonstration that the landscaping that is protected by the guarantee is established and in good condition.

Effective on: 1/1/1901

The purposes of this Division are to:

1. Outdoor Lighting. Allow for the reasonable use of outdoor lighting;
2. Minimize Impacts. Minimize adverse off-site impacts, including light trespass and glare;
3. Security. Improve both security and views of the night sky.

Effective on: 1/1/1901

1. Generally. The maximum permitted illumination and the maximum permitted luminaire height shall conform to the standards of this Section.
2. Fixture Type.
   1. Generally, light fixtures shall be "cut-off" fixtures that limit lighting that is visible or measurable at the property line.
   2. "No cut-off" fixtures may be used only for decorative purposes, provided:
      1. They have luminaires that produce no more than 1,500 lumens (approximately equal to a 100W incandescent bulb);
      2. They have a maximum height of 15 feet;
      3. They use energy-efficient bulbs, such as compact fluorescent (CF).
3. Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 25 feet in height.
4. Maximum Illumination.
   1. Outdoor lighting shall be deflected, shaded, and focused away from adjacent properties and shall not be a nuisance to such adjacent properties.
   2. Outdoor lighting shall be designed so that any overspill of light onto adjacent properties shall not exceed three-tenths foot-candle over ambient light conditions, measured vertically and horizontally, respectively, on adjacent properties.
5. Canopy Lighting. Canopy lighting for uses that have sheltered outside work or service areas, such as gas stations, shall meet the standards of this Section. All luminaires shall be recessed into the canopy so that they cannot be viewed off-site from an eye height of four feet (to protect automobile drivers from glare).
6. Outside Wall-Mounted Lighting. Outside wall-mounted lighting shall also comply with the standards of this Section except that lighting that is required by the Federal Aviation Administration (FAA) shall comply with Federal standards.
7. Lighting in the Airport Environs. See Section 4-13.5.8, Lighting Restrictions.

Effective on: 1/1/1901

1. Generally. Ball diamonds, playing fields, driving ranges, tennis courts, and similar amusement or recreation uses have unique requirements for nighttime visibility and, generally, have limited hours of operation. The standards of this Section, and not Section 4-11.1.2, Nonresidential Lighting Standards, apply to outdoor recreation uses.
2. Fixture Type. Light fixtures for illumination of playing courts and athletic fields shall be "cut-off" fixtures that limit lighting that is visible or measurable at the property line.
3. Maximum Freestanding Fixture Height. No freestanding light fixture shall be greater than 80 feet in height.
4. Maximum Illumination.
   1. Field and court lighting shall be deflected, shaded, and focused away from adjacent properties and shall not be a nuisance to such adjacent properties.
   2. Field and court lighting shall be designed so that any overspill of light onto adjacent properties shall not exceed one-half foot-candle, measured vertically and horizontally, respectively, on adjacent properties.
   3. A landscaped bufferyard may be used to block light spillover onto adjacent property. The Director may require more opaque bufferyards than those in Division 4-10.3, Bufferyards, to achieve this objective.

Effective on: 1/1/1901

1. Generally. The City may require the modification or removal or limited operation of existing or new lighting fixtures found to be a public hazard or public nuisance according to the criteria of this Section.
2. Hazards. Criteria for finding illumination to be a public hazard are as follows:
   1. Light trespass or glare which is sufficiently intense or contrasts excessively with surrounding illumination, regardless of the intensity of the surrounding illumination, in a manner to cause impairment of visual performance or to distract from or impair the safe operation of a vehicle.
   2. Light trespass or glare that impairs a person's visual performance or ability to avoid obstacles in their path.
3. Nuisance. Criteria for finding illumination to be a public nuisance are as follows:
   1. Light trespass or glare that deprives an owner or occupant of usual and reasonable use and enjoyment of their property.
   2. A high frequency and/or duration of periods when light trespass or glare is sufficient to interrupt or interfere with usual and reasonable use and enjoyment of a property.
   3. Light trespass or glare that causes visual discomfort or impairment of visual performance in a manner that deprives any person from the usual and reasonable enjoyment of the public streets and properties of the City.

Effective on: 1/1/1901

1. Glare from Use. Glare from any process (such as or similar to arc welding or acetylene torch cutting) which emits harmful ultraviolet rays shall be performed in such a manner as not to be seen from any point beyond the property line, or from any point that would create a hazard for other occupants of visitors to the property on which the activity is taking place.
2. Glare from Buildings and Structures. Buildings and structures shall be designed and oriented to avoid glare that materially interferes with the safe operation of streets.

Effective on: 1/1/1901

Outdoor lighting on single-family and duplex lots shall be designed so that:

1. Fixtures are shielded so that the light source is not visible from abutting properties; and that the light cast on abutting properties does not exceed one-tenth footcandle on the ground at the property line or on any window plane; and
2. Motion sensor security lighting shall be pointed away from windows on abutting properties.

Effective on: 1/1/1901

1. Generally. Section 10-9, Noise - Prohibited and Section 10-10, Same- Enumeration of Chapter 10, Health and Sanitation of the Code of Ordinances sets out the general provisions and prohibitions of noise within the City. The standards of this Section are applicable to the zoning districts and their permitted, conditional, and permitted special exception uses, as established by this Unified Development Ordinance.
2. Maximum Noise Level. No use shall exceed the noise level indicated in Table 4-11.2.1A, Maximum Noise Levels, measured at any property line. dbA = decibel A weighting

3. Illustrative Noise Levels. For illustrative purposes only, Table 4-11.2.1B, Illustrative Noise Levels, shows how the limitations relate to common noises.

4. Sound Levels by Recreational Motorized Vehicles. No person shall operate or cause to operate any recreational motorized vehicle on a public right-of-way or on private property in a manner that the emitted sound level exceeds 40 dbA at or across the boundary of any private property receiving the noise. This Section shall apply to all recreational motorized vehicles, whether or not fully licensed and registered including, but not limited to, commercial or noncommercial racing vehicles, motorcycles, go-carts, and mini-bikes.
5. Noise Sensitive School Zones. It shall be unlawful for any person to create any noise which exceeds the sound level of 50 dbA as measured within 20 feet from the exterior wall of a public or private school between the hours of 7:00 a.m. and 4:00 p.m. on weekdays when school is in session.
6. Most Restrictive Standards Apply. Where different uses or zoning districts adjoin a subject property, the most restrictive noise level standard shall apply. The standard must be met not only on the subject and abutting properties, but also where a district boundary is not also a property boundary.
7. Barriers and Structures. Barriers or structures may be used to meet noise reduction. If used to meet the standards of this Section, the plans for a barrier or structure shall be certified as meeting the standards pursuant to the Federal Highway Administration’s Highway Traffic Noise Prediction Model (FHWA-RD-108), as amended).
8. Exceptions. The following are excepted from the standards of this Section:
   1. Noises emanating from construction activities between the hours of 7:00 AM and 7:00 PM that are temporary in nature.
   2. Noise emanating from a site that is occasional and/or temporary in nature, such as lawn and landscaping maintenance, and loading and unloading, that takes place between the hours of 7:00 AM and 7:00 PM.
   3. Agricultural equipment and operations in the AR District.
   4. Emergency warning devices and equipment operated in conjunction with emergency situations, including the routine testing of such warning devices during daytime hours.
   5. Downtown events and other events that are pre-approved by the Director or otherwise properly permitted.

Effective on: 1/1/1901

1. Generally. No land use shall produce a perceptible vibration at the property line.
2. Exceptions. This Subsection does not apply to:
   1. Those emanating from temporary construction activities between the hours of 7:00 AM and 7:00 PM that are temporary in nature;
   2. Agricultural equipment and/or operations;
   3. Vehicles on public streets; or
   4. Trains.

Effective on: 1/1/1901

1. Generally. For at-grade intersections to operate properly, adequate sight distance must be available. A sufficient sight distance must be provided for a driver to perceive potential conflicts and to perform the actions needed to negotiate the intersection safely. In general, a sight distance triangle refers to the corner sight distance available in intersection quadrants that allows a driver approaching an intersection to observe the actions of vehicles on the intersecting street(s). Sight distance standards are for the purpose of establishing the needed sight distance triangle in each quadrant by determining the appropriate dimensions of the triangle on the two intersecting street right-of-way lines (or a right-of-way line and the curb or edge of a driveway).
2. Requirements for State-Maintained Roads. For at-grade intersections with roads that are state-maintained, the required standards shall be in accordance with the South Carolina Department of Transportation (SCDOT) Access and Roadside Management Standards (ARMS Manual), latest edition.
3. Requirements for Local Streets. For at-grade intersections of streets that are not state-maintained, the standards are as follows:
   1. No planting shall be placed and no fence, wall, building, or other structure shall be constructed that may obstruct the view:
      1. Between the elevations of two and one-half feet and eight feet above the average street grade; and
      2. Within the triangular area bounded on two sides by the street right-of-way lines (or a right-of-way line and the curb or edge of a driveway), and on the third side by a straight line connecting points on the two street right-of-way or driveway lines, as set out in Figure 4-11.3.1, Sight Distance Requirements, Driveways and Intersecting Streets.

Figure 4-11.3.1 Sight Distance Requirements, Driveways and Intersecting Streets
Sight Distance Requirements for Driveways (only one side shown, both sides shall be clear)
Sight Distance Requirements for Intersecting Streets.

1. 2. The minimum dimensions set out in Table 4-11.3.1, Sight Distance Triangle Dimensions shall be provided along each functionally classified street and/or driveway. Distance A refers to the street of lower functional classification and Distance B refers to the street of higher functional classification. The ascending order of functional classification is as follows: driveway, local street, collector street, and arterial (minor or principal) street.

3. The distances are measured as follows:
   1. From the point of intersection or the extension of street lot lines away from the intersection along the street lot lines; or
   2. From the intersection of the street-ward projection of the driveway line and the curb or edge of the street pavement, along the driveway line in the direction of the lot interior and along the curb or edge of the street pavement away from the driveway line.

4. Exceptions.
   1. Shade trees are permitted to overhang the specified triangles, provided that all branches are not less than eight feet above the average street grade.
   2. Trees that existed within a required sight distance triangle as of the effective date of this Unified Development Ordinance shall be pruned to clear the area between two and one-half feet and eight feet above the average ground level.
   3. Poles and support structures with a diameter of less than 12 inches are permitted provided that they are not located within the public right-of-way or within 50 feet of the centerlines of intersecting streets.
   4. No portion of a fence or wall exceeding two and one-half feet in height above the average grade shall exceed 25 percent opacity when located in a required yard that either:
      1. Has vehicular access to a street; or
      2. Abuts such access.
5. Exemptions. Where their placement within a sight distance triangle is required, certain objects shall be exempted from the restrictions of this Section. These objects include:
   1. Traffic control features such as poles, signs, and signals;
   2. Fire hydrants; and
   3. Utility structures.

Effective on: 1/1/1901

The purpose of this Article is to encourage the promotion, protection, and improvement of the general health, safety, and welfare of the people and to encourage the conservation of natural resources within the City. These regulations are enacted for the following purposes:

1. To minimize the erosion of soils;
2. Reduce the sedimentation of streams;
3. Regulate stormwater runoff from developing areas;
4. Reduce the damage potential of flood water;
5. Protect properties near land disturbing activities;
6. Minimize the clogging of ditches;
7. Reduce the silting of water bodies;
8. Strive to provide unobstructed and sanitary channels for stormwater runoff;
9. Reduce flooding caused by the encroachment of buildings or other structures on natural waterways and drainage channels;
10. Minimize the pollution of surface and ground waters; and
11. Promote groundwater recharge.

Effective on: 1/1/1901

1. Authority and Jurisdiction
   1. Authority. The regulations of this Article are adopted under the authority and powers granted by the General Assembly of South Carolina in Chapter 14, Title 48, Code of Laws of South Carolina, 1976, and by other powers.
   2. Jurisdiction. The sediment and erosion control regulations contained in this Article apply to all lands within the City, as well as those incorporated and unincorporated areas of Florence County which, by approval of the Department of Health and Environmental Control (DHEC) and by written agreement executed with the City, contract to have these provisions administered within their respective jurisdiction(s).
   3. Compliance with Regulatory Requirements. As a regulated by the Municipal Separate Storm Sewer System (MS4), within its jurisdictional boundaries, the City must ensure compliance with the most up-to-date regulatory requirements associated with the South Carolina Pollution Control Act (S.C. Code Sections 48-1-10 et seq., 1976) and with the provisions of the Clean Water Act (33 U.S.C. §1251 et. seq.), hereafter referred to as “CWA” or “the Act”, as amended by the Water Quality Act of 1987 (P.L. 100-4), and all applicable subsequent regulations governing stormwater and pollution control within the City.
2. Requirements.
   1. Permit Required. The surface of land in the City shall not be disturbed or altered for any purpose whatsoever, except in accordance with this Article and other applicable regulations of the City. The subdivider/developer shall be required to obtain l a permit for land disturbance prior to any construction, grading, or land disturbance of any nature. Prior to any construction, grading, or land disturbance of any nature, the subdivider/developer shall also be required to obtain coverage from DHEC under the National Pollutant Discharge Elimination System (NPDES) general permit (permit) for stormwater discharges from construction activities and the NPDES general permit for stormwater discharges from regulated small municipal separate storm sewer systems (SMS4) , as outlined in this Article and set out in Appendix C, NPDES Requirements. Where DHEC permit requirements conflict with the City’s design guidelines and this Article, the most restrictive requirement shall apply.
   2. Application. The person responsible for the land disturbing activity shall apply, in writing, to the Engineering Division. Upon approval, the applicant will be issued f an NPDES permit for construction activities, as set out in this Article. (See Section 6-21.3.1, Submittal Requirements, Subsection D, Environmental Permits)
   3. Modifications. Where the subdivider/developer or engineer requests modifications or exceptions to this Article, the modification request shall be provided in writing to the Engineering Division of the City of Florence with appropriate calculations and justification for alterations to the requirements of this Article.
3. Exemptions. The provisions requiring the preparation and approval of a stormwater pollution prevention permit (SWPPP) shall not apply to the following:
   1. Land disturbing activities on agricultural land for the production of plants and animals useful to man, including, but not limited to: forages and sod crops, grains and feed crops, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, including the breeding and grazing of these animals; bees; fur animals and aquaculture; except that the construction of an agricultural structure or structures which, singularly or collectively, total one acre or more, such as broiler houses, machine sheds, repair shops and other major buildings and which require the issuance of a building permit shall require the submittal and approval of a stormwater management and sediment control plan prior to the start of the land disturbing activity.
   2. Land disturbing activities undertaken on forest land for the production and harvesting of timber and timber products provided these activities are in compliance with South Carolina Code Section 48-23-205.
   3. Activities undertaken by persons who are otherwise regulated by the provisions of South Carolina Code, Title 48, Chapter 20, South Carolina Mining Act.
   4. Construction or improvement of single-family residences or their separately-built accessory buildings disturbing an area less than one acre, which is not part of multiple construction in a subdivision development and which does not drain to an impaired waterway with an approved Total Maximum Daily Load (TMDL) requirement.
   5. Land disturbing activities that are conducted under another state or federal environmental permitting, licensing, or certification program where the state or federal environmental permit, license, or certification is conditioned on compliance with the minimum standards and criteria developed under South Carolina Code, Title 48, Chapter 18, Erosion and Sediment Reduction Act.
   6. Any land disturbing activities undertaken by any person who provides gas, electrification, or communications services, subject to the jurisdiction of the South Carolina Public Service Commission, or corporations organized and operating pursuant to Section 33-49-10 et seq.
   7. Activities relating to the routine maintenance and/or repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company.
   8. Activities undertaken on state-owned or managed lands that are otherwise regulated by the provisions of South Carolina Code, Title 48, Chapter 18, Erosion and Sediment Reduction Act.
   9. Activities undertaken by local governments or special purpose or public service districts relating to the repair and maintenance of existing facilities and structures.
   10. Where the exemptions listed above apply, the City encourages those persons engaged in the land disturbing activities to carry out such activities in a manner to achieve the objectives of erosion and sediment reduction and stormwater management through the use of applicable best management practices (BMPs), as set out in Section 4-12.4.3, Construction BMP Design Standards and Section 4-12.4.5, Post-Construction BMP Design Standards.
4. Waivers. Waivers may be granted from the stormwater management requirements of these regulations for individual land disturbing activities provided that a written request is submitted by the applicant containing descriptions, drawings, and any other information that is necessary to evaluate the proposed land disturbing activity. A separate written waiver request is required if there are subsequent additions, extensions, or modifications which would alter the approved stormwater runoff characteristics to a land disturbing activity receiving a waiver.
   1. A project may be eligible for a waiver of stormwater management, for both quantitative and qualitative control, if the applicant can demonstrate that there will be no adverse impact and that the proposed project will return the disturbed area to a pre-development runoff condition and the pre-development land use is unchanged at the conclusion of the project.
   2. A project may be eligible for a waiver of stormwater management for water quantity control if the applicant can demonstrate that:
      1. The proposed project will have no adverse impact on the receiving natural waterway or downstream properties; or
      2. The imposition of peak control requirements for rates of stormwater runoff would aggravate downstream flooding.
   3. A project may be eligible for a waiver from the stormwater management requirements if the land disturbing activities are associated with gas or electric services provided these activities have been permitted through DHEC.
   4. The City will conduct its review of the request for waiver within 10 working days, after which time it will be approved or disapproved by the City.
5. Operator Requirements. Construction site operators must complete, and submit to the City, the appropriate NOI form, as set out in Subsection J., below, to receive coverage under the NPDES General Permit for stormwater discharges from construction activities as regulated by DHEC. “Operator” means any person associated with a construction project who meets one of the following two criteria:
   1. The person has operational control over construction plans, SWPPPs, and specifications, including the ability to request modifications to those plans, SWPPPs, and specifications by a qualified individual set out in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification. This person is typically the owner or developer of the project or a portion of the project (subsequent builders), and is considered the Primary Permittee; or
   2. The person has day-to-day operational control of those activities at a construction site, which are necessary to ensure compliance with a SWPPP for the construction site or other Permit conditions. This person is often referred to as the Operator of Day-to-Day Site Activities (ODSA) and is typically a contractor or a residential builder who is hired by the Primary Permittee. This person is considered a Secondary Permittee for a residential development.
6. Operator Categories
   1. Primary Permittee.
      1. An owner, developer(s), or operator of a project is a Primary Permittee. This person may include, but is not limited to, a developer, landowner, realtor, builder, utility provider, or public or private entity. The Primary Permittee’s responsibility to comply with requirements of the permit extends until coverage is terminated in accordance with the requirements of Division 4-12.8, Termination of Coverage. The Primary Permittee must submit a complete and accurate NOI, as set out in Subsection J., below. The Primary Permittee may rely on, or require, Secondary Permittees and/or contractors to assist with project activities necessary to ensure compliance with the permit and implementation of the On-Site - Storm Water Pollution Prevention Plan(OS-SWPPP).
      2. The Primary Permittee on any construction site subject to the permit is responsible for preparation of the site-specific Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP), as described in Division 4-12.2, Stormwater Pollution Prevention Plans (SWPPPs).
      3. The Primary Permittee on any construction site shall either enforce compliance with the approved, site specific OS-SWPPP or report activities, which are not in compliance with the OS-SWPPP, to the City when a Secondary Permittee fails to implement the appropriate BMPs or other measures as outlined by the OS-SWPPP or alternate permit conditions.
   2. Secondary Permittees.
      1. A Secondary Permittee is an individual lot owner or residential builder that conducts land disturbing activity at a construction site that is limited to an individual lot or a group of lots that are part of a Larger Common Plan (LCP) previously approved by the City.
      2. Residential Subdivisions, Individual and/or Multiple Lots:
         1. Individual lots or a collection of individual lots within a residential subdivision that are part of a Larger Common Plan (LCP) are regulated regardless of lot size or ownership. If the Primary Permittee obtains coverage under the permit for the development and then sells lots within the development, then coverage under the permit may either continue with the Primary Permittee or the Primary Permittee may require that the new lot owner (or new lot owner may choose to) obtain their own coverage under the permit as a Secondary Permittee. The Primary Permittee must inform the new owner of the Individual Lot Notice of Intent (IL-NOI) requirements and make the OS-SWPPP (see Section 4-12.2.1H) and a copy of the Construction General Permit (CGP) available to the new owner who would be seeking individual lot(s) coverage under the permit. When a Secondary Permittee elects not to follow the drainage provisions in the Primary Permittee’s approved OS-SWPPP, the City may require the Secondary Permittee to request coverage under the permit as a Primary Permittee.
         2. Each individual lot owner or residential builder obtaining their own coverage under the permit will be issued a new National Pollutant Discharge Elimination System (NPDES) permit coverage number and assigned a state file number linked to the LCP by DHEC.
         3. For projects covered under the 2006 CGP and where an individual lot owner or residential builder has signed a Co-Permittee Agreement, those individual lot owners or residential builders may continue to work under that agreement as a Co-Permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.
      3. Lot owners obtaining their own coverage under the permit shall:
         1. Complete and submit to the Engineering Division of the City of Florence an IL-NOI meeting the requirements set forth in Subsection J., below, at least seven business days prior to the commencement of construction activities at the site by the Secondary Permittee.
         2. Indicate on the NOI that the new lot owner will follow the approved OS-SWPPP and individual lot controls developed for the LCP or develop a sediment and erosion control plan meeting the requirements set forth for a Comprehensive SWPPP in Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs (C-SWPPPs).
         3. Individual lot owners and residential builders with multiple lots within a Larger Common Plan (LCP) may submit only one Individual Lot Notice of Intent (IL-NOI) for coverage under the permit.
      4. Contractors employed by the Primary or Secondary Permittee, whose work at a construction site may disturb soils or whose work may otherwise be necessary to implement the approved OS-SWPPP must complete a project specific Contractor Certification Form (CCF) meeting the requirements set forth in Subsection J., below. Each contractor must also attend and document attendance at a pre-construction conference as defined in Section 4-12.4.1, Pre-Construction Conference. This form is to be submitted to the Primary Permittee or Secondary Permittee prior to commencement of construction activities and is to be retained with the approved OS-SWPPP at the site. Contractors are responsible for ensuring that their activity is in compliance with the approved OS-SWPPP and other permit conditions.
      5. Utility providers and utility contractors that are responsible, either directly or indirectly, for the construction, installation, and maintenance of conduits, pipes, pipelines, cables, wires, trenches, vaults, manholes, and similar structures or devices for the conveyance of natural gas (or other types of gas), liquid petroleum products, electricity, telecommunications (telephone, data, television, etc.), water, or sewage are required to complete a CCF or as an alternative, may submit an Annual Blanket Notice of Intent (AB-NOI) to DHEC. Utility operators shall submit their AB-NOI approved by SCDHEC to the City prior to the commencement of site activities.
7. Previously Permitted Projects. For projects covered under the 2006 CGP and where a contractor has signed a Co-Permittee Agreement as required by that permit, those contractors may continue to work under that agreement as a co-Permittee as long as that project’s coverage remains active and under the control of the Permittee to whom coverage was originally granted.
8. Pre-Construction Conference. All contractors and builders, including blanket utility providers or utility contractors, employed by a Primary or Secondary Permittee to work at a construction site with an approved OS-SWPPP must attend and document attendance at a pre-construction conference for each specific project or construction site prior to performing construction activities at that site. This documentation must be retained with the OS - SWPPP.
9. Lending or Other Institutions. If a lending institution, government entity, etc. takes operational control of a construction site due to foreclosure, Permittee filing for bankruptcy, abandonment, etc., then that entity is responsible for the construction site's stormwater discharges. Coverage is required under the permit prior to the entity initiating construction activity at the site.
10. Notice of Intent (NOI).
    1. Application. Applicants seeking coverage under the permit must use the NOI forms provided by the City.
    2. NOI Requirements for Primary Permittees: Applicants seeking coverage under the permit as a Primary Permittee must provide the following information on the NOI form to the City:
       1. Owner/operator name, address, telephone number, and Employer Identification Number (EIN) as established by the U.S. Internal Revenue Service;
       2. Project/site name, address, county or similar governmental subdivision, tax map number, and latitude/longitude of the construction project or site;
       3. Property owner name, address, and telephone number if property owner is different from owner/operator;
       4. Completed SWPPP (Stormwater Pollution Prevention Plan) in accordance with the provisions of this Article;
       5. Name and classification of the water(s) of the State into which the site discharges and identification of proposed impacts, if any, to jurisdictional and non-jurisdictional waters, including impacts of construction activities to SC Navigable Waters (SCNW);
       6. Indication whether the site discharge is consistent with the assumptions and requirements of applicable TMDLs;
       7. Estimated dates of commencement of construction activity and final stabilization (i.e., project start and completion dates);
       8. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which the applicant is requesting permit coverage;
       9. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9, and the name and title of that authorized representative. The signature on the submitted NOI must be original; and
       10. Any other information, pertinent to the permit that the City requires on the NOI form.
    3. Requirements for NOIs for Secondary Permittees and Contractor Certifications: Secondary Permittees seeking coverage under the permit must provide the following information on the NOI Form. Contractor Certifications Forms (CCFs) must contain Items A, B, H, and I at a minimum.
       1. Secondary Permittee or contractor name, address, telephone number, and Employer Identification Number (EIN) as established by the U.S. Internal Revenue Service;
       2. Project/site name, subdivision name and lot number(s) (if applicable), NPDES coverage number for Primary Permittee;
       3. Property owner name, address, and telephone number if different from the owner/operator;
       4. The name, address, and telephone number of the individual to whom the Secondary Permittee has assigned the responsibility for the daily operational control of the site;
       5. Estimated dates of commencement of construction activity and final stabilization (i.e., project start and completion dates);
       6. Total acreage of the construction site and total acreage (to the nearest tenth acre) to be disturbed for which the applicant is requesting permit coverage;
       7. An indication that the provisions of the Primary Permittee’s approved OS-SWPPP will be adhered to by the Secondary Permittee while conducting any construction activity at the site, or an indication that the Secondary Permittee will develop a C-SWPPP for their discharges consistent with the provisions of Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs(C-SWPPPs). C-SWPPPs developed by the Secondary Permittee to address their discharges only should be provided to the Primary Permittee for inclusion in the Comprehensive SWPPP when the Secondary Permittee’s SWPPP is not consistent with the design provided by the Primary Permittee;
       8. A certification statement, signed and dated by an authorized representative as defined in §122.22 of SC Regulation 61-9, and the name and title of that authorized representative. The signature on the submitted NOI must be original; and
       9. Any other information, pertinent to the permit that the City requires on the NOI form.
11. Other Required Information. The following information and fees must also be submitted with the NOI form for the application to be complete:
    1. A check or money order made payable to the City of Florence according to the fee schedule promulgated by City Council resolution and as shown on the NOI application form;
    2. A copy of the Comprehensive SWPPP with the supporting documents and calculations; and
    3. For Secondary Permittees applying for coverage using the IL-NOI, a plat, plan, or map must be submitted outlining and identifying each lot included in their request for permit coverage.
12. Submission Deadlines. Deadlines for submission of an initial or a modified NOI application and other required information are defined below for “New” and “Ongoing” projects.” A “New Project” is defined as one that commenced construction after the effective date of the permit. An “Ongoing Project” is one that commenced construction before the effective date of the Permit.
    1. New Projects. To obtain coverage under the Permit, the Applicant must submit a complete and accurate NOI and other information required in this Article to the City prior to commencement of construction activities. Land disturbing activities may not commence until written approval is granted by SCDHEC and the City of Florence, and after a pre-construction meeting has been held including City of Florence representatives and all other parties involved.
    2. Permitted Ongoing Projects.
       1. If the applicant previously received authorization to discharge for the current phase of their project under the 2006 CGP, they shall be granted coverage under the permit as long as the construction site complies with the SWPPP requirements of this Article. There will be no additional fees associated with an extension of coverage for existing sites under the permit. However, the City may, at its discretion, require an applicant to confirm their intent to be covered under the permit following its effective date.
       2. For projects covered under the 2006 CGP, any individual or group that has signed a Co-Permittee Agreement may continue to conduct work as a Co-Permittee as long as the project’s coverage remains active and under the control of the operator to whom coverage was originally granted.
    3. New Owner/Operator of Ongoing Projects. Where the operator changes (new owner), after the initial NOI and C-SWPPP have been approved, the City must be notified in writing within seven calendar days. Accompanying this notification, the new operator must submit one of the following:
       1. A new NOI and C-SWPPP, when the new operator does not agree to comply with the approved C-SWPPP or elects to modify the approved C-SWPPP; or
       2. A new NOI and compliance statement, when the new operator agrees to comply with the approved C-SWPPP. Note that the C-SWPPP must still be updated, if not already completed, in compliance with Section 4-12.2.1, General Information, Subsection G., Comprehensive SWPPPs (C-SWPPPs).
       3. The new operator may not commence work at the construction site until approved by the City and Department of Health and Environmental Control (DHEC). The new Notice of Intent (NOI) and Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP) must reference the project’s name and tracking number assigned to the initial operator’s Notice of Intent (NOI) and Comprehensive – Storm Water Pollution Prevention Plan (C-SWPPP).
       4. If the construction site under the control of the new owner is inactive and all areas disturbed have reached stabilization, the NOI may not need to be submitted immediately. Written notification to the City should:
          1. Identify both the previous owner and new owner that will obtain operational control at a construction site,
          2. Identify the construction site as inactive,
          3. Identify each project area and the stabilization status (either as temporary stabilization or final stabilization),
          4. Provide a detailed explanation for delayed commencement of construction at the construction site under the direction of the new owner and proposed plans, schedule, dates, etc. for recommencement under the new owner, and;
          5. An NOI will need to be submitted before any additional construction activities are to be implemented at the construction site.
          6. If the site under the control of the new owner is inactive and all areas disturbed have not reached stabilization, the new owner must obtain permit coverage and provide stabilization as defined in this Article. Stabilization measures may be implemented prior to issuance of new permit coverage.
          7. If the new owner or operator has elected to modify the layout of the construction site, thereby altering the approved C-SWPPP, then the new owner or operator must apply for new coverage under the permit.
       5. If upon the sale or transfer of the construction site’s ownership does not change the signatory requirements for the NOI, but the site’s owner or developer’s company name has changed, an updated NOI should be submitted to the City along with written notification defining the proposed sale or transfer of ownership. If the new operator agrees to comply with an existing C-SWPPP already implemented at the site, a SWPPP acceptance and compliance statement should be included in the notification to the City. If the new operator does not agree to comply with an existing C-SWPPP, a new C-SWPPP must be submitted with the NOI to apply for new coverage under the permit.
       6. Each new owner/operator will be subject to the standard NPDES permit coverage fee for construction sites, as set in the fee schedule promulgated by City Council resolution. There will be no additional review fees associated with the sale or transfer of ownership for existing permitted construction sites when no major modifications to a SWPPP occur.
       7. If the transfer of ownership is due to foreclosure or a Permittee filing for bankruptcy proceedings, see Subsection I., above.
13. Late Notifications. NOIs submitted after initiating clearing, grading, filling, and excavation activities (including borrow pits and stockpile material storage areas), or other similar construction activities for projects or sites required to obtain authorization under the permit are considered late. When a late NOI is submitted, authorization for discharges occurs consistent with Subsection O., below. The City or DHEC may take enforcement for any un-permitted discharge or violations of laws or regulations that occur between the time construction activities have commenced and discharge authorization.
14. Where to Submit. The applicant must send a complete and accurate NOI application to the Engineering Division of the City of Florence.
15. Authorization to Discharge
    1. Authorization to discharge shall be granted by DHEC within seven business days of DHEC receipt of the NOI, submittal review fees, and written approval from the City.
    2. If DHEC does not send a letter authorizing coverage within the specified time outlined within the regulations, denying coverage, providing review comments, or advising that a review of the C-SWPPP will take place, the authorization to discharge will be automatically granted.
    3. If a U.S. Army Corps of Engineers’ 404 Permit or DHEC 401 Water Quality Certification is required by Section 404 or 401 of the CWA for permanent or temporary stormwater control structures, DHEC may not grant the applicant coverage under the permit until the 404 and 401 permits have been issued and are effective.
    4. In situations where the 404 permit decision will not affect the implementation of a SWPPP, DHEC will issue approval of the SWPPP and grant coverage under the permit before the 404 permit decision is effective.
    5. In situations where the 404 permit decision will affect only a portion of the “project area”, the City may grant the unaffected portion of the “project area” coverage under the permit. The remaining portion of the “project area” will be considered after the 404 permit is issued and effective.
    6. In situations where the entire “project area” is affected by the 404 permit decision, DHEC will not grant coverage under this general permit until the 404 permit decision is issued and effective.
    7. When permanent or temporary structures will be placed in South Carolina Navigable Waters, DHEC will address any issues related to South Carolina Navigable Waters’ Program under SC Regulation 19-450 during the review of the C-SWPPP rather than requiring a separate South Carolina Navigable Waters Permit. This provision will only apply to activities that will not require a 404 permit or a 401 certification.

Effective on: 1/15/2018

1. Required Plans. A Stormwater Pollution Prevention Plan (SWPPP) is a requirement for coverage under the NPDES permit. The applicant shall submit a complete Comprehensive SWPPP (C-SWPPP) as set out in Subsection G., below, for City and DHEC review and approval. After C-SWPPP approval, a condensed version of the C-SWPPP labeled as the On-Site SWPPP (OS-SWPPP), as set out in Subsection H., below, must be kept at the construction site until final stabilization is reached and coverage under the permit has been terminated.
2. Plan Preparation. At least one C-SWPPP must be developed for each construction site seeking coverage under the permit. When applicable, a qualified individual, as defined by Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, and in accordance with Good Engineering Practices (GEP), must prepare the C-SWPPP.
3. Deemed Complete. The C-SWPPP must be submitted with the NOI for the application to be deemed complete.
4. Required Consistency or Exemption. The C-SWPPP is to be consistent, at a minimum, to the standards listed in S.C. Regulation 72-300, unless specifically exempted by S.C. Regulation 72-302.A.
5. C-SWPPP Requirements. The C-SWPPP must:
   1. Be site-specific;
   2. Identify all potential sources of pollution which may reasonably be expected to affect the quality of stormwater discharges from the construction site;
   3. Describe practices to be used to reduce pollutants in stormwater discharges from the construction site,
   4. Assure compliance with the terms and conditions of the permit when properly implemented; and
   5. If the C-SWPPP must be prepared by an individual identified in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, the C-SWPPP must contain the following certification: “I have placed my signature and seal on the design documents submitted signifying that I accept responsibility for the design of the system. Further, I certify to the best of my knowledge and belief that the design is consistent with the requirements of Title 48, Chapter 14 of the Code of Laws of SC, 1976 as amended, pursuant to Regulation 72-300 et seq. (if applicable), and in accordance with the terms and conditions of SCR100000.”
6. Required Implementation. The Permittee must implement the approved C-SWPPP at the construction site as written from commencement of construction activities until final stabilization has been reached. The approved C-SWPPP to be implemented will be a condensed version, as defined in Subsection H., below, and will be labeled as the OS-SWPPP.
7. Comprehensive SWPPPs (C-SWPPPs).
   1. Each C-SWPPP must be designed, approved, and implemented to meet all applicable requirements outlined by the permit. A C-SWPPP is to accompany the NOI when the Permittee is seeking coverage under the permit. The C-SWPPP is to include all applicable items outlined in Section 4-12.2.8, Submittal Requirements. Once approved, the C-SWPPP will be condensed into the OS-SWPPP, as outlined in Subsection H., below, before undergoing implementation. The construction site plans are referenced as part of the contents of a C-SWPPP but do not have to be bound to the C-SWPPP. The construction site plans should be submitted as a separate document.
   2. For non-linear construction sites disturbing more than five acres, the C-SWPPP must be submitted with a phased erosion prevention and sediment control plan in accordance with Section 4-12.2.8, Submittal Requirements, Subsection I., Construction Site Plans.
   3. For any C-SWPPPs associated with an LCP specifically associated with residential development, the C-SWPPP must be designed in a manner that the entire project site, during construction and through final build out, is in compliance with the requirements of this Article. A C-SWPPP designed to the above conditions will allow Secondary Permittees to apply for individual lot coverage under the NPDES permit by referencing and implementing the approved OS-SWPPP.
8. On-Site SWPPPs (OS-SWPPPs).
   1. An OS-SWPPP is a derivative of the C-SWPPP and is created after the C-SWPPP has been submitted to and approved by the City and DHEC. Once the OS-SWPPP is created from the approved C-SWPPP, it is to be stored at the construction site as required by Subsection A., above.
   2. The OS-SWPPP must include the same stormwater management and sediment control plan, and the same construction site plans included in the C-SWPPP approved for the site.
   3. Each OS-SWPPP will act as the construction site’s living documentation that will be followed as the stormwater pollution prevention plan is implemented, updated as modifications are made, and used as a record log as stages of the approved OS-SWPPP are completed until the construction site has reached final stabilization and coverage under the permit has been terminated.
   4. The contents of the OS-SWPPP include all items required for the review and approval of the C-SWPPP under Section 4-12.2.8, Submittal Requirements except for engineering reports, as set out in Section 4-12.2.8, Submittal Requirements, Subsection H., Engineering Reports.
   5. The contents of the OS-SWPPP must also include the following additional documents which may not be required to be a part of the C-SWPPP prior to approval:
      1. One copy of the permit, excluding the appendices. Provisions may be made for the copy of the general permit to be accessed electronically as long as a hard copy can be made available by the end of the working day when required.
      2. A stamped and approved copy of the NOI.
      3. The letter generated once the C-SWPPP is determined to be in compliance with the permit.
      4. Any additional letters, approvals, or certifications necessary to implement the OS-SWPPP, when necessary.
      5. Certifications necessary to allow impacts to Waters of the State or jurisdictional wetlands, when necessary.
      6. Certifications necessary to allow contractors to conduct construction activities within the construction site.
      7. Any logs necessary to track the progress, compliance, modifications, and those associated with the construction site. These logs may include, but are not limited to, a pre-construction conference log, inspection log, stabilization log, rain log, contractor log, or any additional record keeping as deemed necessary by the Permittee, contractor, DHEC, or the City.

Effective on: 1/1/1901

1. Unique Situations. Each C-SWPPP must be designed and developed to specifically address the unique situations found on each construction site seeking coverage under the permit. Each C-SWPPP must include a stormwater management and sediment control section as set out in Section 4-12.2.8, Submittal Requirements, Subsection B., Stormwater Management and Sediment Control.
2. Preparation and Certification. For construction sites that disturb more than one acre, each C-SWPPP must be prepared, amended when necessary, certified, and stamped as allowed by their respective act and regulations by a qualified individual who is licensed as follows:
   1. Registered professional engineers as set out in Title 40, Chapter 22;
   2. Registered professional landscape architects as set out in Title 40, Chapter 28, Section 10, item (b);
   3. Tier B land surveyors as set out in Title 40, Chapter 22; or
   4. Federal government employees as set out by Title 40, Chapter 22, Section 280(A)(3).

Effective on: 1/15/2018

The C-SWPPP must be signed and certified by SWPPP preparer who meets the requirements in Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification.

Effective on: 1/1/1901

Each C-SWPPP must be consistent with all applicable Federal, State and City requirements for soil and erosion control and stormwater management, including updates to each C-SWPPP as necessary to reflect any revisions to applicable requirements for erosion prevention and sediment control through the management of stormwater runoff.

Effective on: 1/1/1901

1. Required Review and Approval. The C-SWPPP is required to be submitted for review and approved by the City and DHEC before construction activities may commence.
2. Major Modifications. Any major modification, as set out in Section 4-12.2.7, Modifications, Subsection C., Major Modifications, to any SWPPP is required to be submitted to and approved by the City and DHEC before implementation of any major modifications may commence.
3. Minor Modifications. Minor modifications, as set out in Section 4-12.2.7, Modifications, Subsection D., Minor Modifications, may be made to any SWPPP by the Permittee without approval. However, these modifications must be recorded in the OS-SWPPP and be made available upon request by the City or DHEC.

Effective on: 1/1/1901

1. Plan Availability. A copy of the OS-SWPPP, as set out in Section 4-12.2.1, General Information, Subsection H., On-Site SWPPPs, must be retained at the construction site or a nearby location that is easily accessible during normal business hours, from the date of commencement of construction activities to the date that final stabilization is reached.
2. Notice of Location. If a location within the construction site is unavailable to store the OS-SWPPP when no personnel are present, notice of the plan's location, along with any updated contact information, must be posted near the main entrance at the construction site.
3. On-Site Availability. Contractors and/or builders who have day-to-day operational control over OS-SWPPP implementation, must have a copy of this SWPPP available at a central location within the construction site for the use by all those identified as having responsibilities under the OS-SWPPP.
4. Available Upon Request. For linear construction of roads and utilities (i.e., electrical power lines, gas lines, main sewer trunk lines, and water distribution lines), which are not part of an LCP, where it is not practical to have the OS-SWPPP on location, the Permittee and/or operator must, upon request, make the OS-SWPPP available by the end of normal business hours, or by the following business day under extenuating circumstances.
5. Available for Inspection. OS-SWPPPs must be made available upon request and at the time of a construction site inspection by EPA, DHEC, or City representatives.

Effective on: 1/1/1901

1. Modification of Ineffectiveness. Each SWPPP must be modified if during inspections or investigations by City, State or Federal officials, it is determined that any SWPPP is ineffective in either eliminating, when reasonably possible, or significantly minimizing pollutants in stormwater discharges from the construction site.
2. BMP Modifications. Each SWPPP must be modified, as necessary, to include additional or modified Best Management Practices (BMPs), which are designed to correct problems identified during the construction site inspection by any qualified inspector, as set out in Section 4-12.4.2, Inspections, Subsection E., Inspector Qualifications, or by City, State, or Federal officials. Revisions to each SWPPP must be completed within seven calendar days following the inspection. Implementation of these additional or modified BMPs must be accomplished as set out in Section 4-12.2.8, Submittal Requirements, Subsection F., Best Management Practices (BMPs).
3. Major Modifications. Each SWPPP must be modified and submitted for review and approval by the City and DHEC if any of the following conditions are met:
   1. Whenever there is a significant change in design, construction, operation, or maintenance at the construction site resulting in discharges that will cause, have the reasonable potential to cause, or contribute to violations to S.C.’s Water Quality Standards.
   2. Whenever a change in the design, construction, operation, or maintenance calls for a revision of any approved SWPPP based on the following list of modifications:
      1. Modifications that will affect the hydrology or trapping efficiency calculations including:
         1. Resizing sediment or detention basins that must be modified due to changes in peak flow or volume resulting from changes in site development plan.
         2. Deletion of sediment or detention basin or sediment trap.
         3. Relocation of sediment or detention basins resulting in increases/decreases in receiving drainage area and/or resulting in a new/relocated basin outlet location, which is directed towards an outfall that was not approved within the C-SWPPP.
         4. Addition/removal of sediment or detention basin.
         5. Modification of sediment or detention basin outlet structure.
         6. Changes in grading that alter drainage patterns that may result in increased or decreased flow to a sediment or detention basin.
         7. Amending construction sequence in a fashion that the detention basin is not installed before grubbing operations begin.
      2. Point discharge or outfall location changes.
      3. Any modification to regulated water quality structural control measures.
      4. Adding a new point discharge.
      5. Addition of impervious area due to revised site development plans.
      6. Addition of the disturbed area.
      7. Changes to a navigable water crossing.
      8. Addition of sediment trap(s) when required to obtain 80 percent trapping efficiencies for disturbed areas not previously permitted or redirected away from an approved water quality BMP.
      9. Site layout changes that require redesigning the stormwater management system.
      10. Any additional modifications as determined by the City or DHEC
4. Minor Modifications. The Permittee must modify the OS-SWPPP and keep a record of each modification within the OS-SWPPP if any of the following conditions are met:
   1. Addition of BMPs. Addition of silt fence, slope drains, inlet protection, or outlet protection that does not involve additional wetland impacts, or check dams to improve the overall stormwater management and sediment control at the construction site.
   2. BMP Relocations. Relocation of the construction entrance, pond inlet pipes (within a pond), and any other proposed BMP to improve the overall stormwater management and sediment control at the construction site.
   3. Removal of Disturbed Areas. Minor modifications are not required as long as the removal of the disturbed area does not also remove any BMPs (ponds, traps, etc.) that are required to meet S.C.’s Water Quality or Quantity Standards. Removal of disturbed area only qualifies for disturbed area that was included in the initial coverage approval and that was never disturbed (i.e., cleared, grubbed or graded).
   4. Modifying Individual Lot Drainage. Minor modifications are not required unless the changes affect the inflow to a detention structure or analysis point, to which the lot drains, that was not previously approved.

Effective on: 1/1/1901

1. Project Narrative. Each C-SWPPP must include a project narrative that accurately addresses the following requirements for each construction site:
   1. Scope of project outlined, including a detailed description of pre- and post-development conditions.
   2. Description of existing and potential flooding problems at the site due to pre-construction drainage conditions, and any potential flooding problems within the surrounding area that may be a direct result of current site conditions or the proposed site development. Identify if the site is located within a floodplain.
   3. The function of the project (e.g., low density residential, shopping mall, highway, etc.).
   4. Estimates of the total area expected to be disturbed by excavation, grading, or other construction activities, including dedicated off-site borrow and fill areas.
   5. Information regarding the required on-site support activities (e.g. concrete and asphalt batch plants, etc.).
   6. Identification of prior uses of the construction site or potential sources of pollution that may reasonably be expected to cause or contribute to a violation of any applicable water quality standard based upon the existing condition of the construction site.
2. Stormwater Management and Sediment Control. Each C-SWPPP must include a stormwater management and sediment control section that accurately addresses the following requirements for each construction site:
   1. Industrial Stormwater Discharges. Identify and describe the location of any stormwater discharge associated with industrial activity other than construction activities at the construction site. This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants, which are covered by the permit.
   2. Water Quality BMPs. Identify and describe all pollution control measures (i.e., BMPs) that will be implemented as part of the construction activities to control pollutants in stormwater discharges.
   3. Erosion Prevention BMPs. Identify and describe all temporary and final stabilization practices for the construction site, including a schedule of when the practices will be implemented. Use of impervious surfaces for stabilization should be avoided.
   4. Structural Control Measures and Floodplain Placement. Identify and describe all structural practices used to divert flows from exposed soils; to retain/detain flows; or to otherwise limit runoff and the discharge of pollutants from exposed areas of the construction site. Placement of structural practices in floodplains must be in accordance with applicable regulations.
   5. Post-Construction Water Quality BMPs. Identify and describe all post-construction stormwater management measures (LIDs, BMPs, etc.) that will be installed during the construction process to control pollutants in stormwater discharges after construction operations have been completed.
   6. Construction Debris Management. Identify and describe all measures to prevent the discharge of building or other similar materials to Surface Waters of the State, except as authorized by a permit issued under Section 404 of the CWA.
   7. Construction Entrances and Dust Control. Identify and describe all measures to minimize off-site vehicle tracking of sediments onto paved surfaces and the generation of dust.
   8. Stock Pile Management. Identify and describe potential construction and waste materials expected to be stored on-site. The controls, including storage practices such as roll off containers, spill prevention, and response practices used to minimize exposure of these waste materials to stormwater discharges must also be identified and described.
   9. Additional Onsite and Offsite Pollution Identification. Identify and describe potential pollutant sources from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants), and controls and measures that will be implemented at those sites to minimize pollutant discharges.
3. Sequence of Construction. The C-SWPPP must include a sequence of construction that accurately describes the nature of the construction activity for each construction site.
   1. The sequence of construction must include, at a minimum, the intended sequence and timing of all planned major construction activities that disturb soils, such as clearing and grubbing, installing sediment basins prior to remaining land disturbance, initial and final grading, and cut and fill activities at the construction site.
   2. When phased erosion prevention and sediment control plans are required, as set out in Subsection I., below, each phase must include a phase specific sequence of construction that accurately describes the nature of all construction activity for each phase at the construction site.
   3. The sequence of construction must be included within the construction site plans, as set out in Subsection I., below. The sequence of construction should begin with the installation of any construction entrances and installation of perimeter controls, and should end with the removal of all temporary sediment and erosion control measures and the conversion of any BMPs required to be converted into permanent control measures, once the site has been finally stabilized. The level of detail will vary based on the nature and complexity of the construction project
4. Site Features and Sensitive Areas
   1. Waters of the State. The C-SWPPP must identify and delineate all Waters of the State (WoS), including wetlands, located within the disturbed area and/or the total area associated with the construction site. The C-SWPPP must also identify all Waters of the State (WoS), including wetlands, which are located immediately adjacent to or within the surrounding area of the construction site. The C-SWPPP must also identify receiving waters, including wetlands and South Carolina Navigable Waters. The following must be addressed when a Waters of the State (WoS) is required to be identified.
      1. An additional, separate plan sheet, provided within the construction site plans when necessary that delineates all WoS within the construction site's limits of disturbance, and that identifies all Waters of the State (WoS) within the surrounding or adjacent areas. This plan sheet must identify all impacted areas with a description of the activities, whether permanent or temporary, and any other relevant information.
      2. If impacts to WoS, outlined areas of impacts and labeled that no work can begin in this area until all necessary U.S. Army Corps of Engineers (USACOE) permits and DHEC 401 certifications have been obtained.
      3. If structural BMPs are proposed to be installed within a Waters of the State (WoS), the Comprehensive - Storm Water Pollution Prevetion Plan (C-SWPPP) must specifically address the requirements set out in Subsection F., below.
   2. Buffer Zone Management. In order to minimize sediment discharges, during construction, if surface waters are located on or immediately adjacent to the construction site, the C-SWPPP must address any stormwater discharges from the construction site to such waters so that these discharges are treated by an undisturbed buffer zone that is capable of achieving maximum pollutant removal.
      1. The C-SWPPP must identify an undisturbed buffer zone that meets the following criteria when surface waters are located on or immediately adjacent to the construction site (see Division 4-12.5, Riparian Buffers for water body definition):
         1. 30-Foot Natural Buffer around Level III Water Bodies. Provide and maintain, at a minimum, a 30-foot undisturbed buffer zone during construction around Level III water bodies as defined by the City. This natural buffer should be located between the surface waters and the outermost sediment and erosion controls at the construction site;
         2. 45-Foot Extended Natural Buffer around Level I and II Water Bodies. Provide and maintain, at a minimum, a 45-foot undisturbed buffer during construction where the surface waters are classified as Level I or Level II water bodies by the City. This extended natural buffer should be located between the surface waters and the outermost sediment and erosion controls at the construction site;
         3. Velocity Dissipation Requirements. All discharges into a buffer zone should be non-channelized and non-concentrated to prevent erosion, and must first be treated by the construction site’s sediment and erosion controls. Velocity dissipation measures may be implemented within a buffer zone as set out below in c.4;
         4. Additional City Requirements. The provided buffer zone should meet the riparian buffer requirements set out in Section 4-12.5.1, Riparian Buffer Requirements. Permanent buffer zone requirements supersede the buffer zone management requirements of this Section for Level I and Level II water bodies. Minimum requirements of this Section and Section 4-12.5.1, Riparian Buffer Requirements shall be implemented along Level III water bodies. The City may allow for temporary encroachment on permanent buffer requirements for Level II and III water bodies on a case-by-case basis in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements. Development within construction and permanent riparian buffers must adhere to the most restrictive buffer requirements, unless otherwise directed by the City, and be in compliance with one of the options set out in b below.
      2. The C-SWPPP must identify and address each applicable buffer zone management requirement through one of the following compliance options.
         1. Option A, Provide the Entire Buffer Width. Provide and maintain, at a minimum, the required buffer zone in addition to the required erosion prevention and sediment control BMPs for the construction site. C-SWPPPs pursuing this option must also include:
            1. A narrative detailing that a buffer zone is to be maintained at a length of the required buffer width; and
            2. A list of standard notes addressing the maintenance of the buffer zone and supporting BMPs. These notes may be located within the construction site plans.
         2. Option B, Reduction of the Buffer Width. Provide and maintain an undisturbed buffer that is less than the required buffer width in addition to the required erosion prevention and sediment control BMPs for the construction site. Situations qualifying for this option are set out in c below. Other situations may be approved for this option on a site-to-site basis. C-SWPPPs pursuing this option must include:
            1. A narrative detailing that a buffer zone is to be maintained at a length less than the required buffer width;
            2. A detailed sequence of the procedures and/or controls (including the installation of BMPs, maintenance of BMPs, and removal of BMPs) to be implemented to protect the immediately adjacent or on-site surface waters;
            3. A list of standard notes addressing the maintenance of the buffer zone and supporting BMPs. These notes may be located within the construction site plans.
         3. Option C, Elimination of the Buffer Zone. Provide and maintain the required erosion prevention and sediment control BMPs for the construction site when circumstances restrict the capability of providing a buffer zone. Situations qualifying for this option are set out in c above. Other situations may be approved for this option on a site-to-site basis. C-SWPPPs pursuing this option must also include the following:
            1. A narrative justifying why an undisturbed buffer, of any length, will not be provided due to site-specific conditions;
            2. A detailed sequence of the procedures and/or controls (including the installation of BMPs, maintenance of BMPs, and removal of BMPs) to be implemented to protect the immediately adjacent or on-site surface waters;
            3. Calculations which support that the proposed sediment control BMPs are capable of meeting the design criteria identified in State Regulation 72-307.C.(5).(a)-(c), Sedimentology, regardless of the disturbed area discharging to the surface water; and
            4. A list of standard notes addressing the maintenance of all BMPs discharging into surface waters. These notes may be located within the construction site plans.
      3. All or portions of the construction site may not be required to meet the entire 30-foot (45-foot if discharging to Level I or Level II water bodies) buffer widths, if at all, when any of the following circumstances is applicable at the construction site prior to implementation of land disturbing activities and all items in either compliance option B or C are provided:
         1. Discharges Away from Surface Waters. Circumstance where construction stormwater runoff will not be discharged into on-site or immediately adjacent surface waters.
         2. Pre-Existing Development. Areas within the required buffer zone that have been developed prior to the issuance of the permit.
         3. Non-jurisdictional Waters. This includes, but is not limited to, surface waters to be impacted and treatment works.
         4. Special Circumstances. Under special circumstances, work may be allowed within the designated buffer zones, but only when any of the following apply and a modification request has been submitted in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements:
            1. Final stabilization measures have been implemented on all disturbed areas discharging to the buffer zone;
            2. Implementation of velocity dissipation measures within the buffer zone; and
            3. Work in the buffer zone will not allow stormwater discharges to cause or contribute to violations of water quality standards.
      4. Buffer requirements and setbacks as set out in Division 4-12.5, Riparian Buffers are applicable under all development conditions unless otherwise waived, in writing, by the City. However, disturbances at the construction site are not required to meet the construction buffer zone management requirements of the permit when the following conditions are met:
         1. The C-SWPPP limits the area of disturbance to the minimum needed to complete the construction and to access the site,
         2. All appropriate CWA 404 permits and/or authorizations are obtained,
         3. The C-SWPPP retains the vegetation outside of the cited disturbed areas and
         4. The construction activity consists solely of any of the following circumstances:
            1. Linear Projects. This includes any linear construction projects, that consists solely of either roadways and/or utilities (such as roads that are not part of a development and utility construction including electrical power lines, gas lines, main sewer trunk lines, and water distribution lines that are not part of a development);
            2. Construction of Water Dependent Structures and Water Access Areas. This includes, but is not limited to, piers, boat ramps, and trails
            3. Habitat Restoration Projects. This includes, but is not limited to, mitigation requirements;
            4. Routine Maintenance. This includes, but is not limited to, the maintenance of existing structures located within the required buffer width
      5. The selected compliance option, set out in 2.b above, must be maintained throughout the duration of all land disturbing activities until final stabilization has been reached on all areas discharging to the provided buffer zone. Each erosion prevention, sediment control, and velocity dissipating BMP discharging to a buffer zone must be maintained to ensure that each BMP is capable of achieving maximum pollutant removal.
5. Sources of Pollution
   1. The C-SWPPP must identify potential sources of pollution, including sediment and fertilizers, which are likely to affect the quality of stormwater discharges from the construction site. Identified sources of pollution must be addressed in the C-SWPPP, a few examples of sources of pollution are set out in Subsection B., above.
   2. Litter, construction debris, oils, fuels, and building products with significant potential for impact (such as stockpiles of freshly treated lumber) and construction chemicals that could be exposed to stormwater must be prevented from becoming a pollutant source in stormwater discharges, as set out in Subsection B., above.
6. Best Management Practices (BMPs)
   1. The C-SWPPP must include a Best Management Practices (BMPs) section that accurately and descriptively addresses the use, installation, maintenance, and inspection for each of the following types of pollution control measures (i.e., BMPs) as outlined in the stormwater management and sediment control plan, as set out in Subsection B., above:
      1. Erosion Prevention BMPs. Each erosion prevention BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee’s discharges shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.Except as provided below, initiate soil stabilization measures as soon as practicable whenever land disturbing activities have been temporarily or permanently ceased, but in no case more than 14 days after land disturbing activity in that portion of the construction site has temporarily or permanently ceased.
         1. Where snow cover or frozen ground conditions preclude stabilization by the 14th day, stabilization measures must be initiated as soon as practicable.
         2. Where construction activity on a portion of the construction site is temporarily ceased, and earth disturbing activities will be resumed within 14 days, temporary stabilization measures do not have to be initiated on that portion of the construction site.
      2. Sediment Control BMPs. Each sediment control BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307.C.(5).(a), 72-307.C.(5).(b) and 72-307.C.(5).(c), unless specifically exempted by SC Regulation 72-302.A.
         1. Inlet Protection. Inlet protection must be provided at all existing and newly installed inlets that receive stormwater runoff from the disturbed areas.
         2. Outlet Protection. Outlet protection must be provided at all existing and newly installed outlets, within the construction site’s boundary, that discharge stormwater runoff from the disturbed areas. Silt fence may not be used as outlet protection.
         3. Sediment Basins. For common drainage outfalls that serve an area with 10 or more disturbed acres, a sediment basin, or equivalent sediment control BMPs, which meet the criteria identified in State Regulations 72-307.C.(5), must be provided where attainable until final stabilization of the construction site is achieved. For common drainage outfalls serving an area of less than 10 acres, sediment basins are still recommended where applicable. In addition the sediment basin must be designed to meet the following requirements:
            1. When computing the number of acres draining into a common drainage outfall, it is not necessary to include flows from off-site areas and flows from on-site areas that are undisturbed or have undergone final stabilization, and have been diverted around both the disturbed area and the sediment basin.
            2. In determining whether installing a sediment basin is attainable, the SWPPP preparer may consider factors such as soils, slope, available area on-site, etc. If a sediment basin is determined to be not attainable, sediment traps or equivalent sediment control BMPs should be used (e.g., silt fences, vegetative buffer strips, rock check dams, rock sediment dikes, or a combination of these).
            3. In any event, the SWPPP preparer must consider public safety as a design factor for the sediment basin, and alternative sediment controls must be used where construction site limitations would preclude a safe design.
            4. Unless infeasible, properly design, install, and maintain porous baffles, or similar control measures capable of enhancing settling capabilities and restricting the accumulation of sediment around the outlet structure, in all temporary sediment traps and sediment basins to reduce velocity, turbulence, and improve sediment trapping efficiency.
            5. Unless infeasible, sediment forebays, or similar control measures capable of providing sediment trapping at inlets of sediment basins, should be installed as practicable based on sediment storage requirements of each sediment basin.
            6. Unless infeasible, each sediment basin must be equipped with a cleanout stake indicating when the basin is to be cleaned.
         4. Sediment Traps. For drainage outfalls serving greater than two acres but less than five acres, sediment traps, or equivalent sediment control BMPs, which meets the criteria identified in State Regulations 72-307.C, when applicable, must be provided where attainable until final stabilization of the construction site is achieved.
         5. Water Surface Dewatering. When discharging from sediment basins and similar impoundments, utilize outlet structures that only withdraw water from near the surface of the basin or impoundment, unless infeasible. This outlet structure should be capable of conveying the flow for the 10-year, 24-hour storm event.
      3. Runoff Control and Conveyance Measures BMPs. Each runoff control and conveyance measure BMP must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
         1. Permanent Conveyance Measures. Each conveyance measure must be stabilized and capable of handling the 25-year, 24-hour storm event with non-erosive flow conditions during construction and post-construction. If the velocity exceeds four ft/s, then permanent velocity dissipation measures, devices, and/or erosion prevention BMPs must be installed to provide non-erosive flow conditions.
         2. Temporary Conveyance Channels. Design channels to avoid disturbed areas and to reduce erosion. Divert concentrated flows of stormwater running onto the site and within the construction site to avoid contact with soils exposed during construction, unless infeasible. Prevent erosion of channel embankments, outlets, adjacent stream banks, slopes, and downstream waters during discharge conditions through the use of velocity dissipation devices (e.g., check dams, sediment traps, riprap, or grouted riprap at outlets) within and along the length of any constructed stormwater conveyance channel, and at any outlets to provide a non-erosive flow velocity.
         3. Stabilization of Conveyance Channels. Complete stabilization of stormwater conveyance channels (within seven days of channel construction). Examples of vegetative and non-vegetative stabilization techniques include channel liners, rolled erosion control products (e.g., erosion control blankets and turf reinforcement mats), riprap, geotextiles, or other armoring materials that are suitable for use in areas with concentrated or channelized flow. Application of mulch, hydromulch, tackifier, or similar erosion prevention practices that are erodible, conveyable, or that obstruct flow when used in areas with concentrated or channelized flow in stormwater conveyance channels is prohibited.
         4. Storm Drainage Systems. No new point discharges onto adjacent property where there was not a point discharge previously, unless written permission from the adjacent property owner is provided. A twenty foot minimum buffer should be provided, where feasible, between the property line and the discharge point. Level spreaders, plunge pools, etc. shall be provided when the proposed outlet is near the property line and not directed to an existing outfall, such as a creek or ditch. All outlets from a storm sewer system shall not discharge on fill slopes.
         5. Velocity Dissipation Devices. Appropriate velocity dissipation devices and/or erosion prevention BMPs must be placed at discharge locations and along the length of any outfall channel to provide non-erosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected. Silt fence may not be used as an energy dissipater.
      4. Post Construction Water Quality Control BMPs. Each post-construction water quality control BMP, including structural and non-structural BMPs, as mentioned below, must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined below and by the design criteria identified in State Regulation 72-307.C.(5).(d), 72-307.C.(5).(e), 72.307.C.(5).(f), 72-307.C(5)(g) and 72-307.C.(11), as applicable, unless specifically exempted by S.C. Regulation 72-302.A. Design Criteria may be modified for a specific project or type of project.
      5. Structural BMPs. All structural BMPs should be placed on upland soils to the best degree practicable. Such control measures must be designed and installed in compliance with applicable Federal, State, and City requirements. The following requirements for structural BMPs proposed to be installed in jurisdictional Waters of the State:
         1. Permanent Structural BMPs can only be placed in jurisdictional Waters of the United States if the U.S. Army Corps of Engineers (USACOE) issues a permit for the activity under Section 404 of the CWA. When South Carolina Navigable Waters may be affected, the C-SWPPP must include appropriate requirements applicable to South Carolina Navigable Waters under S.C. Regulation 19-450.
         2. Temporary Structural BMPs can only be placed in jurisdictional Waters of the United States if the U.S. Army Corps of Engineers (USACOE) issues a permit for the activity under Section 404 of the CWA. When South Carolina Navigable Waters may be affected, the C-SWPPP must include appropriate requirements applicable to South Carolina Navigable Waters under S.C. Regulation 19-450. All temporary structural BMPs placed in perennial streams must be removed after final stabilization has been accomplished.
         3. Temporary Structural BMPs may only be placed in Waters of the State when there is no other feasible alternative. All temporary structural BMPs placed in ephemeral and intermittent streams must be removed after final stabilization has been accomplished. After removal of the temporary structural BMPs, the ephemeral or intermittent stream must be restored to its original condition.
         4. Detention/Retention Ponds. When the C-SWPPP requires the use of detention/retention ponds, the ponds should be designed, constructed, and maintained in accordance to S.C. Reg. 72.307.
      6. Non-structural BMPs. All non-structural BMPs must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
      7. Low Impact Development BMPs. The C-SWPPP should identify all Low Impact Development (LID) techniques when these measures are proposed to treat post-development runoff in order to meet permanent water quality and/or post-development quantity requirements. LIDs and other infiltration practices for post-construction stormwater management should be constructed only after the drainage area to these practices has been stabilized.
      8. Additional BMPs. Any additional BMPs, not listed above, must be designed, installed, and maintained to achieve maximum pollutant removal, to the extent that the Permittee's discharges that shall not cause or contribute to violations of water quality standards, as outlined by the design criteria identified in State Regulation 72-307 - Specific Design Criteria, Minimum Standards and Specifications, unless specifically exempted by S.C. Regulation 72-302.A.
   2. The design, inspection, and maintenance of Best Management Practices (BMPs) described in the C-SWPPP must be prepared in accordance with good engineering practices and at a minimum should be consistent with the requirements and recommendations contained in the current edition of the DHEC Stormwater BMP handbook or applicable appendices of this Article. The DHEC Stormwater BMP handbook is designed to provide guidance to planners, developers, engineers, and contractors on the proper selection, installation, and maintenance of BMPs.
7. Maps
   1. The C-SWPPP must include the following maps for the site:
      1. Topographic Map. This map must contain the project boundary outline, route of stormwater runoff towards the nearest receiving water body, overlaying contours of the site and the surrounding areas, and names of all roadways adjacent to the construction site.
      2. Soils Map. This map must contain the project boundary outline, the outlines of the predominate soil types found at the construction site, and the names of each soil type.
      3. Floodway Map. This map must contain the project boundary outlined and the boundaries of any floodplains or floodways on or adjacent to the construction site. Each floodplain must be clearly identified.
      4. Vicinity Map. This map must contain the project boundary outline, north arrow, names of all roadways, towns and landmarks on or adjacent to the construction site.
   2. The C-SWPPP must include drainage maps for both the pre-development and post-development conditions, including the entire construction site identifying:
      1. Direction(s) of stormwater runoff and the approximate slopes anticipated after major grading activities;
      2. Existing and/or proposed contours within the project boundary outline and into the surrounding area;
      3. Drainage basins and sub-basins in which stormwater runoff collects and drains towards a common outfall location including offsite areas draining onto the site;
      4. Location of all outfall points where stormwater runoff discharges off the construction site;
      5. Location of all receiving waters, including wetlands and South Carolina Navigable Waters;
      6. Areas of soil disturbance and areas that will not be disturbed; and
      7. Each drainage map must be consistent with the information provided in all calculations provided within the engineering report, as set out in Subsection H., below.
   3. The C-SWPPP must include additional drainage maps (the pre-development and post-development maps as set out in 2above may be referenced to achieve this requirement) for each BMP used to meet water quantity and water quality requirements, or as determined by DHEC, a regulated MS4, or an entity delegated under Regulation 72-300, identifying:
      1. An outlined drainage basin of the proposed BMP;
      2. Existing and proposed contours within and adjacent to the drainage basin;
      3. The location of the proposed BMP; and
      4. The area, in acres, associated with the drainage basin.
8. Engineering Reports
   1. For sites subject to S.C. Regulation 72-300, the C-SWPPP must include a detailed engineering report that contains, but is not limited to, the following calculations:
      1. Curve Number Analysis. Each C-SWPPP must identify all curve numbers used within the engineering report for each condition of the construction site (pre-development, post-development, during construction, etc.) Information on how the curve numbers were obtained, including soil types, land cover and area, must be included. Any weighted curve number calculations must also be included.
      2. Pre-/Post-Development Hydrologic Analysis. Each C-SWPPP must use rainfall data from DHEC’s Stormwater Management BMP Handbook (BMP Handbook) or another appropriate source may be used in the hydrologic calculations. All outfalls for comparing runoff rates must be analyzed in a manner that the total area draining to these outfalls does not change from pre- to post-development conditions, although any sub-basin drainage areas contributing to these outfalls may change between pre- and post-development conditions.
      3. Detention Analysis. Each C-SWPPP, when applicable, must provide a full pond routing for each proposed pond/basin. At a minimum, for each pond/basin the following must be reported:
         1. A summary table of the peak inflows, peak outflows, and discharge velocities at each construction site outfall for each storm event analyzed.
         2. A summary table of the maximum water surface elevations (WSE) in each detention structure during each storm event analyzed.
         3. A stage-storage-discharge relationship for the outlet structure of each detention structure analyzed.
         4. If a rating curve for the outlet structure must be generated externally from the analysis program, the data and equations used to obtain the rating curve of the outlet structure must be included.
      4. Permanent Water Quality Analysis. Each C-SWPPP, when applicable, must provide detailed calculations for any structural BMP used to meet the water quality requirements listed in S.C. Regulation 72.307.C.(5), specifically (d), (e), (f), and (g). Infiltration practices, when applicable, must meet the design requirements provided in 72.307.C.(11).
      5. Sedimentology (Trapping Efficiency Analysis). Each C-SWPPP, when applicable, must provide detailed calculations for any BMPs used to meet the water quality requirements during construction listed in S.C. Regulation 72.307.C.(5), specifically (a), (b) and (c).
      6. As-Built Surveys. Each C-SWPPP, when proposing to direct construction site runoff into a previously approved detention pond or another structural BMP designed to control water quality or quantity, must include an as-built survey of the existing structure prepared by a qualified individual, per Section 4-12.2.2, Design and Development, Subsection B., Preparation and Certification, unless an as-built survey has been previously provided and accepted by DHEC or the City. In cases where a qualified individual certified that the previously approved structural BMP was built according to plan and DHEC or City staff conducted a final stormwater inspection, then the as-built survey may not be required in be included in the C-SWPPP. The as-built survey must provide, at a minimum, the following information:
         1. All existing grades/contours/depths of the structure.
         2. All elevations and dimensions of all outlet structures, including:
            1. Pipe and orifice inverts and diameters.
            2. Weir elevations and dimensions.
            3. Riser dimensions and elevations.
            4. Emergency spillway dimensions and elevations.
            5. Locations and inverts for all pipes discharging into the pond.
         3. Spot elevations along the top of the structural BMP’s embankment.
         4. Contours, dimension, and locations of all structural components (e.g., forebays, level spreaders, riprap aprons, inlets structures) of the structural BMPs.
      7. Stable Channel Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for proposed drainage channels, temporary or permanent, to ensure non-erosive flow conditions. Velocity dissipation BMPs and/or erosion prevention BMPs must be added to channels where erosive velocities are achieved
      8. Storm Sewer Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for any proposed storm sewer systems.
      9. Riprap Apron Analysis. Each C-SWPPP, when applicable, must submit detailed calculations for any proposed riprap aprons. These calculations must be based off of the most current edition of the DHEC BMP Handbook or other appropriate design criteria identified by the City.
9. Construction Site Plans
   1. The C-SWPPP must include a set of construction site plans that are consistent with the requirements listed in State Regulations 72-307.A.3 and include, but are not limited to, the following requirements:
      1. The Limits of Disturbed (LOD) area must be outlined on all plan sheets.
      2. BMPs must be identified on the construction site plans using the symbols identified in the current edition of the DHEC Stormwater BMP Handbook or from a unique legend of symbols provided on the construction site plans. Symbols used for BMPs not identified in the handbook must be included in the legend on each sediment and erosion control plan sheet.
      3. A construction sequence per Subsection C., above.
      4. Detailed plan sheets, including grading and drainage plans, and BMP detail sheets.
   2. For non-liner construction sites disturbing more than five acres, the construction site plans must include a phased stormwater management plan. This phased plan identifies all BMPs and grading work implemented during a specific portion of a site's construction sequence (e.g., initial grading and perimeter controls, interim land disturbances through final grading, post-construction and final stabilization). Each phase must be addressed and identified on at least one separate plan sheet as indicated in the requirements set out in a. and b. below. One sheet showing all BMPs and grading work for the entire course of the construction project will not be considered a complete phased plan.
      1. Sites Less Than 10 Acres. For site disturbances less than 10 acres, at least two separate plan phases shall be developed. Each plan phase shall be identified and must be addressed separately on at least one single plan sheet, with each sheet reflecting the conditions and the BMPs necessary to manage Stormwater runoff, erosion and sediment during the phases, at a minimum, listed below:
         1. Initial Land Disturbance Phase. This includes, but is not limited to, the perimeter BMPs, the necessary sediment and erosion control BMPs to be installed prior to initial/mass grading, and any additional BMPs necessary to keep the construction site in compliance with the permit.
         2. Stabilization Phase. This includes, but is not limited to, all BMPs required to be installed, maintained, and retrofitted during the time required to begin the majority of all construction and grading activities, and the time required to bring the construction site into compliance with permanent water quality requirements and into final stabilization.
         3. The scope of the land disturbing activities and BMPs to be included in each of the phases identified in this Section should be evaluated on a site-to-site basis and selected based on what the SWPPP preparer and reviewer deems to be the most appropriate for each construction site.
      2. Sites Greater Than 10 Acres. For site disturbances greater than or equal to 10 acres, at least three separate plan phases shall be developed. Each plan phase shall be identified and must be addressed separately on at least one single plan sheet, with each sheet reflecting the conditions and the BMPs necessary to manage stormwater runoff, erosion and sediment during the phases, at a minimum, listed below:
         1. Initial Land Disturbance Phase. This includes, but is not limited to, the perimeter BMPs, the necessary sediment and erosion control BMPs to be installed prior to initial/mass grading, and any additional BMPs necessary to keep the construction site in compliance with the permit.
         2. Construction Phase. This includes, but is not limited to, all sediment and erosion control BMPs necessary to be installed, maintained, and designed to prevent sediment-laden stormwater from discharging off-site during construction. Examples of such BMP control measures to include in this phase are all temporary BMPs used to convey, manage, and treat stormwater runoff including additional sediment traps and sediments basins, rock check dams, silt fence, sediment tubes, inlet protection, temporary conveyance channels and any other sediment control measure.
         3. Stabilization Phase. This includes, but is not limited to, all BMP control measures required to be installed, maintained, and retrofitted during the time required to bring a construction site into compliance with permanent water quality requirements and into final stabilization.
         4. The scope of the land disturbing activities and BMPs to be included in each of the phases identified in this Section should be evaluated on a site-to-site basis and chosen based on what the SWPPP preparer and reviewer deems to be the most appropriate for each construction site.
10. Non-Numeric Effluent Limits
    1. Minimize Pollutant Discharge. The C-SWPPP must be developed so that the design, installation, and maintenance of all sediment control and erosion prevention BMPs are implemented in a manner to minimize the discharge of pollutants. At a minimum, such BMPs must be designed, installed, and maintained to:
       1. Control Volume and Velocity. Control stormwater volume and velocity within the site to minimize soil erosion during construction activity.
          1. Stormwater volume control must be accomplished during construction activities to minimize erosion within the boundaries of the construction site. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
             1. Limiting of the amount of disturbed area not stabilized at a time;
             2. Staging and/or phasing of the construction sequence;
             3. Sediment basins and sediment traps;
             4. Diverting off-site flow around the construction site; and
             5. Controlling the drainage patterns within the construction site.
          2. Stormwater velocity control must be accomplished during construction activities to minimize erosion within the boundaries of the construction site. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
             1. Surface roughening along slopes;
             2. Sediment basins and traps;
             3. Level spreaders;
             4. Erosion control blankets;
             5. Turf reinforcement mats;
             6. Riprap; and
             7. Staging and/or phasing of the construction sequence.
       2. Control Discharges. Control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion during construction activity.
          1. Stormwater Volume Discharge Control must be accomplished during construction activities to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
             1. Surface outlets; and
             2. Water quantity storage within impoundments.
          2. Peak Flow Rate Discharge Control must be accomplished during construction activities to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. This can be accomplished through the use of various BMPs and techniques including, but not limited to, the following:
             1. Energy dissipaters;
             2. Level spreaders;
             3. Riprap aprons;
             4. Erosion control blankets; and
             5. Turf reinforcement mats.
       3. Soil Exposure. Minimize the amount of soil exposed during construction activity.
          1. Implement a phased stormwater management plan that limits the amount of exposed soil during construction by outlining the LOD for each phase and by labeling areas that are not to be disturbed throughout the course of construction activities or until a later phase of construction activities.
          2. Outline the LOD on the construction plans and label areas within the construction site that are not to be disturbed.
          3. Stabilize exposed areas as soon as practical to limit the duration of large areas of exposed soil.
          4. Implement temporary seeding techniques.
       4. Steep Slopes. Minimize the disturbance of existing steep slopes (i.e., slopes of 30 percent (~3H:1V) or greater), unless infeasible. If steep slopes must be disturbed, or are created through grading activities, the C-SWPPP must:
          1. Divert flows around steep slope disturbances. Divert concentrated or channelized flows of stormwater away from and around areas of disturbance having steep slopes;
          2. Use BMP Controls. Use appropriate erosion prevention and sediment control BMPs such as permanent seeding with soil binders, erosion control blankets, surface roughening, continuous slope length reduction through terracing or diversions, gradient terraces, interceptor dikes and swales, grass-lined channels, pipe slope drains, subsurface drains, level spreaders, rock ditch checks, seep berms, and sediment dikes; and
          3. Stabilize Promptly. Initiate stabilization measures on any exposed steep slope area where land disturbing activities have permanently or temporarily ceased, and will not resume for a period of seven calendar days.
       5. Sediment Discharges. Minimize sediment discharges from the site during construction activity. The design, installation, and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity, and duration of precipitation, the nature of the resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the construction site, while minimizing sediment discharges to the maximum extent practical;
       6. Natural Buffers. Provide and maintain natural buffers around surface waters and, after stormwater runoff is treated by the construction site’s BMPs, direct the construction site discharges into these vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible, as set out in Subsection D., above, during construction activity; and
       7. Minimize soil compaction and, unless infeasible, preserve topsoil.
    2. Soil Stabilization. Permittees are required to initiate stabilization measures as soon as practicable whenever any clearing, grading, excavating, or other earth disturbing activities have permanently or temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed as soon as practicable. For areas where initiating stabilization measures is infeasible (e.g., where snow cover, frozen ground, or drought conditions preclude stabilization), initiate vegetative or non-vegetative stabilization measures as soon as practicable.
    3. Trenches and Excavations Dewatering. Permittees are required to minimize the discharge of pollutants from dewatering trenches and excavations. Discharges are prohibited unless managed by appropriate BMPs for stormwater and non-stormwater discharges.
    4. Pollutant Discharge Minimization During Construction Activity. Permittees are required to design, install, implement, and maintain effective pollution prevention measures to minimize the discharge of pollutants during construction activity. At a minimum, such measures must be designed, installed, implemented, and maintained to:
       1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge;
       2. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste and other materials present on the site to precipitation and to stormwater; and
       3. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.
    5. Prohibited Discharges. The following discharges from sites are prohibited:
       1. Wastewater from washout of concrete, unless managed by an appropriate control;
       2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials;
       3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and
       4. Soaps or solvents used in vehicle and equipment washing.
11. Management of Non-Stormwater Discharges.
    1. The C-SWPPP must identify all allowable sources of non-stormwater discharges, except for flows from firefighting activities that are combined with stormwater discharges associated with construction activity at the site. Non-stormwater discharges should be eliminated or reduced to the extent where these discharges shall not cause or contribute to violations of water quality standards.
    2. The C-SWPPP must identify and ensure the implementation of appropriate pollution prevention measures for the non-stormwater component(s) of the discharge.
12. Documentation of Permit Eligibility Related to Total Maximum Daily Loads (TMDLs). For construction sites with stormwater discharges to a receiving water that is identified as being impaired or has an EPA established or approved TMDL, the following requirements must be addressed by the C-SWPPP.
    1. Receiving Water with TMDLs. If a TMDL, that is applicable to stormwater construction discharges, has been established and is in effect for any receiving waters downstream of a construction site, then the C-SWPPP must address the following:
       1. Include documentation supporting a determination of permit eligibility with regard to waters that have a TMDL that is effective and applicable to stormwater construction discharges;
       2. Include documentation of whether the construction site’s stormwater discharge is identified, either specifically or generally, in a TMDL and if there is any associated allocations, requirements, and assumptions identified for the construction site’s discharge;
       3. Identify if a specific Waste Load Allocation (WLA) has been established that would apply to the construction site's stormwater discharges, and incorporate that allocation into the stormwater management plan by implementing any necessary steps and/or BMPs to meet that allocation; and
       4. Identify measures to be taken by the operator so that the construction site’s discharge of pollutants is consistent with the allocations, assumptions, and requirements contained in the TMDL, only the pollutants applicable to stormwater discharges, including any specific WLA that has been established.
    2. Receiving Waters with Impairments. If the receiving water is listed on the most current South Carolina 303(d) List of Impaired Waters, the C-SWPPP must be developed so that any stormwater discharges from the construction site do not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard. For receiving waters listed for a sediment or a sediment-related parameter (i.e., BIO (macro invertebrate), turbidity, total phosphorous and total nitrogen, chlorophyll-a) the C-SWPPP must address the following:
       1. Carefully evaluate all selected BMPs and their performance such that the construction site’s stormwater discharges will not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard.
       2. For construction sites that disturb 25 acres or more and which have stormwater discharges draining directly to an impaired water body via structures or ditches, the C-SWPPP must contain a written quantitative and qualitative assessment that the BMPs selected will control the construction site's stormwater discharges so that they will not cause, have the reasonable potential to cause, or contribute to an excursion above any state water quality standard.

Effective on: 1/1/1901

1. Requirement for Drainage System. Every development shall have adequate drainage system improvements that are designed by a registered professional engineer and constructed by the subdivider/developer to provide for the proper drainage of surface water of the development and the drainage area of which it is a part, to permit the unimpeded flow of natural watercourses, and to provide positive drainage away from on-site sewage disposal facilities. The subdivider/developer's responsibility includes the drainage facilities necessary to discharge stormwater runoff to an existing facility that is capable of receiving such runoff with no adverse effects.
2. Inspection. Sufficient inspections shall be made to ensure compliance with the specifications set forth in this Division. A registered professional engineer, employed by the subdivider/developer and approved by the  Engineering Division of the City of Florence, shall certify in writing to the Engineering Division of the City of Florence that such engineer has inspected each phase of the construction of the storm drainage improvements required in this Division and the inspection certification shall meet the terms of this Division. The , Engineering Division of the City of Florence, however, may make a final inspection of the improvements before accepting the improvements for dedication to the City for permanent maintenance.
3. Site Runoff. Drainage systems shall be designed to avoid problems which may arise from concentration of stormwater runoff onto adjacent developed or undeveloped properties.
4. Anticipated Peak Discharges. Storm drainage facilities shall be designed to address:
   1. The anticipated peak discharge from the property being developed; and
   2. The anticipated increase in runoff that will occur when all property at a higher elevation in the same drainage area is fully developed.
5. Connection to Underground Facilities. In those instances when underground piped storm drainage facilities are reasonably accessible to the proposed development, the subdivider/developer shall connect the on-site drainage system to the City's system based on standard storm drainage design practices or other special design standards deemed necessary by the  Engineering Division of the City of Florence.
6. Volume Reduction Strategies. The system shall be designed to prevent the off-site discharge of the first one inch of rainfall from a 24-hour storm preceded by 48 hours of no measureable precipitation. The following volume reduction strategies may be used if they meet the standards of Section 4-12.4.5, Post-Construction BMP Standards:
   1. Canopy interception;
   2. Soil amendments;
   3. Evaporation;
   4. Rainfall harvesting;
   5. Engineered infiltration;
   6. Extended infiltration;
   7. Evapotranspiration; or
   8. Any combination of the above.
7. Use of Stormwater Detention Vaults. Sites that meet the following conditions shall be exempt from the provisions of Section 4-12.4.5, Post Construction BMP Standards, and therefore, are permitted to have underground stormwater detention vaults:
   1. Sites that are located in the CBD or RU districts; and
   2. Where the  Engineering Division of the City of Florence has determined that the site has insufficient space to infiltrate the runoff or to have a surface detention area.
8. Flood Damage Prevention (See Division 4-12.6, Flood Prevention).
   1. An adequate drainage system shall be provided for the proper drainage of all surface water according to the provisions of this Unified Development Ordinance. All subdivision proposals shall be consistent with the need to minimize flood damage and the impact that runoff has on adjacent water bodies.
   2. All subdivision proposals shall have public utilities and facilities including, but not limited to, sewer, stormwater, gas, electrical, and water systems located and constructed to minimize flood damage.
   3. No subdivision of land shall be approved or variance to these regulations granted by the City or the Planning Commission unless it meets all of the requirements for flood hazard protection.

Effective on: 1/15/2018

1. Basic Drainage System. The basic drainage system consists of streets, which shall be provided with an adequate storm drainage system as approved by the City of Florence.
   1. All streets shall be designed to carry the stormwater drainage of the street itself, as well as the adjacent property.
   2. Curb drainage inlets, if utilized, shall be provided at appropriate intervals along streets with curb and gutter drainage facilities. These inlets shall connect to storm sewers and a drainage inlet structure with a protective grating, which shall be installed in accordance with standards and specifications of the South Carolina Department of Highways and Public Transportation. Inlet spacing and capacity shall be adequate to limit the spread of water into the street and to maintain pedestrian walks and street crosswalks free of standing water.
   3. Where driveways connect to existing streets with ditch drainage facilities, a culvert shall be provided under the driveway as required by the  Engineering Division of the City of Florence. The size and construction of the culvert shall conform to the standards and specifications of the South Carolina Department of Highways and Public Transportation.
   4. All streets having curb and gutter on which stormwater flows across intersections and/or driveways shall be provided with suitable cross-gutters at these intersections and driveways.
2. Off-Street Drainage. The design of an off-street drainage system shall include the watershed affecting the subdivision or development and shall be extended to a watercourse or ditch adequate to receive the storm drainage. The system shall be designed in accordance with the following requirements:
   1. When the drainage system is outside of the street right-of-way, the subdivider/developer shall provide all required easements in accordance with Section 4-12.3.4, Drainage Easements. Open ditch drainage may be used, provided that the ditches are "V-shaped" ditches with side slopes not exceeding a 1:3 ratio (one vertical to three horizontal feet) and a maximum depth of two feet.
   2. Where open ditches meeting these requirements are not adequate to provide satisfactory storm drainage, an underground piped system shall be installed and protected from erosion by either sodding or seeding as required by the  Engineering Division of the City of Florence.
   3. No open storm drainage course shall be permitted within 75 feet of the rear or side of a building, as measured from the nearest building wall to the nearest edge of the drainage facility, unless it is demonstrated to the Engineering Division of the City of Florence that the building and its site improvement will not in any way be jeopardized by flooding or erosion.
   4. Off-street drainage from private parking lots or other buildings, sites, or uses shall be channeled to and collected at one or more catch basins located on the property of the development and piped underground to any reasonably accessible storm drainage facility. Surface runoff shall not be allowed to flow over public sidewalks.

Effective on: 1/15/2018

1. Where Required. Generally, detention basins are required for all parcels proposed for development except:
   1. Individual single and two-family residential lots;
   2. In the CBD district; or
   3. Where waived by the Engineering Division of the City of Florence because provisions are committed or already in place that are appropriate for runoff management.
2. General Design Requirements.
   1. Detention basins shall be designed with consideration for:
      1. The welfare of the residents who live in the vicinity; and
      2. The safety of those who might be attracted to the facility.
   2. Basins and their appurtenances shall be designed to:
      1. Require minimum maintenance;
      2. Include slopes that are flat enough for safe walking and mowing; and
      3. Accommodate uses other than detention, such as recreation, man-made wetlands, or other similar uses.
   3. The use of fences shall be kept to the minimum necessary to:
      1. Provide for public safety; or
      2. Address a demonstrated security need.
   4. The basin shall be attractively designed, to include the following attributes:
      1. Varying slopes;
      2. Avoidance of straight lines;
      3. Avoidance of exposed concrete of more than 12 inches in height or width;
      4. Avoidance of man-made retaining materials such as rail-road ties or metal;
      5. Inclusion of long sweeping curves that make the facility appear to be natural and part of the landscape; and
      6. Landscaping with trees and shrubs appropriate to the location and hydrology.
   5. Forebays shall be included to capture solids before they enter the basin.
   6. The slope of the banks of detention basins shall not exceed one foot of rise to each four feet of run.
3. Storage Volume and Discharge Rate.
   1. Detention basins shall provide a storage volume that is adequate to accommodate the runoff from the developed site that results from a storm event that has a 100-year frequency.
   2. Discharge control structures shall be designed as a multi-staged facility, reducing the discharges from rainfall ranging from the highest frequency of recurrence to the lowest.
   3. The discharge resulting from an event with a 100-year frequency of recurrence shall not exceed the runoff from the undeveloped results from a storm with a two-year frequency.
4. Dry Bottom Basins.
   1. Dry bottom basins shall be designed so that the runoff from the rain events with the highest frequency recurrence (first flush) are captured with detention times appropriate for the greatest water benefits.
   2. Paved low flow channels are prohibited.
5. Wet Bottom Basins.
   1. The following shall be provided:
      1. Weed control;
      2. Algae control;
      3. Erosion control at the shore line; and
      4. Maintenance of the supplemental water supply equipment.
   2. The basins shall be designed to provide a permanent water depth that is adequate to:
      1. Retard weed growth; and
      2. Sustain aquatic life.
   3. Walkways shall be provided around the perimeter of the basin to allow for recreation and access for weed control and emergency response.
   4. The ground slopes below pool level shall be at or near a zero percent slope.
   5. Shoreline bank protection shall include one of the following (or a combination of):
      1. The use of a vegetated buffer at the water's edge that extends into the water; or
      2. If the Director of Utilities finds that such design is impracticable, hardscape may be permitted.
6. Paved Area Basins.
   1. Paved areas such as parking lots may be used for detention basins where the   Engineering Division of the City of Florence determines that they contribute to the function of the overall storm water management system for the proposed development, and there is no practicable alternative to their use.
   2. The basins shall be designed so that the maximum stored water depth will not cause damage to vehicles or adjacent property.
7. Underground Basins.
   1. Underground detention basins, where permitted, shall be designed using vaults, pipe networks, or other means that allow access for inspection, cleaning, and maintenance.
   2. Storage of runoff in the voids of aggregate beds is not permitted.
8. Discharge Control Structure and Overflow.
   1. Discharge control structures shall be designed to be safe and easily maintained.
   2. The design shall:
      1. Not subject the structure to clogging with debris;
      2. Provide for the storage from the runoff generated by storm events with the greater frequencies of recurrence, as well as major storms.
      3. Manual operation of primary valves or gates associated with normal operations is not permitted. Manual gates and valves are permitted to facilitate routine maintenance operations or emergency drawdown.

Effective on: 1/15/2018

1. Easement Sizing. Drainage easements shall be provided for all drainage facilities in accordance with the following criteria:
   1. Where development is traversed by a drainage facility, adequate areas for storm drainage, including ponding, shall be allocated, conforming substantially to the lines of the drainage facility and of sufficient width to convey storm drainage and provide adequate space for proper maintenance and improvement of the drainage facility.
   2. Adequate access for maintenance and equipment shall be provided.
   3. Generally, for underground storm drainage, the minimum width of the easement shall be the greater of 20 feet or the outside diameter of the pipe calculated in feet, plus an additional eight feet on each side of the pipe (e.g. an eight inch pipe is calculated to require an eight foot easement width, plus eight feet on each side of the pipe for a total easement width of 24 feet). Where open, improved (paved or unpaved) drainage channels are permitted, the width of the easement shall be a minimum of three feet on one side of the channel, plus the width of the channel at ground level, and 15 feet on the opposite side of the channel. This easement width is to allow equipment to enter for maintenance operations. Depending on the design of the paved channel, this requirement may be reduced to not less than 10 feet on one side of the channel.
2. Location Changes. The location of any surface or underground drainage facilities shall not be changed without the approval of the  Engineering Division of the City of Florence.

Effective on: 1/15/2018

All natural primary and/or major drainage channels that are located within or immediately adjacent to the property line of an improvement, development, or subdivision shall be protected and improved by the subdivider/developer as follows:

1. Capacity. The existing channel lying within or adjacent to the property line of an improvement, development, or subdivision of land proposed for development or redevelopment shall have sufficient capacity to convey the 50-year frequency rainfall event through the site without hydraulic impact to existing development or proposed improvements within the subject property or directly adjacent properties. Additionally, the developer shall provide an engineer’s certification that proposed improvements will not adversely impact the 50-year floodplain on the adjacent downstream property.
2. Building Pad Grading. Site improvement shall provide for the grading of all building pads to an elevation where no building pad will be subject to overflow or inundation from a 100-year frequency flood, and in a manner that will provide for a rapid runoff of storm water.
3. Bank Protection. Whenever channel improvements are carried out, sodding, back-sloping, cribbing, and other bank protection methods shall be designed and constructed to control erosion for the anticipated conditions and flow resulting from a 50-year frequency rainfall.
4. Location in Street Right-of-Way. An existing natural drainage channel shall not be located within street right-of-way unless it is placed in an enclosed storm sewer, except under the following conditions:
   1. Where at least a two-lane paved street surface is provided on both sides of a paved channel so as to provide access to abutting properties; and
   2. When a condition exists as outlined above, adequate right-of-way is dedicated to provide for maintenance of the paved drainage channel.
5. Drainage Structures. Culverts, bridges, and other drainage structures shall be constructed in accordance with the specifications and design criteria of the City when the City will have present or future maintenance responsibility.
6. Separation of Open Drainage from Buildings. No open, natural storm drainage course shall be permitted within 75 feet of the rear or side of a building as measured from the nearest building wall to the nearest edge of the drainage facility, unless it is demonstrated to the Director of Utilities that the building and its site improvement will not in any way be jeopardized by flooding or erosion.
7. Developments.
   1. Residential. In single-family residential, duplex, or apartment/townhouse/condominium development, site grading shall be carried out in such a manner that surface water from each dwelling lot will flow directly to a storm sewer, sodded swale, or paved street without crossing more than four adjacent lots in overland flow and with no adverse effects to adjacent property.
   2. Nonresidential. In commercial, industrial, and institutional development, roofs, paved area, yards, courts, and courtyards shall be drained into a storm sewer system.
8. Surface Water on Streets. Surface water collected on streets shall be directed to the stormwater conveyance system in such a manner as to prevent runoff detention exceeding the crown of the roadway during a  25-year frequency rain for the area and grades involved. Design frequency may vary with the classification of street, highway, or land use in the area. The drainage area permitted for surface flow on streets at the point of diversion shall not exceed 20 acres, regardless of flow.
9. Easement Widths. Drainage easements of a satisfactory width to provide working room for construction and maintenance shall be provided for all storm sewers as set out in Section 4-12.3.4, Drainage Easements.

Effective on: 1/15/2018

All major channels that are located outside the floodplain area as defined by the Federal Emergency Management Agency's (FEMAs) flood insurance study and maps, or the U.S. Army Corps of Engineers, whichever is most appropriate for the situation, and which are located within or immediately adjacent to an improvement, development, or subdivision shall be protected and improved by the subdivider/developer as follows:

1. The existing channel shall be cleaned to provide a free flow of water, as well as straightened, widened, levied or diked, or otherwise improved to the extent required to prevent overflow from a 50-year frequency flood; and
2. Site improvements shall be in accordance with the provisions of this Unified Development Ordinance.

Effective on: 1/1/1901

1. Water Flow Across Roadways. All flow of water across continuous streets or alleys shall be through culverts or bridges.
2. Sizing. Bridges and culverts shall be sized to accommodate a 50-year frequency rain.
3. Design. Design of bridges and culverts shall conform to construction specifications of the City and South Carolina Department of Highways and Public Transportation, and approved by the City Engineer.

Effective on: 1/1/1901

1. Materials. Closed storm sewers shall be constructed of pre-cast, prefabricated pipe, or built in place of closed box design to conform to the construction specifications of the City and the South Carolina Department of Highways and Public Transportation.
2. Sizing. Sizing shall be calculated by the "Manning Formula", as set out in Section 7-24.2.6, Streamflow and Runoff. However, storm sewers carrying runoff from streets may be designed to serve the design frequency rainfall for the drainage area involved, provided that overflow from a 100-year frequency rainfall can reach a suitable outlet without inundating any building pad.

Effective on: 1/1/1901

1. City Specifications. Open paved storm drainage channels shall be constructed in accordance with City specifications.
2. Side Slopes. Side slopes above the paved section shall be shaped and sodded on a slope of 3:1 (three horizontal feet to one vertical foot), or flatter.
3. Fences. Fences shall not be located any more than one foot (measured horizontally) from the right-of-way/easement line as set out in Section 4-12.3.4, Drainage Easements.

Effective on: 1/1/1901

The City reserves the right to require improvements to preclude the inundation of any off-site areas and those outside of the dedicated drainage easements in a subdivision or development as a result of a 50-year frequency flood.

Effective on: 1/1/1901

Any existing man-made waterway over two feet in depth shall be piped at the time of development.

Effective on: 1/1/1901

Where questions exist regarding the suitability of soils for a proposed development, the Engineering Division of the City of Florence reserves the right to require the developer to provide a report and certification of soil suitability from a qualified soils engineer.

Effective on: 1/15/2018

1. Maximum Slope. All changes in the natural grade of the land shall be appropriately sloped to make a gradual 10 percent or less slope transition to adjoining property.
2. Retaining Walls.
   1. Structural Retaining Walls. Structural retaining walls may be constructed no closer to the property line than 75 percent of the required building setback distance. This standard will not apply to the front setback line.
   2. Minor Retaining Walls. Minor retaining walls (two feet or less) used as landscape elements may be constructed anywhere within the building setback lines.
3. Pollution Prevention. Site grading shall:
   1. Facilitate on-site pollution prevention;
   2. Facilitate the use of low impact developments;
   3. Restrict stormwater volume and velocity; and
   4. Restrict disturbance of slopes.

Effective on: 1/1/1901

1. Conference Required. A pre-construction conference must be held for each construction project or site with an approved On-Site Stormwater Pollution Prevention Plan (OS-SWPPP). Each contractor, subcontractor, blanket utility provider, etc., who will work at a site must attend this conference in person. The primary purpose of this conference is for:
   1. The preparer of the SWPPP or someone with a registration equivalent to that of the preparer of the SWPPP; and/or
   2. The person with operational control of the plans and specifications (the Primary or Secondary Permittee) or their duly authorized representative (as set out in Section 122.22(b) of S.C. Regulation 61-9).
   3. Review and explanation of the OS-SWPPP so that all are aware of the requirements before they start performing construction-related (land disturbing) activities that may affect the implementation of the approved OS-SWPPP. This conference may be held simultaneously with all contractors and builders present or may be conducted separately with one or more contractors, subcontractors, etc. present.
2. Linear Projects. Linear construction of roads or utilities (such as roads and utility construction including electrical power lines, gas lines, main sewer trunk lines, and water distribution lines) that are not part of an LCP (i.e., subdivision or other type of development) are considered to be linear construction projects or linear construction sites under the permit. Linear construction performed as a part of or within an LCP project or site, is considered to be linear construction activities under the permit and not linear construction projects or sites.
3. Location Requirements. Pre-construction conference location requirements are defined below.
   1. For non-linear construction projects/sites that disturb 10 acres or more, the pre-construction conference must be held on-site unless it is justified in the SWPPP and approved by DHEC to conduct the conference off-site.
   2. For non-linear construction projects/sites that disturb less than 10 acres, conferences may be held off-site unless specifically required in writing or as a condition of the approved OS-SWPPP by DHEC or the respective MS4 to be conducted on-site.
   3. For linear construction projects/sites that are not part of an LCP, subdivision, or other type of development, conferences may be held off-site unless specifically required in writing or as a condition of the approved OS-SWPPP by DHEC or the respective MS4 to be conducted on-site.
   4. For linear construction activities (within an LCP), conferences must be held in accordance with disturbed area (<10 acres or > 10 acres) criterion established for non-linear projects/sites in Items 1 and 2 above.
   5. In addition, person(s) conducting the conference (owner/operator) may choose, at their discretion, to hold a conference normally held off-site, on-site.
4. Modifications. Each pre-construction conference must also specifically address Section 4-12.2.7, Modifications, detailing how each type of modification, major and minor, will be addressed and processed at the construction site to maintain compliance with the permit.
5. Documentation. Persons conducting this conference must document each contractor, subcontractor, blanket utility, etc., attending the conference. This documentation must be maintained with the OS-SWPPP and include dates, locations, times, as well as, identification of those in attendance.

Effective on: 1/1/1901

1. Scope. Construction site inspections are to be conducted on a routine basis, as outlined in Subsection B., below, and must include all areas disturbed by construction activity, including perimeter BMPs and areas used for storage of materials that are exposed to precipitation. Each inspection must look for the evidence of, or the potential for, inefficiencies within the implemented OS-SWPPP, whether the inefficiencies are a direct result of improper design, installation, or maintenance, by inspecting, at a minimum, the following:
   1. All areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation;
   2. All stormwater conveyance systems for any evidence of, or the potential for, pollutants entering these systems;
   3. All BMPs identified in the OS-SWPPP;
   4. All discharge locations to ascertain whether the implemented BMPs are effective in preventing the discharge of sediment from the site. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable; and
   5. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking.

1. If inspection responsibilities are not shared between the Primary and Secondary Permittees, each secondary Permittee must provide their own inspections for the portions of the site for which their coverage includes.

2. Frequency. After construction activities begin, inspections must be conducted at a minimum of at least once every calendar week and must be conducted until final stabilization is reached on all areas of the construction site. An inspection is recommended within 24 hours of the end of a storm event of 0.5 inches or greater. On a case-by-case basis, DHEC may require any Permittee who has coverage under this CGP to conduct inspections on a more frequent basis than prescribed in this CGP. Examples include, but are not limited to, Permittees who have compliance problems and Permittees whose construction site’s stormwater discharges to Level I or Level II water bodies.
   Inspection frequencies for portions of the construction site that have reached temporary or final stabilization may be reduced to at least once every month, as long as the stabilization is maintained and there is no additional disturbance in these areas. Once a definable area has reached final stabilization, the Permittee may mark this on the OS-SWPPP and no further inspection requirements apply to that portion of the site (e.g., land disturbing activities around one of three buildings in a complex are completed and the disturbed area has reached final stabilization, one mile of a roadway or pipeline project is completed and the disturbed area has reached final stabilization, etc.). Inspection of common BMPs, such as sediment basins, sediment traps, may be required to resume if areas that drain to them become disturbed during future construction.
3. Linear Site Inspection Frequency. Utility line installation, pipeline construction, and other examples of long, narrow, linear construction activities may limit the access of inspection personnel to the areas described in Subsection A., above. Inspection of these areas could require that vehicles compromise temporarily or even permanently stabilized areas, cause additional disturbance of soils, and increase the potential for erosion. In these circumstances, controls must be inspected on the same frequencies as other construction projects, but representative inspections may be performed. For representative inspections, personnel must inspect controls along the construction site for 0.25 mile above and below each access point where a roadway, undisturbed right-of-way, or other similar feature intersects the construction site and allows access to the areas described above. The conditions of the controls along each inspected 0.25 mile segment may be considered as representative of the condition of controls along that reach extending from the end of the 0.25 mile segments to either the end of the next 0.25 mile inspected segment, or to the end of the construction site, whichever occurs first. Representative inspections must include any areas where stormwater discharges to Level I or Level II water bodies.
4. Rain Gauge. Permittees shall either maintain an on-site rain gauge or use data from a certified weather record (such as a personal weather station or an airport) located within a reasonable proximity of the construction site, to record rainfall records from any significant rainfall event, 0.5 inches or greater. These recorded rainfall amounts must be maintained in a rain log located in the OS-SWPPP. Rainfall records for the day of an inspection and any significant rainfall events since the last inspection must be reported on each weekly inspection report.
5. Inspector Qualifications. Inspections must be conducted by qualified personnel (provided by the Permittee) as outlined by the following:
   1. For projects that disturb more than one acre, “qualified personnel” means a person knowledgeable in the principles and practice of erosion and sediment controls who possesses the skills to assess conditions at the construction site that could impact stormwater quality and to assess the effectiveness of any BMPs selected to control the quality of stormwater discharges from the construction site. This person must be either the preparer of the C-SWPPP or an individual who is under the direct supervision of the preparer of the approved C-SWPPP and who meets the requirements in this paragraph or an individual who has been certified through a construction site inspector certification course that has been approved by DHEC. Inspections may also be conducted by a person with a registration equivalent to the registration of the preparer of the C-SWPPP and who meets the qualifications of this paragraph or an individual who is under the direct supervision of the person with an equivalent registration and who meets the requirements in this paragraph.
   2. For Projects that disturb one acre or less, and that are not part of an LCP, the Permittee, or a designee, may perform these inspections provided the preparer of the C-SWPPP or someone with a registration equivalent to that of the preparer of the C-SWPPP explains the OS-SWPPP, including implementation along with the inspection requirements to the person who will be conducting the inspections.
   3. The City reserves the right to require that inspections be performed by an inspector meeting the requirements of 1., above for construction sites less than one acre in size that drain to Level I or Level II water bodies.
6. Inspection Reports. For each inspection required above, the Permittee must complete an inspection report. At a minimum, the inspection report must include:
   1. The inspection date;
   2. Names, titles, and, if not previously given in an inspection report, the qualifications of personnel making the inspection, unless those qualifications change;
   3. Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether the Permittee knows if any discharges occurred. At the very least, the total rainfall (in inches) since the time of the last inspection must be recorded;
   4. Weather information and a description of any discharges occurring at the time of the inspection;
   5. Location(s) of discharges of sediment or other pollutants from the site;
   6. Location(s) of BMPs that need maintenance;
   7. Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;
   8. Location(s) where additional BMPs are needed that did not exist at the time of inspection;
   9. Corrective action required including any changes to the OS-SWPPP necessary and implementation dates;
   10. Site name, operator name, and permit number; and
   11. Verification that all BMPs and stormwater controls identified in the OS-SWPPP have been installed and are operating as designed.
7. Monthly Reports. On a case-by-case basis, DHEC may require that the Permittee submit a monthly report summarizing the inspections at the site and any associated maintenance activity.
8. Inspection Records. A record of each inspection and of any actions taken in accordance with this Section must be retained as part of the OS-SWPPP for at least three years from the date that permit coverage expires or is terminated. The qualified inspector, as identified in Subsection E., above, must sign the inspection report. Inspectors employed by the Primary Permittee retain the authority to inspect, report, and document areas of the construction site that are under direct control of the Secondary Permittee, but only when a lack of compliance by the Secondary Permittee inhibits the Primary Permittee’s ability to maintain compliance with the overall OS-SWPPP or the permit.

Effective on: 1/1/1901

1. Performance Requirements. Stormwater discharges from construction activities shall not cause or threaten to cause pollution, contamination, or degradation of the waters of the state. BMPs shall be implemented on construction sites as follows:
   1. BMP Design Criteria. The selection, design, installation, and maintenance of appropriate construction BMPs must be in accordance with the latest revision of the Stormwater Management BMP Handbook published by DHEC.
   2. Timing of Installation and Removal of Erosion Control Facilities.
      1. All temporary and permanent erosion control facilities to be used during construction shall be installed before construction commences.
      2. Temporary soil erosion control facilities shall be removed and earth disturbance areas graded, tilled to mitigate compaction, and stabilized with permanent erosion control measures pursuant to the standards and specifications prescribed in accordance with the provisions of the latest revision of the Stormwater Management BMP Handbook published by DHEC.
      3. All temporary stormwater quality control measures shall be removed after work on the site has been completed and the measures are no longer needed.
   3. Erosion Control Standards.
      1. Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site.
      2. All earth disturbances shall be designed, constructed, and completed in such manner as to limit the period of exposure of disturbed land to the shortest possible period of time.
      3. Any temporary or permanent facility used to convey water around, through or from the earth disturbance area shall slow the water flow to a non-erosive velocity.
      4. Temporary sediment traps may be required in areas where runoff exits the lot or parcel proposed for development, and is likely to carry sediment from eroded soils. The temporary traps shall be sized proportionately with the expected flow rate from the site.
      5. Ingress and egress to the lot or parcel proposed for development shall be by way of coarse stone drive(s) of sufficient length to cause soil picked up by the tires of vehicles

         to be dropped before the vehicle enters the roadway. For single family and duplex home sites, the stone drive shall coincide with the final location of the drive to the residence.

      6. Drain inlets and entrances to culverts shall be protected with silt fencing or alternative erosion control device as approved by the City.
      7. All disturbed ground left inactive for a period of 21 days shall be seeded, sodded, or stabilized with mulch or an equivalent, approved groundcover.
      8. Storage piles of soil left for longer than three days shall be completely encircled with silt fence. If left inactive or unused for longer than 21 days the storage pile shall be seeded, sodded, or covered with a mulching fabric or tarpaulins.
      9. Stone check dams shall be used in open drainage courses to slow velocities of the runoff and allow sediment to drop out of the runoff.
      10. Silt fence shall be installed along the down slope edges of all disturbed areas on the site. Silt fence shall be installed at the edges of pavements, adjoining properties, and open water courses whenever the adjacent ground slopes toward that street, adjoining property, or watercourse.
   4. Water Quality.
      1. Wastes that may cause adverse impacts to water quality shall be controlled. No chemicals may be added to any discharge unless the State grants permission for the use of a specific chemical and documentation of such permission is presented to the City before the discharge. Wastes include, but are not limited to:
         1. Discarded building materials;
         2. Concrete truck washout;
         3. Chemicals;
         4. Paint;
         5. Oils;
         6. Curing compounds;
         7. Fuels;
         8. Vehicle operation fluids;
         9. Concrete;
         10. Stucco;
         11. Soaps;
         12. Solvents;
         13. Litter; and
         14. Sanitary waste.
      2. Concrete wash water shall not be discharged off site or to waters of the state.
      3. All wash water shall be treated. Methods for treatment shall be submitted to the Department of Public Works and Utilities and shall comply with any conditions imposed by the Director of Public Works.
      4. Vehicle tracking of sediments from land disturbing activities onto paved public roads shall be minimized by utilizing the appropriate BMPs. If vehicle tracking of sediments occurs off-site, it shall be removed from City streets within 24 hours. Vehicle tracking on City streets shall not enter waters of the state.
      5. The bypass of treatment facilities is prohibited.
      6. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to contain all spills and prevent any spilled materials off-site and to waters of the state.
      7. Solids, sludges, or other pollutants removed in the course of treatment or control of wastewaters shall be properly disposed of in a manner to prevent any pollutants from entering waters of the state.
      8. All wastes composed of building materials must be removed from the site for disposal in licensed disposal facilities. No building material wastes or unused building materials shall be buried, dumped, or discharged at the construction site or on the parcel proposed for development.
      9. All discharges must comply with the lawful requirements of the City, Florence County, and other agencies regarding any discharges of stormwater off-site and to waters of the state.
2. Exempted Discharges. Discharges exempt from prohibitions that are combined with stormwater discharges associated with construction activity are authorized.
3. Soil Compaction and Stabilization. On commercial and industrial sites, the approved site plan shall clearly identify the area to be developed.
   1. Soil that is compacted within the development area that will be landscaped shall be tilled prior to the installation of landscaping.
   2. Areas that were used for construction staging that are not to be covered by landscaping or parking shall be returned to natural conditions.
   3. The development area shall be limited to the building footprint(s), parking, landscaping, and areas needed for construction staging.
   4. The remainder of the site shall remain undisturbed, and shall not be used for parking of equipment or vehicles. Soil outside of the development area shall not be compacted.
   5. Disturbed soils shall be stabilized with 14 days after the activity has ceased.
4. Responsibility of Construction Operator. During construction activities, the operator shall:
   1. Prevent damage to any public utilities or services within the limits of grading activities and along any routes of travel of the grading equipment;
   2. Ensure that grading does not endanger any adjoining parcel, building, lot, public street, sidewalk, or alley, or any other public or private property, through settling, cracking, or other damage which might result from grading activities that occur too close to property lines without appropriate safeguards in place;
   3. Carry out the proposed work in accordance with the approved SWPPP and in compliance with all requirements of this Unified Development Ordinance; and
   4. Within 24 hours of occurrence, remove all soil; miscellaneous debris; materials applied, dumped, or otherwise deposited on public streets, highways, sidewalks, or other public thoroughfares, or any other non-authorized offsite location.
5. Responsibilities of the Construction Operator for Related Activities. In addition to the actual construction activities, the following types of activities shall be monitored and mitigated by the operator for potential pollutant run-off:
   1. Loading and unloading operations;
   2. Outdoor storage activities;
   3. Vehicle and equipment maintenance and fueling;
   4. Significant dust or particulate generating processes; and
   5. On-site waste disposal practices.
6. Construction Operations Sequencing. The sequence of construction operations may be modified with prior approval by the Director of Public Works. At a minimum, these operations include:
   1. Clearing and grubbing those areas necessary for the installation of perimeter controls;
   2. Installation of sediment basins and traps;
   3. Construction or perimeter controls;
   4. Remaining clearing and grubbing;
   5. Road grading;
   6. Grading for the remainder of the site;
   7. Utility installation and whether storm drains will be used or blocked until after completion of construction;
   8. Final grading, landscaping, or stabilization; and
   9. Removal of sediment controls.
7. Work Involving Live Waterways. When work in a live waterway is performed such as utility or road crossing, the appropriate BMPs shall be utilized to minimize encroachment, protect the riparian buffer, control sediment transport, and stabilize the work area to the greatest extent possible during construction.

Effective on: 1/1/1901

1. Construction Maintenance. All BMPs and other protective measures identified in the OS-SWPPP must be maintained in effective operating condition. If site inspections required by Section 4-12.4.2, Inspections identify BMPs that are not operating effectively, maintenance must be performed within seven calendar days, before the next inspection, or as reasonably possible, and before the next storm event whenever practicable to maintain the continued effectiveness of stormwater controls. If periodic inspection or other information indicates that a BMP has been used inappropriately, or incorrectly, the Permittee must address the necessary replacement or modification required to correct the BMP within a time frame of 48 hours of identification. If existing BMPs need to be modified or if additional BMPs are necessary to comply with the requirements of the permit and/or S.C.’s Water Quality Standards, implementation must be completed before the next storm event whenever practicable. If implementation before the next storm event is impracticable, the situation must be documented in the OS-SWPPP and alternative BMPs must be implemented as soon as reasonably possible. Sediment from sediment traps or sedimentation basins must be removed as indicated in the OS-SWPPP or when the design capacity has been reduced by 50 percent, whichever occurs first. Sediment collected by silt fence, or another sediment control measure, must be removed when the deposited sediment reaches one-third of the height of the above-ground portion of these BMPs, or before it reaches a lower height based on the manufacturer's specifications.
2. Permanent Maintenance. Permanent stormwater management structures must be routinely maintained to operate per design. The City requires inclusion of a permanent stormwater management maintenance agreement and a maintenance plan to ensure proper operation. Provide a detailed proposed maintenance plan for permanent stormwater management structures proposed for the project in the narrative. The maintenance agreement and maintenance plan, when required, must be identified and located in the C-SWPPP.
3. Maintenance Agreements. Permanent stormwater management maintenance agreements must meet the following minimum information:
   1. Signed notarized agreement from the responsible party(ies) or individual(s) accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
   2. The City must be notified in writing of any changes in maintenance responsibility for the stormwater devices at the site (include this statement in agreement).
4. Maintenance Plans. All maintenance plans must meet the following minimum information:
   1. Description of maintenance plan to be used.
   2. Make sure that detailed or manufacturer-specific maintenance procedures are included for any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
   3. Identify each maintenance activity (e.g., inspection, mowing, removing debris, etc.) to be completed. Typical maintenance items to be addressed include but not limited to:
      1. Grass to be mowed;
      2. Trees to be removed from within the pond and on the embankment;
      3. Trash and sediment to be removed from inside of and around the pond outlet structure;
      4. Orifices to be cleaned and unclogged;
      5. Outlet pipe to be cleaned, inspected, and repaired;
      6. Sediment accumulation to be removed from pond;
      7. Pond bottom to be regraded to provide proper drainage towards the outlet discharge point;
      8. Energy dissipator to be cleaned and repaired;
      9. Emergency spillway, if applicable, to be inspected and repaired; and
      10. Erosion on side slopes, if present, to be addressed.
   4. Schedule or frequency for completing each maintenance activity of maintenance procedures (e.g., every six months).
5. Secondary Permittee Common BMP Maintenance Requirement. It shall be the responsibility of the Secondary Permittee to either maintain or coordinate the maintenance of any common stormwater BMPs, accepting stormwater discharges from any area associated with their work, with the Primary Permittee or the party responsible for permanent maintenance.

Effective on: 1/1/1901

1. Generally. New development and redevelopment projects for which a drainage study and report is required must address stormwater quality through the use of nonstructural and structural best management practices (BMPs) as set out in this Section.
2. Design Criteria. Criteria for water quality protection and the selection and design of appropriate BMPs for specific developments are set out in the latest revision of the Stormwater Management BMP Handbook published by DHEC and in this Article.
   1. BMPs selected must be designed and implemented according to specifications and the criteria of this Section and applicable portions of Division 4-12.2, Stormwater Pollution Prevention Plans (SWPPPs).
   2. For purposes of design and selection of BMPs, the following standards apply in addition to those listed in the latest revision of the Stormwater Management BMP Handbook published by DHEC.
      1. Structural BMPs shall be located on private property when possible. When so located, the BMP shall be owned and operated by the owner of the property on which the facility is located. As a condition of approval of the site plan or subdivision plat, the owner shall agree to operate and maintain the BMP to its design capacity unless or until the City relieves the property owner in writing of that responsibility. The obligation to maintain the BMP shall be noted on the subdivision plat or site plan or in a separate instrument acceptable to the City and shall be recorded in the office of the Florence County Clerk.
      2. When the BMP must be located within the public right-of-way or within property owned by the City, the City shall own, operate, and maintain the facility. The City may take measures to restrict flows from properties using the BMP and the owner of the property whose flow is restricted may be required to treat stormwater upon reasonable notice from the City.
3. Permanent Stormwater Management Requirements. Specific requirements for the permanent stormwater management portion of the SWPPP approval process may be modified by the City for a specific project or type of project, which shall contain the following items of information, as applicable:
   1. Stormwater Management.
      1. Stormwater management shall be addressed on a watershed basis to provide a cost-effective water quantity and water quality solution to the specific watershed problems. This Article provides general design requirements that must be adhered to in the absence of designated watershed specific criteria.
      2. All hydrologic computations shall be accomplished using a volume based hydrograph method acceptable to the City. The storm duration for computational purposes for this method shall be the 24-hour rainfall event, applicable NRCS distribution with a 0.1 hour burst duration time increment. The rational and/or modified rational methods are acceptable for sizing individual culverts or storm drains that are not part of a pipe network or system and do not have a contributing drainage area greater than 20 acres. The storm duration for computational purposes for this method shall be equal to the time of concentration of the contributing drainage area or a minimum of 0.1 hours, whichever is less.
      3. Stormwater management requirements for a specific project shall be based on the entire area to be developed, or if phased, the initial submittal shall control that area proposed in the initial phase and establish a procedure for total site control, as shown in the approved set of site specific development plans.
   2. Water Quantity. Water quantity control is an integral component of overall stormwater management. The following design criteria for flow control are established for water quantity control purposes:
      1. Post-development peak discharge rates shall not exceed pre-development discharge rates for the two-, 10- and 25-year frequency 24-hour duration storm event. The City may utilize a less frequent storm event (e.g. 50- or 100-year, 24-hour) to address existing or future stormwater quantity or quality problems.
      2. Discharge velocities shall be reduced to provide a non-erosive velocity flow from a structure, channel, or other control measure or the velocity of the 10-year, 24-hour storm runoff in the receiving waterway prior to the land disturbing activity, whichever is greater.
      3. Watersheds, including designated watersheds, which have well-documented water quantity problems, may have more stringent or modified design criteria as determined by the City.
   3. Water Quality. Water quality control is also an integral component of stormwater management. To provide adequate water quality protection, design must provide 24-hour detention of the first one inch of runoff from the entire site through the implementation of one or a combination of multiple treatment Best Management Practices (BMPs). The following design criteria are established for water quality protection unless a waiver or variance is granted on a case-by-case basis.
      1. When ponds are used for water quality protection, the ponds shall be designed as both quantity and quality control structures. Sediment storage volume shall be calculated considering the clean out and maintenance schedules specified by the designer during the land disturbing activity. Sediment storage volumes may be predicted by the universal soil loss equation or methods acceptable to the City.
      2. Stormwater runoff that drains to a single outlet from land disturbing activities which disturb 10 acres or more shall be controlled during the land disturbing activity by a sediment basin where sufficient space and other factors allow these controls to be used until the final inspection. The sediment basin shall be designed and constructed to accommodate the anticipated activity and meet a removal efficiency of 80 percent suspended solids or 0.5 ML/L peak settleable solids concentration, whichever is less. The outfall device or system design shall take into account the total drainage area flowing through the disturbed area to be served by the basin.
      3. Other practices may be acceptable to the City if they achieve an equivalent removal efficiency of 80 percent for suspended solids or 0.5 ML/L peak settable solids concentration, whichever is less. The efficiency shall be calculated for disturbed conditions for the 10-year, 24-hour design event.
      4. Permanent water quality ponds shall be designed to store and release the first inch of runoff from the entire site over a 24-hour period.
      5. Permanent infiltration practices, when used, shall be designed to accept, at a minimum, the first inch of runoff from all impervious areas.
      6. Riparian buffers and setbacks requirements to protect receiving water bodies shall be maintained as set out in Division 4-12.5, Riparian Buffers.
      7. Watersheds, including designated watersheds, which have been documented by the City or DHEC as impaired or have established total maximum daily loads (TMDLs), will have more stringent or modified design criteria as determined by the City.
      8. For sites with stormwater discharges to receiving water that are listed as impaired in South Carolina's 303(d) List of Impaired Waters the following requirements apply:
         1. If a TMDL that is applicable to stormwater construction discharges has been established and is in effect, the requirements set out in Section 6-21.5.6, Staff Review and Referral must be met.
         2. If a TMDL has not been established or is not in effect, the requirements outlined in Section 3.4, NPDES Permit for Large and Small Construction Activities set out in Appendix C, NPDES Requirements must be met.
   4. Ponds. Where ponds are the proposed method of control, the person responsible for the land disturbing activity shall submit to the City, when required, an analysis of the impacts of stormwater flows downstream in the watershed for the 10- and 100-year frequency storm events. The analysis shall include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed land disturbing activity, with and without the pond. The results of the analysis will determine the need to modify the pond design or to eliminate the pond requirement. Lacking a clearly defined downstream point of constriction, the downstream impacts shall be established, with the concurrence of the City.
   5. Wetlands. Where existing wetlands are intended as a component of an overall stormwater management system, the approved SWPPP shall not be implemented until all necessary federal and state permits have been obtained. Copies of the federal and state permits shall be furnished to the City.
   6. Conformance. Designs shall be in accordance with standards developed or approved by the City.
   7. Maintenance. Ease of maintenance must be considered as a site design component. Access to the stormwater management structure must be provided. A clear statement of defined maintenance responsibility shall be established during the plan review and approval process. Prior to any land disturbance activities, signed notarized agreements from the responsible party(ies) or individual(s) accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control device, underground detention structures, exfiltration systems and non-traditional stormwater controls must be submitted to and approved by the City.
   8. Infiltration. Infiltration practices have certain limitations on their use on certain sites. These limitations include the following items:
      1. Areas draining to these practices must be stabilized and vegetative filters established prior to runoff entering the system. Infiltration practices shall not be used if a suspended solids filter system does not accompany the practice. If vegetation is the intended filter, there shall be, at least a 20 foot length of vegetative filter prior to stormwater runoff entering the infiltration practice;
      2. The bottom of the infiltration practice shall be at least 0.5 feet above the seasonal high water table, whether perched or regional, determined by direct piezometer measurements, which can be demonstrated to be representative of the maximum height of the water table on an annual basis during years of normal precipitation, or by the depth in the soil at which mottling first occurs;
      3. The infiltration practice shall be designed to completely drain of water within 72 hours;
      4. Soils must have adequate permeability to allow water to infiltrate. Infiltration practices are limited to soils having an infiltration rate of at least 0.30 inches per hour. Initial consideration will be based on a review of the appropriate soil survey, and the survey may serve as a basis for rejection. On-site soil borings and textural classifications must be accomplished to verify the actual site and seasonal high water table conditions when infiltration is to be utilized;
      5. Infiltration practices greater than three feet deep shall be located at least 10 feet from basement walls;
      6. Infiltration practices designed to handle runoff from impervious parking areas shall be a minimum of 150 feet from any public or private water supply well;
      7. The design of an infiltration practice shall provide an overflow system with measures to provide a non-erosive velocity of flow along its length and at the outfall;
      8. The slope of the bottom of the infiltration practice shall not exceed five percent. Also, the practice shall not be installed in fill material as piping along the fill/natural ground interface may cause slope failure;
      9. An infiltration practice shall not be installed on or atop a slope whose natural angle of incline exceeds 20 percent;
      10. Clean outs will be provided at a minimum, every 100 feet along the infiltration practice to allow for access and maintenance.
   9. Regional Approach. A regional approach to stormwater management is an acceptable alternative to site-specific requirements and is encouraged.
4. Mosquitoes and Other Vectors. All stormwater management and sediment control practices shall be designed, constructed, and maintained with consideration for the proper control of mosquitoes and other vectors. Practices may include, but are not limited to:
   1. The bottom of retention and detention ponds shall be graded and have a slope not less than 0.5 percent.
   2. There shall be no depressions in a normally dry detention facility where water might pocket when the water level is receding.
   3. Normally dry detention systems and swales shall be designed to drain within three days.
   4. An aquatic weed control program should be utilized in permanently wet structures to prevent an overgrowth of vegetation in the pond. Manual harvesting is preferred.
   5. Fish may be stocked in permanently wet retention and detention ponds.
   6. Normally dry swales and detention pond bottoms shall be constructed with a gravel blanket or other measure to minimize the creation of tire ruts during maintenance activities.
5. Risk Analysis. Risk analysis may be used to justify a design storm event other than prescribed or to show that rate and volume control is detrimental to the hydrologic response of the basin and therefore, should not be required for a particular site. A complete watershed hydrologic/hydraulic analysis must be done using a complete model/procedure acceptable to the City. Based on the results of this type of evaluation, the City shall review and evaluate the proposed regulation waiver or change. The level of detail of data required is as follows:
   1. Watershed designation on the 7.5 minute topographic map exploded to a minimum of one inch = 400 feet.
   2. Design and performance data to evaluate the effects of any structures which affect discharge. Examples may be ponds or lakes, road crossings acting as attenuation structures, and others which must be taken into account.
   3. Land use data taken from the most recent aerial photograph and field checked and updated.
   4. The water surface profile plotted for the conditions of pre- and post-development for the 10- and 100-year, 24-hour storm.
   5. Elevations of any structure potentially damaged by resultant flow shall also be shown.
6. Inspections. After construction begins, inspections must be conducted at a minimum in accordance with Section 4-12.4.2, Inspections. These requirements must be included in the stormwater pollution prevention plan (SWPPP).
7. Maintenance.
   1. Maintenance during Construction. The applicant is responsible for maintenance and the preventive maintenance of all completed stormwater management practices to ensure proper functioning. The responsible inspection agency shall ensure preventive maintenance through inspection of all stormwater management practices.
   2. Maintenance Responsibilities after Development. Temporary and permanent erosion, sedimentation, and stormwater management facilities, once installed and after a final inspection has been completed, shall be maintained in one of the following manners:
      1. The owner of the property on which work has been done pursuant to this Article, or any other person or agent in control of such property, shall maintain in good condition and shall promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with the approved plan. These generally include private detention and retention facilities.

         The facilities to be maintained by the owner shall provide adequate access to permit City authorities to inspect and, if necessary, to take corrective action. If the owner or any other person or agent in control of such property fails to maintain properly the facilities for which he/she is responsible under the provisions of this Article, the City shall give such owner, person, or agent in control written notice describing specifically the deficiency. If the owner, person, or agent in control fails, within 10 days from the date of receipt of such notice, to take or commence corrective action, such owner, person, or agent shall be subject to the penalties adopted by the City.

      2. All facilities to be maintained by the City must be designed and constructed in accordance with the requirements of this Article and design standards as approved by the City. All facilities shall be dedicated to the City by deed with attached record drawings, after the City has accepted the conveyance of such facilities by appropriate action of the governing body. Such deed shall include sufficient ingress-egress easements to permit the City to properly maintain the facilities. These generally include public detention and retention facilities.
8. Off-Site Damage Correction. The following criteria shall be used by the City in evaluating and for correcting off-site damages resulting from the land disturbing activity:
   1. Determine the extent of damage by sediment resulting from noncompliance with the approved SWPPP;
   2. Determine the classification of the impaired water body, if any;
   3. For the purposes of administering this Article, off-site damages shall include any restrictions to flow or reduced flow/capacity of stormwater management devices that serve more than a single residential/commercial/industrial lot;
   4. Determine the impact and severity of the damage resulting from noncompliance with the approved SWPPP;
   5. Develop an agreement with landowners for cleanup and corrections, including a schedule of implementation;
   6. Evaluate the alternatives for correction of the damage and prevention of future damage; and
   7. Failure to implement the agreement in the required schedule will constitute a violation of these regulations.
9. Inspection and Enforcement.
   1. The person responsible for the land disturbing activity shall notify the City before initiation of construction. The City shall also be notified upon project completion, when a final inspection will be conducted to ensure compliance with the approved SWPPP.
   2. The person responsible for the land disturbing activity shall, if required by the City during the plan approval process, submit "As Built or Record Document" plans. In addition, the person responsible for Level II and III land disturbing activities shall be required to submit written certification from the professional engineer, landscape architect, or Tier B land surveyor responsible for the filed supervision of the land disturbing activity that the land disturbing activity was accomplished according to the approved SWPPP, or approved changes.
   3. During inspection, the City will ensure the following:
      1. Availability of the approved SWPPPs on the project site;
      2. Compliance with the approved SWPPPs;
      3. Documentation that every active site is inspected for compliance with the approved plan by the responsible parties on a regular basis;
      4. Provision of a written report to the person responsible for the land disturbing activity, if necessary, that describes:
         1. The date and location of the site inspection;
         2. Whether the approved plan has been properly implemented and maintained;
         3. Approved plan or practice deficiencies; and
         4. The action taken.
      5. Notification of the person responsible for the land disturbing activity in writing when violations are observed, describing the:
         1. Nature of the violation;
         2. Required corrective action; and
         3. Time period for violation correction.
   4. The City may require a revision to the approved plans, as necessary, due to differing site conditions. Where changes to the approved plan are necessary those changes shall be in accordance with the following:
      1. Major changes to approved SWPPPs, such as the addition or deletion of a sediment basin, shall be submitted by the applicant to the City for review.
      2. Minor changes to SWPPPs may be allowed if approved by the City and documented in the City's inspection report.
   5. The City shall inspect stormwater management construction as it deems necessary.
   6. The City may, in addition to its enforcement options, refer a site violation to DHEC for review.
   7. Referral of a site violation to DHEC may initiate an inspection of the site to verify site conditions. That construction inspection may result in the following actions:
      1. Notification through appropriate means to the person engaged in a land disturbing activity to comply with the approved plan within a specified time frame; and
      2. Notification of plan inadequacy, with a timeframe for the person engaged in a land disturbing activity to submit a revised SWPPP to the City and to receive its approval.
   8. Failure of the person engaged in the land disturbing activity to comply with DHEC requirements may result in the following actions, in addition to other penalties as provided in Chapter 14, Title 48, Code of Laws of South Carolina, 1976, as amended.
      1. DHEC may direct the City to order any person violating any provision of Chapter 14 and/or these regulations to cease and desist from any site work activity other than those actions necessary to achieve compliance with any administrative order.
      2. DHEC may direct the City to refrain from issuing any further building or land disturbance permits to the person having outstanding violations until those violations have been remedied.
      3. DHEC may recommend fines to be levied by the City.
   9. The City may utilize "stop work orders" as a part of its inspection and enforcement program in accordance with the following procedures:
      1. The City may issue a stop work order if it is found that a land disturbing activity is being conducted in violation of this Article or of any regulation adopted or order issued pursuant to, in connection with, or otherwise related to this Article and that either:
         1. Off-site sedimentation resulting from noncompliance with the approved SWPPP has eliminated or severely degraded a use in a lake or natural waterway or that such degradation is imminent.
         2. Off-site sedimentation resulting from noncompliance with the approved SWPPP has caused severe damage to adjacent land.
         3. The land disturbing activity is being conducted without the required approved plan.
         4. Sediment leaving a site is entering a "common" stormwater control/conveyance device(s) and is restricting design capacity flow.
      2. The stop work order shall be in writing and shall state what work is to be stopped and/or what measures are required to abate the violation. The order shall include a statement of the findings made by the City pursuant to Subsection a., above, and shall list the conditions under which work may be resumed. The delivery of equipment and material which does not contribute to the violation may continue while the stop work order is in effect. A copy of this Section shall be attached to the order.
      3. The stop work order shall be served by a City staff person duly authorized by the City Manager, or another person authorized by law to serve a stop work order. The stop work order shall be served on the permittee and/or any person the City has reason to believe is responsible for the violation. The person serving the order shall post a copy of the stop work order in a conspicuous place at the site of the land disturbing activity.
      4. The directives of a stop work order become effective upon service of the order. Thereafter, any person notified of the stop work order who violated any of the directives set out in the order may be assessed a civil penalty.
      5. The City shall designate an employee to monitor compliance with the stop work order. The name of the employee so designated shall be included in the stop work order. The employee so designated shall rescind the stop work order if all the violations for which the stop work order are issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken.
      6. The issuance of a stop work order shall be a final decision subject to judicial review in the same manner as an order in a contested case pursuant to Title 1, Chapter 23, Section 380, Code of Laws of South Carolina, 1976, as amended. The petition for judicial review shall be filed in the circuit court of the county in which the land disturbing activity is being conducted.

Effective on: 1/1/1901

1. A.
   Application. The requirements for riparian buffers apply in all zoning districts and to all portions of the water bodies within the City as set out in this Section. Riparian buffer requirements do not apply to wet ponds used as structural best management practices. However, ponds which intersect with stream channels shall meet the buffer requirements of this Section.
2. B.
   Boundaries and Specifications. The riparian buffer requirements associated with each type of water body are as follows:

   1. 1.
      Level I Water Bodies. Level I water bodies include Black Creek, Jeffries Creek, and Middle Swamp.

      1. a.
         The Jeffries Creek riparian buffer is a non-development overlay district.
      2. b.
         A buffer shall be maintained within the floodway, and 20 feet outside of the floodway, as delineated on the Flood Insurance Rate Map (FIRM), dated March 25, 2025, as amended from time to time.
      3. c.
         Improvements or other activities that are recognized to disturb land, increase the impervious area, or degrade water quality are not permitted unless demonstrated that said impacts provide for a net reduction of impervious area, contribute to an increased improvement in water quality, preservation of the overall scenic beauty and wildlife habit and floodplain functionality.
      4. d.
         Exceptions may be granted for water access (e.g. boardwalks, docks, etc.) or permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
      5. e.
         The riparian buffer for Level I water bodies are divided into the following zones:

         1. 1.
            Zone 1. A riparian buffer of at least 20 feet is required on each (outer) side of the floodway. This 20-foot offset area shall consist of forest, small trees/shrubs, grassed areas, walking paths, and/or other passive recreational areas.
         2. 2.
            Zone 2. A riparian buffer of at least 20 feet is also required on each (inner) side of the floodway, if available. Clear-cutting is not permitted within the 20-foot offset area. It shall consist of naturally landscaped areas including canopy trees and small trees/shrubs.
         3. 3.
            Zone 3. All remaining areas within the established floodway shall be left undisturbed in perpetuity.
   2. 2.
      Level II Water Bodies. Level II water bodies include, but are not limited to, High Hill Creek, Beaver Dam Creek, Alligator Branch, Gully Branch from Cherokee to Jeffries Creek, Forest Lake, and Pyle Branch, which are natural creek or drainage features with permanent flows.

      1. a.
         A buffer of at least 30 feet on each side is required, measured from the  top of bank.
      2. b.
         Improvements or other activities that are recognized to disturb land or degrade water quality are not permitted.
      3. c.
         Exceptions may be permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
      4. d.
         The riparian buffer for Level II water bodies are divided into the following zones:

         1. 1.
            Zone 1. The outer 20 feet shall consist of forest, small trees/shrubs, walking paths, and/or other passive recreational uses.
         2. 2.
            The inner 10 feet shall not be clear-cut and shall be left undisturbed in perpetuity.
   3. 3.
      Level III Water Bodies. Level III water bodies include other tributaries, outfalls, and open drainage conveyances.

      1. a.
         A buffer of at least 10 feet is required on each side, measured from the top edge of the existing bank.
      2. b.
         Improvements or other activities that are recognized to disturb land or degrade water quality are not permitted.
      3. c.
         Exceptions may be permitted by the Director of Utilities when disturbance is necessary to facilitate drainage in unusual circumstances.
3. C.
   Credits toward Bufferyard and Open Space Requirements. Riparian buffers may count toward the bufferyard and open space requirements of this Unified Development Ordinance.
4. D.
   Exemptions. Exemptions may be permitted by the City when disturbance is necessary to facilitate drainage in unusual circumstances or where encroachment is necessary for water access. Exemption requests shall be submitted to the City in accordance with Section 4-12.1.2, Sediment and Erosion Control, Subsection B., Requirements of this Article.
5. E.
   Validity. The riparian buffer requirements of this Article are not superseded or invalidated by the issuance of any other permit(s).

[Ord. # 2024-01, Jeffries Creek & Flood Prevention, 01/08/2024] 

Effective on: 1/8/2024

Section 4-12.6.1  Adoption of Flood Hazard Area Maps                                                                                                             

1. This ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Florence as identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study, dated March 25, 2025 with accompanying maps and other supporting data that are hereby adopted by reference and declared to be a part of this ordinance.

2. Upon annexation, any special flood hazard areas identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the unincorporated areas of Florence County, with accompanying map and other data are adopted by reference and declared part of this ordinance.

Effective on: 1/15/2018

Section 4-12.6.2 Administration                                                                                                                                                                   

1. 1. Development Permit and Certification Requirements.

1. 1. 1. 1. Development Permit: - Application for a development permit shall be made to the local floodplain administrator on forms furnished by him or her prior to any development activities.  The development permit may include, but not be limited to, plans in duplicate drawn to scale showing:  the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities.  Specifically, the following information is required:

​​​​​i. A plot plan that shows the 100-year floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either the Duties and Responsibilities of the local floodplain administrator of Section 4-12.6.2.2.k or the Standards for Subdivision Proposals of Section 4-12.6.3.2 and the Standards for streams without Estimated Base Flood Elevations and Floodways of Section 4-12.6.3.3.  The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it.  The plot plan must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either the duties or responsibilities of the local floodplain administrator of Section 4-12.6.2.2.k or the standards for subdivision proposals of Section 4-12.6.3.2.l and the standards for streams without estimated base flood elevations and floodways of Section 4-12.6.3.3.

ii. Where base flood elevation data is provided as set forth in Section 4-12.6.1 or the duties and responsibilities of the local floodplain administrator of Section 4-12.6.2 the application for a development permit within the flood hazard area shall show:

1. 1. the elevation (in relation to mean sea level) of the lowest floor of all new and substantially improved structures, and
   2. if the structure will be floodproofed in accordance with the Non-Residential Construction requirements of Section 4-12.6.2.2.b the elevation (in relation to mean sea level) to which the structure will be floodproofed.

iii. ​​​Where base flood elevation data is not provided as set forth in Section 4-12.6.1 or the duties and responsibilities of the local floodplain  administrator of Section 4-12.6.2.2.k, then the provisions in the standards for streams without estimated base flood elevations and floodways of Section 4-12.6.3.3 must be met.

1. 1. 1. 4. Alteration of Watercourse:  Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include a description of the extent of watercourse alteration or relocation, an engineering study to demonstrate that the flood- carrying capacity of the altered or relocated watercourse is maintained and a map showing the location of the proposed watercourse alteration or relocation. 
      2. Certification 

i. Floodproofing Certification - When a structure is floodproofed, the applicant shall provide certification from a registered, professional engineer or architect that the non-residential, floodproofed structure meets the floodproofing criteria in the non-residential construction requirements of Section 4-12.6.3.2.b and Section 4-12.6.3.5.b.ii.

ii. Certification During Construction – A lowest floor elevation or floodproofing certification is required after the lowest floor is completed. As soon as possible after completion of the lowest floor and before any further vertical construction commences, or floodproofing by whatever construction means, whichever is applicable, it shall be the duty of the permit holder to submit to the local floodplain administrator a certification of the elevation of the lowest floor, or floodproofed elevation, whichever is applicable, as built, in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by it.  Any work done prior to submission of the certification shall be at the permit holder's risk.  The local floodplain administrator shall review the floor elevation survey data submitted.  The permit holder immediately and prior to further progressive work being permitted to proceed shall correct deficiencies detected by such review.  Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.

iii. As-built Certification - Upon completion of the development a registered professional engineer, land surveyor or architect, in accordance with SC law, shall certify according to the requirements of Section 4-12.6.2.b.i and ii that the development is built in accordance with the submitted plans and previous pre-development certifications.

1. 2. Duties and Responsibilities of the Local Floodplain Administrator - shall include, but not be limited to:
2. 1. 1. Permit Review - Review all development permits to assure that the requirements of this ordinance have been satisfied.
3. 1. 2. Requirement of Federal and/or state permits - Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C 1334.
4. 1. 3. Watercourse alterations –
5. 1. 1. 1. Notify adjacent communities and the South Carolina Department of Natural Resources, Land, Water, and Conservation Division, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 
6. 1. 1. 2. In addition to the notifications required watercourse alterations per Section 4-12.6.2.2.c.i, written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is maintained.  This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions.  The assurance shall consist of a description of maintenance activities, frequency of performance, and the local official responsible for maintenance performance.  Records shall be kept on file for FEMA inspection.
7. 1. 1. 3. If the proposed project will modify the configuration of the watercourse, floodway, or base flood elevation for which a detailed Flood Insurance Study has been developed, the applicant shall apply for and must receive approval for a Conditional Letter of Map Revision with the Federal Emergency Management Agency prior to the start of construction.
8. 1. 1. 4. Within 60 days of completion of an alteration of a watercourse, referenced in the certification requirements of Section 4-12.6.2.1.b.iv, the applicant shall submit as-built certification, by a registered professional engineer, to the Federal Emergency Management Agency.
9. 1. 4. Floodway encroachments - Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of Section 4-12.6.3.2.e are met.
10. 1. 5. Adjoining Floodplains - Cooperate with neighboring communities with respect to the management of adjoining floodplains and/or flood-related erosion areas in order to prevent aggravation of existing hazards.
11. 1. 6. Notifying Adjacent Communities – Notify adjacent communities prior to permitting substantial commercial developments and large subdivisions to be undertaken in areas of special flood hazard and/or flood-related erosion hazards.
12. 1. 7. Certification requirements –
          1. Obtain and review actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures, in accordance with administrative procedures outlined in Section 4-12.6.2.1.b.ii.
13. 1. 1. 2. Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed, in accordance with the floodproofing certification outlined in Section 4-12.6.2.1.b.i.
14. 1. 1. 3. When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the non-residential construction requirements outlined in Section 4-12.6.3.2.b.
15. 1. 8. Map Interpretation - Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation.  The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article.
16. 1. 1. Prevailing Authority – Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations (as found on an elevation profile, floodway data table, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in Section 4-12.6.3.2.g.ii.
17. 1. 10. Use Of Best Available Data - When base flood elevation data and floodway data has not been provided in accordance with Section 4-12.6.1, obtain, review, and reasonably utilize best available base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to the standards for subdivision proposals outlined in Section 4-12.6.3.2.l, in order to administer the provisions of this ordinance.  Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data from a federal, state, or other source. Data must be developed using hydraulic models meeting the minimum requirement of NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.
18. 1. 11. Special Flood hazard Area/topographic Boundaries Conflict - When the exact location of boundaries of the areas special flood hazards conflict with the current, natural topography information at the site; the site information takes precedence when the lowest adjacent grade is at or above the BFE, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA.  The local floodplain administrator in the permit file will maintain a copy of the Letter of Map Amendment issued from FEMA.
       12. On-Site inspections - Make on-site inspections of projects in accordance with the administrative procedures outlined in Section 4-12.6.2.3. 
       13. Administrative Notices - Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with the administrative procedures in Section 4-12.6.2.3.
19. 1. 14. Records Maintenance - Maintain all records pertaining to the administration of this ordinance and make these records available for public inspection.
       15. Annexations and Detachments - Notify the South Carolina Department of Natural Resources Land, Water and Conservation Division, State Coordinator for the National Flood Insurance Program within six (6) months, of any annexations or detachments that include special flood hazard areas. 
20. 1. 16. Federally Funded Development - The President issued Executive Order 11988, Floodplain Management May 1977. E.O. 11988 directs federal agencies to assert a leadership role in reducing flood losses and losses to environmental values served by floodplains. Proposed developments must go through an eight-step review process. Evidence of compliance with the executive order must be submitted as part of the permit review process.
21. 1. 17. Substantial Damage Determination – Perform an assessment of damage from any origin to the structure using FEMA’s Residential Substantial Damage Estimator (RSDE) software to determine if the damage equals or exceeds 50 percent of the market value of the structure before the damage occurred.
       18. Substantial Improvement Determination – Perform an assessment of permit applications for improvements or repairs to be made to a building or structure that equals or exceeds 50 percent of the market value of the structure before the start of construction.  Cost of work counted for determining if and when substantial improvement to a structure occurs shall be cumulative for a period of five years.  If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether “substantial improvement” will occur