For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCIDENTAL DISCHARGE. A discharge prohibited by this article into the Town Stormwater System or receiving waters, which occurs by chance and without planning or consideration prior to occurrence.

   BEST MANAGEMENT PRACTICES MANUAL or BMP MANUAL. The most recent Town manual of design, performance, and review criteria for stormwater management practices.

   CLEAN WATER ACT. The Federal Water Pollution Control Act, as amended, codified at 33 U.S.C. §§ 1251 et. seq.

   DESIGN STORM. A Soil Conservation Service Type III, 24-hour-duration storm, with a specified return interval or as otherwise specified by the Town Engineer.

   DEVELOPMENT or DEVELOP LAND. Any of the following actions undertaken by any person, including, without limitation, any public or private individual or entity:

      (1)   Division of a lot, tract or parcels, or other divisions by plat or deed;

      (2)   The construction, installation or alteration of a structure, impervious surface or drainage facility;

      (3)   Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation, mud, sand or rock of a site; or

      (4)   Adding, removing, exposing, excavating, leveling, grading, digging, burrowing, dumping, piling, dredging or otherwise disturbing the soil, vegetation, mud, sand or rock of a site.

   ILLICIT CONNECTION. A connection to the Town Stormwater System resulting in a discharge that is not composed entirely of stormwater runoff, except discharges pursuant to an NPDES permit (other that the NPDES permit for the Town Stormwater System).

   ILLICIT DISCHARGE. Any activity resulting in a discharge to the Town Stormwater System or receiving waters that is not composed entirely of stormwater, except:

      (1)   Discharge pursuant to an NPDES permit (other than the NPDES for the town); and

      (2)   Discharges resulting from firefighting activities.

   IMMINENT AND SUBSTANTIAL THREAT. A threat that is entering or has entered the stormwater drainage system. The threat must be of such a nature that its presence and quantity would cause chronic health risks and/or pose a safety hazard to human health or the environment, if contact were to be made between the public and the threat. The threat may be comprised of, but not limited to, chemicals, radioactive materials, or materials in such quantity as to create such risk. If the substance is identifiable, the material safety data sheet should be consulted to further determine the level of threat posed.

   IMPROPER DISPOSAL. Any disposal other than through an illicit connection that results in an illicit discharge, including but not limited to, the disposal of used oil and toxic materials resulting from the improper management of such substances.

   MAINTENANCE. Any action necessary to preserve stormwater management facilities in proper working condition, in order to serve the intended purposes set forth in this chapter and to prevent structural failure of such facilities.

   MS4 or SMS4. The Municipal Separate Storm Sewer System or Separate Municipal Storm Sewer System, comprised solely of those portions of a stormwater system that are owned and operated by the town.

   NPDES. National Pollutant Discharge Elimination System. See “Clean Water Act.”

   NPDES PERMIT. The NPDES permit for stormwater discharges issued to the town pursuant to the Clean Water Act and federal stormwater discharge regulations (40 CFR § 122.26).

   OPERATOR. For the purpose of this permit and in the context of stormwater associated with construction activity, OPERATOR means any party associated with a construction project that meets either of the following two criteria:

      (1)   The party has operational control over construction plans and specifications. Note: A party has “operational control over construction plans and specifications,” if it has the authority to prepare or modify such plans and specifications; or

      (2)   The party has “operational control over day-to-day activities” at a project that are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., it is authorized to direct workers at a site to carry out activities required by the SWPPP or to comply with other permit conditions). This definition is provided to inform permittees of the EPA's interpretation of how the regulatory definitions of “owner” or “operator” and “facility” or “activity” are applied to discharges of stormwater associated with construction activity.

   OUTFALL. The point where the Town Stormwater System discharges to waters of the United States.

   PERSON. Any and all persons, natural or artificial, including any individual, association, firm, corporation, business trust, estate, trust, partnership, two or more persons having a joint or common interest, state or federal government, or an agent or employee thereof, or any other legal entity.

   POLLUTANT. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste discharged into water.

   RECEIVING WATERS. The waters into which the Town Stormwater System outfalls flow, and which are located within the jurisdictional boundaries of the town, including, without limitation, the lakes, rivers, streams, ponds, wetlands and groundwater of the town.

   REGULATION. Any REGULATION, rule or requirement prepared by the town and adopted by the Town Council pursuant to this article.

   STORMWATER.  STORMWATER runoff, snow melt runoff, and surface runoff and drainage.

   STORMWATER MANAGEMENT. The collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner to meet the objectives of this chapter and its terms, including but not limited to, measures that control the increased volume and rate of stormwater runoff and water quality impacts caused by man-made changes to the land.

   STORMWATER MANAGEMENT PROGRAM or SWMP. The set of drawings and other documents that comprise all of the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques for the control of stormwater, and which is incorporated as part of the NPDES permit for the town and as part of this article.

   TOWN. Mount Pleasant, South Carolina.

   TOWN COUNCIL. The elected officials of Mount Pleasant, South Carolina.

   TOWN STORMWATER SYSTEM. The conveyance or system of conveyances (including roads with drainage systems, highways, rights-of-way, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, storm drains, detention ponds, and other stormwater facilities) that is:

      (1)   Owned or operated by the town;

      (2)   Designed or used for collecting or conveying stormwater;

      (3)   Not a combined sewer system; and

      (4)   Not part of a publicly owned treatment works (POTW).

   VARIANCE. The modification of the minimum stormwater management requirements contained in this article and the Stormwater Management Program for specific circumstances, where strict adherence to such requirements would result in unnecessary hardship and not fulfill the intent of this chapter.

   WATER QUALITY. Those characteristics of stormwater runoff that relate to the physical, chemical, biological or radiological integrity of water.

   WATER QUANTITY. Those characteristics of stormwater runoff that relate to the rate and volume of the stormwater runoff.

(Ord. 07045, passed 8-14-07)

   This chapter shall be known as the “Stormwater Management and Water Quality Regulations of the Town of Mount Pleasant, South Carolina.’

(Ord. 07045, passed 8-14-07)

   (A)   This chapter is adopted pursuant to the authority conferred upon the town by the South Carolina Constitution, the South Carolina General Assembly, and in compliance with the requirements imposed upon the town by the National Pollutant Discharge Elimination System (“NPDES”), and all applicable state permits and regulations issued in accordance with the federal Clean Water Act, the South Carolina Pollution Control Act, and regulations promulgated thereunder.

   (B)   It is the goal of the Town Council that the provisions of this chapter will result in reduction of the discharge of pollutants to the Town MS4 and its receiving waters, to the maximum extent practicable.

   (C)   This chapter is to be construed to further its purpose of controlling and reducing pollutant discharges to the Town MS4 and to the waters of the state, to assure the obligations under its NPDES permit issued by the Department of Health and Environmental Control (DHEC), as required by 33 U.S.C. § 1251 and 40 C.F.R.§ 122.26.

   (D)   The application of this chapter, the provisions expressed herein, and the federal and state stormwater regulations shall be minimum stormwater management requirements, and shall not be deemed a limitation or repeal of any other town ordinances or powers granted to the town by South Carolina statues, including, without limitation, the power to require additional or more stringent stormwater management requirements.

   (E)   The provisions of this chapter shall apply throughout the incorporated areas of the town.

   (F)   The Town Engineer and Stormwater Program Manager shall be primarily responsible for the coordination and enforcement of the provisions of this chapter, the Town Stormwater Management Program (SWMP), and the town's NPDES permit.

   (G)   To the extent that any provisions or requirements of this chapter overlap or duplicate the requirements of another chapter, the most stringent requirement in the Town Code of Ordinances shall apply.

(Ord. 07045, passed 8-14-07)

   The town makes the following findings:

   (A)   Uncontrolled stormwater runoff may have significant, adverse impact on the health, safety and general welfare of the town and the quality of life of its citizens, by transporting pollutants into receiving waters and by causing erosion or flooding.

   (B)   The town is required by federal law (33 U.S.C. § 1342(p) and 40 C.F.R. § 122.26) to obtain a National Pollutant Discharge Elimination System permit from the South Carolina Department of Health and Environmental Control (“DHEC”) for stormwater discharges from the Mount Pleasant Stormwater System. The NPDES permit requires the town to impose controls to reduce the discharge of pollutants in stormwater to the maximum extent practicable, using management practices, control techniques and systems, design and engineering methods, and such other provisions determined to be appropriate for the control of such pollutants.

   (C)   Additionally, certain facilities that discharge stormwater associated with an industrial activity, including land-disturbing activities, are required to obtain NPDES permits. Also, The South Carolina Stormwater Management and Sediment Reduction Act (S.C. Code §§ 48-14-10 et seq.) requires a state permit for certain land-disturbing activities.

(Ord. 07045, passed 8-14-07)

   (A)   It is the purpose of this chapter to protect, maintain and enhance the environment of the town, and the short-term and long-term public health, safety and general welfare of its citizens, by establishing requirements and procedures to control the potential adverse effects of increased stormwater runoff associated with both future development and existing developed land. Proper management of stormwater runoff will minimize damage to public and private property, insure a functional drainage system, reduce the effects of development on land and stream channel erosion, attain and maintain water quality standards, enhance the local environment associated with the drainage system, reduce local flooding, reduce pollutant loading to the maximum extent practicable, and maintain to the extent practicable the pre-development runoff characteristics of the area, and facilitate economic development while mitigating associated pollutant, flooding and drainage impacts.

   (B)   It is further the purpose of this chapter to comply with the federal and corresponding state stormwater discharge (NPDES) regulations (40 C.F.R. § 122.26 and S.C. Regulation 61-9.122.26) developed pursuant to the Clean Water Act, and to assure the town of the authority to take any action required by it to obtain and comply with its NPDES permit for stormwater discharges. Among other things, these regulations require the town to establish legal authority that authorizes or enables the town, at a minimum, to:

      (1)   Control the contribution of pollutants and the quality of stormwater discharges to the Mount Pleasant Municipal Separate Storm Sewer System (“MS4"), and stormwater discharges associated with residential, commercial, industrial and related facilities activity, in order to achieve compliance with all applicable state NPDES permit requirements to the maximum extent practicable;

      (2) Prohibit illicit discharges to the Town MS4 and receiving waters;

      (3)   Control spills, dumping or disposal of materials other than stormwater to the Town MS4 and receiving waters;

      (4) Control, through intergovernmental agreements, contribution of pollutants from one municipal stormwater system to another;

      (5)   Require compliance with conditions in ordinances, permits, contracts or orders;

      (6)   Ensure adequate long-term operations and maintenance of best management practices (BMPs); and

      (7)   Carry out all inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions, including the prohibition on illicit discharges to the Town MS4 and receiving waters.

   (C)   The application of this chapter and the provisions expressed herein shall be the minimum stormwater management requirements, and shall not be deemed a limitation or repeal of any other powers granted by statute. In addition, if site characteristics indicate that complying with these minimum requirements will not provide adequate designs or protection for local property or residents, it is the owner and operator's responsibility to exceed management practices, control techniques and systems, design and engineering methods, and such other programs and controls as may be required to meet all applicable construction quality, water quantity, and water quality regulations and requirements.

   (D)   This chapter is to be construed to further its purpose of controlling and reducing pollutant discharges to the Town MS4 and to the waters of the state, to assure the obligations under its NPDES permit issued by DHEC as required by 33 U.S.C. § 1251 and 40 C.F.R. § 122.26.

(Ord. 07045, passed 8-14-07)

   Should any word, phrase, clause or provision of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect this chapter as a whole or any part hereof, except that specific provision declared to be invalid or unconstitutional.

(Ord. 07045, passed 8-14-07)

   For the purpose of this chapter, definitions contained in S.C. Regulation 61-9.122.2 are incorporated herein by reference. Additional terms, phrases and words shall have the meaning given in Appendix A.

(Ord. 07045, passed 8-14-07)

   (A)   Licenses and permits.

      (1)   Before commencing any construction, clearing or grading on any commercial or residential tract lot, streets, road or any lands within the town limits, all necessary licenses and permits shall be obtained; and

      (2)   Complete plans, consisting of general and specific drawings, specifications and analysis, together with details to provide a comprehensive plan of the construction contemplated, shall be furnished to, and approved by, the town.

   (B)   Responsibility of developer.

      (1)   Permits and licenses, payments and notices. The developer and contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notice necessary and incident to the due and lawful prosecution of the work.

      (2)   Conduct of work. The developer shall at all times conduct the work in such a manner to:

         (a)   Provide for and insure the safety and convenience of the traveling public and of the residents along and adjacent to the streets or roads; and

         (b)   Offer the least practicable obstruction to the flow of traffic.

      (3)   Assumption of responsibilities. The developer and contractor shall assume their responsibilities to the public, or particularly that portion of the public that patronizes or abuts his or her development, and the developer and contractor shall at no time relinquish such responsibility by inferring that the responsibility lies with the municipality or any other organization.

      (4)   Safeguarding the work.

         (a)   The developer shall provide, erect, and maintain in good condition, all necessary barricades, suitable and sufficient lights, danger signals and other signs, and take all necessary precautions for the protection and safety of the workers, contractors, the public and others, in conformance with the Uniform Manual of Traffic Safety, federal, state and local safety codes and regulations.

         (b)   The developer shall indemnify agents and employees from all suits or claims of any character brought because of injuries or damages received or sustained by any person or property on account of operations of the developer; or on account of or in consequence of any neglect in safeguarding the work; or because of any act of omission, neglect, or misconduct of the developer or contractor.

      (5)   Correction of deficiencies. The developer shall be responsible for correcting any and all deficiencies in streets and stormwater management systems, resulting from faulty design or construction, for a period of two years from the time the streets and drainage system are accepted by the town, as evidenced by the recording of the final plat into the town's system.

      (6)   Affidavit. The developer, engineer and prime contractor must sign a notarized affidavit certifying that the streets and drainage system have been built to all requirements of the town.

(Ord. 07045, passed 8-14-07)

   (A)   LICENSED PROFESSIONALS are registered professional engineers as described in S.C. Code Title 40, Chapter 22.

   (B)   Plans and specifications covering road, street, parking areas, drainage and grading work will be accepted only from registered professionals qualified under state law.

   (C)   When submitting plans and analyses for road, street, drainage and grading work, the professional shall place his or her seal on all documents.

   (D)   All work shall be based on surveys prepared by a professional licensed in the state and shall conform to Class “A” surveys, as defined by the State Board of Registration for Land Surveys.

   (E)   Nothing contained within this chapter shall relieve the design professional of his or her responsibility to provide sound design, or any liability for failure to provide sufficient inspection to insure that construction complies with the design.

('81 Code, § 154.31) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07)

   (A)   Conformance to plans.

      (1)   Finished surfaces and drainage systems in all cases shall conform to cross sections, dimensions, erosion controls, and grades shown on the approved plans.

      (2)   Deviations from the plans.

         (a)   Any major deviations from the plans during construction or otherwise shall, in all cases, be approved by the Town Engineer and authorized, in writing, prior to the construction of all deviations.

         (b)   Minor variations may be made and shown on the as-built plans.

      (3)   All drainage system construction shall be done in accordance with the latest edition of the State Highway Department Standard Specifications for Highway Construction, the South Carolina DHEC Stormwater Management BMP Handbook, the Town stormwater BMP manual, if available, and all applicable town ordinances, design standards, and other requirements that may be adopted or implemented.

         (a)   Field and laboratory testing shall be provided by others.

         (b)   Field and laboratory test results shall be furnished to the town in accordance with the requirements provided by the Town Engineer or his or her representative.

      (4)   The developer shall furnish the services of a licensed professional, as described in § 153.008, to prepare the necessary plats, analyses and plans for ascertaining whether or not the work performed and materials used in conjunction with the public streets and drainage systems are in accordance with the requirements and intent of these specifications.

      (5)   Any work done or materials used without supervision or inspection of the licensed professional or his or her representatives may be ordered removed and replaced at the developer's expense.

      (6)   Failure to reject any defective work or material shall not in any way prevent later rejection, when such defect is discovered.

      (7)   Final inspection will be made by the Town Engineer, or his or her designee, and acceptance of streets and drainage systems will be made by the Director of Engineering and Development Services or his or her designee prior to approval.

   (B)   Compliance with plans.

      (1)   An inspecting professional shall observe construction for compliance with plans and specifications approved by the town.

      (2)   If construction is found to be in compliance with the plans and specifications, the inspecting professional shall make the required certification as to the observation of construction.

      (3)   Should the inspecting professional find that construction is not in compliance with the plans and specifications, he or she should notify all concerned, including the Director of Engineering and Development Services or his or her designee, that he or she will not make the required certification.

      (4)   The inspecting professional shall be a certified professional in the state and, therefore, is responsible for seeing that the observations of construction satisfy this requirement, including the intent of the state laws, and that the public is protected.

      (5)   The inspecting professional for the SWPPP portion of the project must meet the qualifications requirements set forth in § 153.043(I).

      (6)   The inspecting professional is not an employee of the town, but rather a professional whose services are obtained by those undertaking the work.

      (7)   The inspecting professional shall be identified on the plans by name, firm name, address and telephone number.

      (8)   In the event the inspecting professional is changed:

         (a)   The named inspecting professional shall certify to the work completed;

         (b)   The developer shall notify the Director of Engineering and Development Services or his or her designee, of the change in writing; and

         (c)   A new named professional shall certify the remaining work done.

   (C)   Log. All observations by the professional shall be logged, and a copy of the log shall be provided at the time of request for acceptance of the work by the town.

   (D)   As-built plans. As-built plans, as referenced in § 155.026(A)(2), shall be furnished to the Director of Planning and Development upon completion of the work, prior to final acceptance.

   (G)   Two-year warranty.

      (1)   The developer shall execute an agreement guaranteeing the required public street and drainage improvements against defect in workmanship and materials for two years after acceptance of such improvements by the town, as documented by the date of recording the initial plat with the RMC office.

         (a)   Under this two-year warranty included in Chapter 155, Appendix B, § 7, the developer is noted as responsible for maintaining free and clear drainage systems and protecting the drainage system from damages during the warranty period.

         (b)   Therefore, the developer shall be responsible for:

            1.   Maintaining clean drainage systems during the two-year warranty period; and

            2.   All costs associated with cleaning and repairing the drainage systems.

         (c)   Failure to respond to cleaning and repair requests, within the time frame specified by the town, shall result in the cessation of future phase work until such a time as the drainage system is cleared, repaired and accepted by the Town Engineer or town inspection official.

      (2)   The agreement shall be submitted to the Director of Engineering and Development Services or his or her designee.

      (3)   Along with the Director's recommendation, the town may require a cash bond or other acceptable surety, in an amount to be determined by the Director, in addition to the agreement.

      (4)   The two-year warranty period on the piped drainage systems shall not terminate until an inspection has been performed by a town inspection official.

         (a)   This inspection will be to ensure that all portions of the drainage systems are free and clear of silt, sediment and trash associated with construction activities, and free from defects or damages prior to acceptance by the town.

         (b)   Video inspections of the drainage system shall be submitted to the Director of Engineering and Development Services or his or her designee.

   (H)   As-built submittals and facility agreements.

      (1)   Acceptable as-built plans shall be submitted at the time of application for final plat approval, or upon completion of the work and prior to:

         (a)   The use or occupancy of any commercial or industrial site;

         (b)   Final acceptance of any road into the Official Town Road Inventory;

         (c)   Release of any bond held by the town;

         (d)   Approval and/or acceptance for recording of map, plat or drawing, the intent of which is to cause a division of a single parcel of land into two or more parcels; and

      (2)   The licensed professional shall certify that:

         (a)   The facilities have been constructed as shown on the as-built plan, and

         (b)   The facilities meet the approved drainage plan and specifications.

      (3)   The owner shall submit a copy of the signed permanent stormwater system maintenance and responsibility agreement, as set forth in Chapter 155, Appendix B, § 15.

   (I)   Final inspection. A final inspection shall be conducted by the Director of Engineering and Development Services or his or her designee, upon completion of the work included in the approved drainage plan, to determine if the completed work is constructed in accordance with the plan. This inspection shall be documented in a log/checklist in accordance with Chapter 155, Appendix B, § 1, Final Inspection Checklist. A complete and approved checklist shall be submitted for both final plat and end of warranty approvals.

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 21039, passed 5-11-21)

   (A)   The Town Council may, at its discretion, amend or change this chapter or adopt additional regulations or resolutions to implement this chapter, comply with the NPDES permit, implement the Stormwater Management Program (“SWMP”), or to otherwise further the goal of protecting the quality of the waters into which the Town MS4 outfalls flow.

   (B)   Federal regulations governing stormwater management, as specified in 40 C.F.R. § 122.26, and State regulations, as specified in S.C. Regulation 61-9.122.26 adopted pursuant thereto, and S.C. Regulation 72.300 et seq. are adopted as the minimum requirements for all facilities as defined in the respective regulations.

   (C)   The Town Engineer and Stormwater Program Manager shall be responsible for day-to-day coordination, implementation and enforcement of this chapter and the SWMP. This includes, but is not limited to: the SWMP's monitoring program and the SWMP's stormwater management programs for commercial and residential activities, construction site runoff, post-construction run-off control, and illicit discharges and improper disposal. The Town Engineer shall be primarily responsible for activities related to design and construction activities, and the Stormwater Program Manager shall be primarily responsible for activities related to monitoring and inspection. Without limitation of the foregoing, the Town Engineer and Stormwater Program Manager have the following specific powers and duties:

      (1)   To issue any permit, certification or license that may be required by the SWMP;

      (2)   To deny a facility connection to the MS4 or discharge to waters of the state, if state, federal, or stormwater ordinances and regulations are not met.

      (3)   To approve BMP plans, and to require as a condition of such approvals, structural or nonstructural controls, practices, devices or operating procedures required under the SWMP.

      (4)   To require performance bonds of any person to secure that person's compliance with any BMP plan, permit, certificate, license or authorization issued or approved by the Town Engineer or Stormwater Program Manager pursuant to the SWMP.

      (5)   To comply with all federal and state regulatory requirements, promulgated or imposed pursuant to the Clean Water Act and the South Carolina Stormwater Management Act, applicable to the management of stormwater discharges to or from the Town MS4.

      (6)   To conduct all activities necessary to carry out the stormwater management program and other requirements included in the town NPDES permit, the SWMP and this chapter, and to pursue the necessary means and resources required to properly fulfill this responsibility.

      (7)   In compliance with the Mount Pleasant Code of Ordinances and procurement policies, to enter into agreements with other governmental entities or private persons or entities to provide or procure services to conduct and carry out stormwater management activities, provided proper administrative and Council approval processes are followed.

      (8)   To maintain the stormwater system consistent with the provisions of the town NPDES permit, the SWMP and this chapter.

      (9)   To direct, review and recommend for approval by Town Council, the stormwater management operating budget.

      (10)   To direct, review and recommend for approval by Town Council necessary changes to the existing Stormwater Management Program.

      (11)   To issue stop work and other orders necessary to insure compliance with this chapter.

(Ord. 07045, passed 8-14-07)

   (A)   The SWMP developed by the town to comply with the NPDES stormwater permit serves as the basis for the town's program implementation and administration. As amended from time to time by the town, the SWMP is hereby adopted for the life of the town's stormwater system NPDES permit as the official operational program. The mapping and geographic information system developed as part of the SWMP shall serve as the official authoritative information source for program administration.

   (B)   The Town Engineer and Stormwater Program Manager shall implement and conduct the town's operations according to the Town Stormwater Management Program. The SWMP serves as the basis for compliance with the NPDES stormwater permit granted to the town under the provisions of the Water Quality Act of 1987 and 40 C.F.R. § 122.26. This management program is more fully described in the NPDES stormwater permit, which defines the terms and conditions of the town's authority to operate its stormwater system.

   (C)   By way of summary only, the SWMP includes the following mandated elements:

      (1)   A description of structural and source control measures to reduce pollutants from runoff from commercial and residential areas;

      (2)   A description of a program to implement and maintain structural and nonstructural best management practices to reduce pollutants in stormwater runoff from construction sites to the stormwater system.

      (3)   Illicit discharge program. [Reserved]

      (4)   Monitoring program. [Reserved]

(Ord. 07045, passed 8-14-07)

   (A)   No person shall develop any land or dispose of any hazardous or toxic substance or other pollutant without having provided for compliance with this chapter, and with any program, plan, permit, or regulation of the Town SWMP adopted in accordance with this chapter.

      (1)   The following development activities are exempt from the provisions of this chapter:

         (a)   Construction or improvement of single-family residences or their accessory buildings, which are separately built and not part of multiple construction of a subdivision development, are exempted from division (A)(1) above; provided they are in compliance with the Chapter 155, Appendix B, § 13, Certificate of Compliance.

         (b)   Land-disturbing activities on agricultural land for production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; 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 of one or more acres, 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 drainage plan prior to the start of the land-disturbing activity.

         (c)   Land-disturbing activities undertaken on forestland for the production and harvesting of timber and timber products.

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)

   The Town Engineer and Stormwater Program Manager shall coordinate the town's activities with other federal, state and local agencies that manage and perform functions relating to the protection of receiving waters. Authority not expressly reserved for other agencies or restricted by statute is placed with the Town Engineer and Stormwater Program Manager for the protection and preservation of receiving waters.

(Ord. 07045, passed 8-14-07)

   (A)   The town may enter into agreements with other governmental and private entities to carry out the purposes of this chapter. These agreements may include, but are not limited to, enforcement, resolution of disputes, cooperative monitoring, cooperative management of stormwater systems, and cooperative implementation of stormwater management programs.

   (B)   Nothing in this chapter or in this section shall be construed as limitation or repeal of any ordinances of these local governments or of the powers granted to these local governments by the South Carolina Constitution or South Carolina statutes, including, without limitation, the power to require additional or more stringent stormwater management requirements within their jurisdictional boundaries.

(Ord. 07045, passed 8-14-07)

   (A)   In developing plans for residential, commercial or industrial subdivisions, individual lots in a development shall be required to obtain and comply with the town water quality approval letter, and the development, as a whole, shall be considered to be a single land-disturbing activity requiring a permit. Hydrologic parameters that reflect the ultimate subdivision development shall be used in all engineering calculations.

   (B)   If individual lots or sections in a development are being developed by different property owners, all land-disturbing activities related to the development shall be covered by the approved drainage plan for the development. Individual lot owners or developers shall sign a certificate of compliance that all activities on that lot will be carried out in accordance with the approved drainage plan for the subdivision.

   (C)   Subdivisions that were approved prior to the effective date of these regulations are exempt from these requirements. Development of new phases of existing subdivisions, which have not received preliminary plat approval and are not exempted in § 153.022, shall comply with the provisions of these regulations.

   (D)   For residential land-disturbing activities involving less than one acre of actual land disturbance, which are not part of a larger common plan of development or sale, the property owner shall submit a simplified stormwater management control plan meeting the requirements listed in Chapter 155, Appendix B, § 13.

   (E)   For commercial land-disturbing activities involving less than one acre of actual land disturbance, which are not part of a larger common plan of development or sale:

      (1)   If the development is greater than 5,000 square feet or is increasing impervious area by more than 10%, the project must meet the standard stormwater requirements;

      (2)   But if the development is less than 5,000 square feet and does not increase impervious area by 10%, then a simplified stormwater management control plan meeting the requirements listed in Chapter 155, Appendix B, § 13 must be submitted.

      (3)   The simplified plan shall show proposed and existing contours, direction of flow, and erosion control measures.

   (F)   For land-disturbing activities disturbing more than one acre, all of the requirements of a drainage plan apply.

   (G)   For land-disturbance activities that are 25 acres or greater and discharge the pollutant or pollutant(s) of concern to a water body on the most current South Carolina 303(d) List of Impaired Waters, the stormwater pollution prevention plans prepared by applicants for construction sites must contain a written quantitative and qualitative assessment, showing that the BMPs selected will control the construction and post-construction stormwater discharges so that the stormwater discharges will not cause or contribute to a violation of water quality standards. A copy of the 303(d) list can be obtained from Water Quality Division, Bureau of Water, SCDHEC.

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)

   (A)   A drainage plan that includes a stormwater pollution prevention plan (SWPPP), as described in § 153.043, is required with the preliminary plat submittal or prior to the issuance of any building permit, unless exempted in § 153.022.

   (B)   All applicable town water quality plan review fees, if any, are due upon submittal of the drainage plan.

   (C)   A complete Stormwater Discharges from Large and Small Construction Activities, NPDES General Permit SCR 100000 NOI form, appropriately signed under state requirements, and a check for the applicable state NPDES permit fees, made payable to the town, is also due upon submittal of the drainage plan.

   (D)   A drainage plan must be submitted and approved by the Town Engineer.

   (E)   The drainage plan must meet all design requirements and include all submittal information identified in § 153.043, Stormwater Pollution Prevention Plans (SWPPPs), § 153.044, Water Quantity Controls, and in the drainage master plan checklist in Chapter 153, Appendix B, or other appropriate checklists provided by the Department of Planning and Development, as may be amended from time to time.

   (F)   Should any drainage plan involve any stormwater management facilities or land to be dedicated to public use, the same information shall also be submitted for review and approval to the department having jurisdiction over the land or other appropriate departments or agencies identified by the Town Engineer for review and approval. This drainage plan shall serve as the basis for all subsequent construction.

   (G)   The drainage plan may be reviewed, if needed, with the designer, after town review, where it will be approved, approved with changes, or rejected. If rejected, changes, additional analysis or other information needed to approve the next submittal of the plan shall be identified.

   (H)   Once a water quality letter of approval for the drainage plan has been issued by the Town Engineer and the appeal time period has lapsed, the town will forward the project NOI to SCDHEC for review and approval.

   (I)   Upon receipt of NPDES permit approval from SCDHEC and a construction authorization letter from the Town Engineer, an application for a clearing and grading permit may be submitted.

   (J)   For projects disturbing one acre or greater, all applicable NPDES inspection fees, if any, are due at the time of application for a clearing and grading permit.

   (K)   For residential projects disturbing less than one acre, all applicable NPDES inspection fees, if any, are due at the time of application for a building permit.

   (L)   Coordination required.

      (1)   All land development activity must comply with all applicable federal, state and local regulations.

      (2)   A coordination letter from SCDHEC-OCRM shall be submitted to the town before a clearing and grading permit will be issued.

      (3)   No project shall receive final approval or acceptance by the town, nor will a certificate of occupancy be issued for commercial projects, until such time as a statement is received from the project engineer certifying that construction is complete and in accordance with approved plans.

   (M)   No clearing and grading permit shall be issued or modified without the following:

      (1)   Right of entry for emergency maintenance if necessary;

      (2)   Right of entry for inspections;

      (3)   Any off-site easements needed;

      (4)   An approved drainage plan and SWPPP, as appropriate.

      (5)   Evidence of a receipt of all other required permits, including necessary federal, state or local approvals.

      (6)   Properly installed silt fence and tree protection.

      (7)   A pre-construction meeting with town staff to review the project scope, requirements, and that proper documentary procedures are followed.

   (N)   The approved drainage plan shall contain certification by the engineer that all land clearing, construction, development and drainage will be done according to the drainage plan or previously approved revisions. Any and all site grading permits may be revoked at any time, if the construction of stormwater management facilities is not in strict accordance with approved plans.

   (O)   Design certifications, as set forth in Chapter 155, § 14 of Appendix B, shall be furnished with all proposed construction.

('81 Code, §§ 154.36, 154.43, 156.005, 156.011, 156.012) (Ord. passed 6-9-92; Am. Ord. passed 2-9-93; Am. Ord. 93066, passed 2-8-94; Am. Ord. 99012, passed 4-21-99; Am. Ord. 99016, passed 6-8-99; Am. Ord. 00035, passed 7-11-00; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 06016, passed 4-12-06; Am. Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 23016, passed 5-9-23)

      (1)   Design and construction standards.

         (a)   Drainage systems shall be designed by a licensed engineer and constructed by the subdivider/developer consistent with the design principals and standards contained herein, described in the Town BMP manual and established by SCDHEC-OCRM.

         (b)   In all cases, drainage systems shall conform to cross sections, dimensions, erosion control measures and grades as shown on the approved construction plans.

      (2)   Watershed. The watershed containing the site shall be shown, and shall be extended to a natural watercourse or publicly maintained drainage facility that is adequate to receive the storm drainage.

      (3)   Connection to public storm sewers. Where adequate existing public storm sewers are reasonably accessible, as determined by the Director of Engineering and Development Services or his or her designee, the system proposed for the land being subdivided is required to be connected thereto.

      (4)   Ditches and swales.

         (a)   Open drainage ditches (a DITCH is a waterway with side slopes 3:1 or steeper) shall not be permitted in the town.

         (b)   Existing ditches above the SCDHEC-OCRM critical line shall be piped, filled and regraded, based upon staff recommendations.

         (c)   SWALES are grass-lined drainage ways with 10 to 1 side slopes, and are encouraged as a means to manage stormwater in a manner that is protective of water quality.

      (5)   Positive drainage for each lot. The subdivider/developer shall be responsible for including as part of the drainage plan provisions for positive drainage for each lot individually as a part of the project development.

         (a)   Individual lot drainage shall be detailed on the construction plans and shall include, but not be limited to, yard drains for lawn areas, side and rear yard features to include swales and a piped system of inlets and other items necessary for the removal of water from the lot.

         (b)   It is not necessary to provide pad-ready lots during subdivision development.

         (c)   However, positive drainage is required for each lot prior to plat approval.

         (d)   Rear yard pipe systems are required and shall be designed to accommodate ten-year storm events.

         (e)   Inlets shall be standard 6490 modified grate or an equivalent designed to minimize debris clogging.

      (6)   Inspection fee. Upon application for preliminary subdivision plat, the applicant shall submit such inspection fee for drainage systems, based upon a per linear foot of roadway centerline as may be established by Town Council.

      (7)   Permanent erosion control features and drainage systems for streets and lots. Filling, grading, permanent erosion control features, and installation of drainage systems for lots and streets shall be provided prior to final plat approval.

   (B)   Erosion, runoff and sedimentation control. Engineering and construction on any land within the town shall be carried out in such a manner as to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, soil erosion, or deposition upon private property or public streets of water-transported silt and debris.

   (C)   Plan requirements. Drainage plans shall include:

      (1)   The information, plans, specifications, certifications and design evaluations described in the drainage master plan, preliminary plat checklist, or site plan checklist, whichever is appropriate. Checklists shall be provided by the Engineering and Development Services Department, and may be amended from time to time;

      (2)   No grate inlets in the right-of way of public streets;

      (3)   A stormwater pollution prevention plan as described in § 153.043;

      (4)   A permanent maintenance plan for all stormwater management facilities; and

      (5)   Design components that meet the following special situations, as appropriate and as described in S.C. Regulation 72-304, Appendix B, Chapter III, C.3.XIII.

         (a)   All projects must detain the greater of one inch of runoff from the entire site, or one-half inch of runoff from the developed portion of the site; and must demonstrate the rate of release extends for 24 hours and does not exceed the pre-development flow rate.

         (b)   For projects located within 1,000 feet of shellfish beds, 1-1/2 inches of runoff from the developed portion of the site must be retained onsite.

         (c)   For bridges that traverse saltwater and/or critical areas.

            1.   No treatment is necessary for runoff from bridge surfaces spanning SA waters. This runoff can be discharged through scupper drains directly into surface waters. However, the use of scupper drains should be limited as much as feasibly possible.

            2.   If the receiving water is either ORW or SFH, then the stormwater management requirements shall be based on projected traffic volumes and the presence of any nearby shellfish beds. The following matrix lists the necessary treatment practices over the different classes of receiving waters.

            3.   The average daily traffic volume (ADT) is based upon the design carrying capacity of the bridge.

 

 

         (d)   For golf courses adjacent to receiving water bodies.

            1.   Minimum setbacks from the receiving water body of 20 feet for all manicured portions of the golf course (fairways, greens and tees) are required, unless other acceptable management techniques are approved and implemented to mitigate any adverse impacts.

            2.   All drainage from greens and tees must be routed to interior lagoons or an equivalent stormwater management system.

            3.   To prevent the conversion of the stormwater system to critical area and to maintain positive drainage at high tides, all outfalls from the lagoon system must be located at an elevation above the critical area (if the discharge is to critical area), and above the normal water elevation a distance to allow for storage of the first inch of runoff. The volume that must be stored shall be calculated by multiplying the area of all the greens and tees by one inch.

            4.   No greens or tees shall be located on marsh hummocks or islands, unless all drainage can be conveyed to the interior lagoon system or to an equivalent onsite stormwater management system.

            5. Stormwater impacts to freshwater wetlands shall be limited by providing minimum-20-foot buffers, or an accepted alternative, between manicured areas (fairways, greens and tees) and the wetlands. This minimum buffer must be increased if land application of treated effluent is utilized in the area.

            6.   An integrated pest management system designed in accordance with current best technology practices must be employed on the course to limit the application of chemicals that, if over-applied, may leach into the ground and adjacent surface waters.

            7.   In accordance with South Carolina Department of Health and Environmental Control requirements, a two-foot separation must be maintained between the surface of the golf course and the ground water table where spray effluent is applied.

            8.   The normal ground water elevation must be established by a registered engineer or soil scientist.

            9.   All projects within 1,000 feet of shellfish beds must retain the first 1-1/2 inches of runoff.

            10.   If spray effluent or chemicals are applied to the turf via the irrigation system, all spray heads must be located and set so as to prevent any aerosols from reaching adjacent critical areas.

         (e)   For mines and landfills.

            1.   When mining or landfill projects are located within one-half mile of receiving water bodies, pumping of ground water from sediment basins must be done with floating intakes only. Pumping of these basins must cease whenever the water levels come to within two feet of the pond bottom.

            2. In addition, landfill planning must be designed on a comprehensive site basis for stormwater management and sediment/erosion control to include management practices for each separate cell as it is phased into the landfill.

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 21039, passed 5-11-21)

   (A)   Stormwater pollution prevention plan framework.

      (1)   A SWPPP must be prepared as part of the submission of any drainage plan.

         (a)   At least one SWPPP must be developed for each construction project covered by this plan, and a licensed engineer must prepare such SWPPP.

         (b)   For projects that disturb more than one acre, the SWPPP must be prepared, amended when necessary, certified and stamped by a qualified individual who is licensed as listed in § 153.008.

      (2)   The SWPPP must:

         (a)   Identify all potential sources of pollution that may reasonably be expected to affect the quality of stormwater discharges from the construction site;

         (b)   Describe practices to be used to reduce pollutants in stormwater discharges from the construction site; and

         (c)   Assure compliance with the terms and conditions of the town's water quality letter of approval, when properly implemented.

      (3)   Once a definable area has been finally stabilized, the permittee may mark this on the SWPPP, and no further SWPPP or inspection requirements apply to that portion of the site (e.g., earth-disturbing activities around one of three buildings in a complex are done and the area is finally stabilized, one mile of a roadway or pipeline project is done and finally stabilized, and the like).

      (4)   The permittee must implement the SWPPP as written from commencement of construction activity until final stabilization is complete.

   (B)   Allowable non-stormwater discharges. The following non-stormwater discharges are authorized, provided the non-stormwater component of the discharge is in compliance with § 153.043(E), Management of non-stormwater discharges allowed under § 153.042(B):

      (1)   Discharges from firefighting activities;

         (2)   Fire hydrant flushings;

         (3)   Waters used to wash vehicles, where detergents are not used;

         (4)   Water used to control dust;

         (5)   Potable water, including uncontaminated water line flushings;

         (6)   Routine external building wash down that does not use detergents;

         (7)   Pavement wash waters, where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed), and where detergents are not used;

         (8)   Uncontaminated air conditioning or compressor condensate;

         (9)   Uncontaminated ground water or spring water;

         (10)   Foundation or footing drains, where flows are not contaminated with process materials such as solvents;

         (11)   Uncontaminated excavation dewatering;

         (12)   Landscape irrigation.

   (C)   SWPPP contents: site and activity description.

      (1)   The SWPPP must identify all operators for the project site, and the areas of the site over which each operator has control.

      (2)   The SWPPP must describe the nature of the construction activity, including:

         (a)   The intended sequence and timing of planned major activities that disturb soils, such as clearing and grubbing, initial and final grading, and cut and fill activities at the site;

         (b)   Estimates of the total area expected to be disturbed by excavation, grading, or other construction activities, including dedicated off-site borrow and fill areas; and

         (c)   A general location map (e.g., USGS quadrangle map, a portion of a city or county map, or other map) with enough detail to identify the location of the construction site and surface waters of the state within one mile of the site.

      (3)   The SWPPP must contain a legible site map, showing the entire site, identifying:

         (a)   Direction(s) of stormwater flow and approximate slopes anticipated after major grading activities;

         (b)   Locations of off-site material, waste, borrow or construction equipment storage areas, excluding roll-off containers;

         (c)   Locations of all surface waters of the state (including wetlands);

         (d)   Locations where stormwater discharges to a surface water; and

         (e)   Areas where final stabilization has been accomplished and no further construction-phase permit requirements apply.

      (4)   The SWPPP must describe and identify the location and description of any stormwater discharge associated with industrial activity other than construction at the site. This includes stormwater discharges from dedicated asphalt plants and dedicated concrete plants that are covered by this permit.

   (D)   SWPPP contents: controls to reduce pollutants.

      (1)   The SWPPP must include a description of all pollution control measures (i.e., BMPs) that will be implemented as part of the construction activity to control pollutants in stormwater discharges. For each major activity identified in the project description, the SWPPP must clearly describe control measures necessary to comply with this chapter and applicable laws and regulations, the general sequence during the construction process in which the measures will be implemented, and which operator is responsible for the control measure's implementation.

      (2)   The SWPPP must include a description of interim and permanent stabilization practices for the site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is preserved where possible, and that disturbed portions of the site are stabilized.

      (3)   For sites with stormwater discharges to receiving waters listed as impaired in South Carolina's 303(d) List of Impaired Waters, the following requirements apply:

         (a)   If a total maximum daily load (TMDL) that is applicable to stormwater construction discharges has been established and is in effect, then:

            1.   SWPPP measures or controls that are consistent with the assumptions and requirements of such TMDL must be incorporated into the drainage plan; and

            2.   The SWPPP must incorporate any conditions applicable to project discharges necessary for consistency with the assumptions and requirements of such TMDL; and

            3.   If a specific wasteload allocation has been established that would apply to project discharges, the SWPPP must incorporate that allocation and implement necessary steps to meet that allocation.

         (b)   If a TMDL has specified a general wasteload allocation applicable to construction stormwater discharges, but no specific requirements for construction sites have been identified in the TMDL, then:

            1.   DHEC consultation is required to confirm that adherence to a SWPPP that meets the requirements of this chapter will be consistent with the TMDL.

            2.   Where a TMDL has not specified a wasteload allocation applicable to construction stormwater discharges, but has not specifically excluded these discharges, adherence to a SWPPP that meets the requirements of this chapter will generally be assumed to be consistent with the approved TMDL.

            3.   If the TMDL specifically precludes such discharges, the town will not approve the project unless DHEC issues a separate stormwater permit for the project.

         (c)   If a TMDL has not been established or is not in effect, the SWPPP must not allow stormwater discharges that will contribute to the violations of the water quality standards. To accomplish this, the applicant must:

            1.   First determine whether or not a project discharge may contain any pollutant that has caused the impairment.

            2.   If project stormwater discharges will not contain the pollutant(s) of concern, no additional requirements are necessary.

            3.   If project discharges will contain the pollutant(s) of concern, the BMPs selected for the site must be carefully evaluated and their performance assessed to ensure that stormwater discharges will not contribute to or cause a violation of water quality standards.

            4.   For projects that disturb 25 acres or more, the SWPPP must contain a written quantitative and qualitative assessment that the BMPs selected will control project stormwater discharges so that they will not contribute to or cause a violation of water quality standards.

            5.   For more information, please see the DHEC publication entitled “Antidegradation for Activities Contributing to Nonpoint Source Pollution to Impaired Waters,” which can be downloaded at the following DHEC website: www.scdhec.gov/eqc/water/pubs/antidegnps.pdf.

            6.   A copy of the most current 303(d) List of Impaired Waters can be obtained from:

               Water Quality Division

               Bureau of Water SC DHEC

               2600 Bull Street

               Columbia, SC 29201

               or downloaded at the following DHEC website: www.scdhec.gov/water/html/tmdl.html.

      (4)   The following records must be maintained as part of the SWPPP:

         (a)   Dates when major grading activities occur;

         (b)   Dates when construction activities temporarily or permanently cease on a portion of the site. (Note: TEMPORARILY CEASING CONSTRUCTION means ceasing construction on a portion of the site for more than 14 days. A PORTION OF THE SITE means, but is not limited to, a PORTION OF THE SITE with dedicated controls. Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable. Where construction activity on a portion of the 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 site); and

         (c)   Dates when stabilization measures are initiated.

         (d)   Electronic storage of the above mentioned information is acceptable, provided that it is referenced in the SWPPP and it is readily available.

      (5)   The SWPPP must include a description of all post-construction stormwater management measures that will be installed during the construction process to control pollutants in stormwater discharges after construction operations have been completed.

      (6)   Structural measures should be placed on upland soils to the degree practicable. Such measures must be designed and installed in compliance with applicable federal, local or state requirements.

      (7)   The SWPPP must describe 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 § 404 of the Clean Water Act. See also § 153.043 (L)(3).

      (8)   The SWPPP must describe measures to minimize, to the extent practicable, off-site vehicle tracking of sediments onto paved surfaces and the generation of dust.

      (9)   The SWPPP must include a description of construction and waste materials expected to be stored on-site, with updates as appropriate. The SWPPP must also include a description of controls, including storage practices such as roll-off containers, to minimize exposure of the materials to stormwater, and spill prevention and response practices.

      (10)   The SWPPP must include a description of pollutant sources from areas other than construction (including stormwater discharges from dedicated asphalt plants and dedicated concrete plants), and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. If these areas are located off the construction area on property not owned by the owner of the project, they can be either included in the SWPPP for the construction site, with the owner of the dedicated facility being a co-permittee under the permit issued by the town for the project; or the owner of the dedicated facility can obtain: (a) their own permit coverage to build the dedicated facility; and (b) their own coverage under the Stormwater General Permit for Industrial Activity, Permit #SCR000000, or other appropriate permit. The method(s) selected to deal with dedicated facility areas must be addressed in the SWPPP.

   (E)   Management of non-stormwater discharges allowed under § 153.042(B).

      (1)   The SWPPP must identify all allowable sources of non-stormwater discharges, except for flows from firefighting activities, which are combined with stormwater discharges associated with construction activity at the site.

      (2)   Non-stormwater discharges should be eliminated or reduced to the extent feasible.

      (3)   The SWPPP must identify and ensure the implementation of appropriate pollution prevention measures for the non-stormwater component(s) of the discharge.

   (F)   Maintenance of controls.

      (1)   All erosion and sediment control measures and other protective measures identified in the SWPPP must be maintained in effective operating condition. If site inspections identify BMPs that are not operating effectively, maintenance must be performed as soon as practical or as reasonably possible, and before the next storm event whenever practicable, to maintain the continued effectiveness of stormwater controls.

      (2)   If existing BMPs need to be modified or if additional BMPs are necessary to comply with the requirements of this permit and/or South Carolina’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 SWPPP and alternative BMPs must be implemented as soon as reasonably possible.

      (3)   Sediment from sediment traps or sedimentation ponds must be removed as indicated in the SWPPP, or when the design capacity has been reduced by 50%, whichever occurs first.

   (G)   Copy of permit requirements. Copies of the town water quality approval letter, the signed and certified notice of intent form that was submitted to DHEC, and the co-permittee certifications are required as part of the SWPPP. Also, upon receipt, a copy of the letter from the DHEC authorizing coverage under the DHEC construction general permit must also be included as a component of the SWPPP.

   (H)   Applicable state or federal programs. The SWPPP must be consistent with all applicable federal or state requirements for soil and erosion control and stormwater management, including updates to the SWPPP as necessary to reflect any revisions to applicable federal or state requirements for soil and erosion control.

   (I)   Inspections. The following inspection requirements duplicate SCDHEC's construction general permit and are included here to simplify compliance with both the town's and the DHEC's requirements.

      (1)   After construction begins, inspections must be conducted at a minimum in accordance with one of the two schedules listed below:

         (a)   At least once every seven calendar days, or

         (b)   At least once every 14 calendar days and within 24 hours of the end of a storm event of one-half inch or greater.

      (2)   Inspection frequency may be reduced to once every month if the entire site is temporarily stabilized.

      (3)   On a case-by-case basis, the town may require any permittee who has coverage under this program to conduct inspections on a more frequent basis than prescribed in this subsection. Examples

include, but are not limited to: permittees who have compliance problems, and permittees whose sites’ stormwater discharges to environmentally sensitive waters (such as waters classified as outstanding resource waters, shellfish harvesting waters, and the like).

      (4)   Inspections must be conducted by qualified personnel, provided by the operator or cooperatively by multiple operators. 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 sediment and erosion control measures selected to control the quality of stormwater discharges from the construction activity. This person must be either the preparer of the SWPPP or an individual who is under the direct supervision of the preparer of the approved 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 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.

      (5)   Inspections must include all areas of the site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. Inspectors must look for evidence of, or the potential for, pollutants entering the stormwater conveyance system. Sedimentation and erosion control measures identified in the SWPPP must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether erosion control measures are effective in preventing violations to South Carolina's water quality standards, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the site must be inspected for evidence of off-site sediment tracking.

      (6)   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 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 one-quarter 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 quarter mile segment may be considered as representative of the condition of controls along that reach extending from the end of the quarter mile segment to either the end of the next quarter mile inspected segment, or to the end of the project, whichever occurs first. Representative inspections must include any areas where stormwater discharges to environmental sensitive waters (such as waters classified as outstanding resource waters, shellfish harvesting waters, and the like).

      (7)   An inspection report must be completed for each inspection required above. At a minimum, the inspection report must include:

         (a)   The inspection date;

         (b)   Names, titles, and, if not previously given in an inspection report, the qualifications of personnel making the inspection;

         (c)   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 any discharges occurred;

         (d)   Weather information and a description of any discharges occurring at the time of the inspection;

         (e)   Location(s) of discharges of sediment or other pollutants from the site;

         (f)   Location(s) of BMPs that need maintenance;

         (g)   Location(s) of BMPs that failed to operate as designed or proved inadequate for a particular location;

         (h)   Location(s) where additional BMPs are needed that did not exist at the time of inspection; and

         (i)   Corrective action required, including any changes to the SWPPP necessary and implementation dates.

         (j)   A record of each inspection and of any actions taken in accordance with this section must be retained as part of the SWPPP for at least three years from the date that permit coverage expires or is terminated. The report must be signed in accordance with of § 122.22 of S.C. Regulation 61-9

      (8)   For construction sites disturbing ten acres or more, a monthly report must be submitted to the town.

         (a)   The report must be signed in accordance with § 122.22 of S.C. Regulation 61-9.

         (b)   In lieu of submitting monthly reports, the reports may be stored electronically in a manner in which town personnel will have access to review this data, such as on a dedicated website to which town personnel will have unlimited access.

         (c)   Other forms of electronic storage of monthly reports may be utilized once arrangements have been made with the town.

      (9)   For construction sites that disturb less than ten acres, the town may require monthly reports to be submitted on either a project-by-project basis or an operator-by-operator basis.

      (10)   If the information required in this subsection is already included on the inspection forms, only copies of the inspection forms need to be submitted to the town. If the information required in this subsection is not included on the inspection form, then the monthly reports must include, at a minimum, the following additional information:

         (a)   A summary of the results of the inspections conducted during the month;

         (b)   A listing of all deficiencies noted during inspections, with the date each deficiency was noted;

         (c)   For each deficiency noted that required corrective action:

            1.   A listing of the name(s), address(es), and telephone number(s) of the party or parties responsible; and

            2.   A statement whether this deficiency was previously listed in a monthly report;

         (d)   A listing of the corrective actions that were taken to remedy any deficiencies noted, and the date each corrective action was completed;

         (e)   A statement on whether or not the SWPPP was updated to deal with any deficiencies noted; and

         (f)   A copy of each inspection conducted during the month attached in an appendix to the monthly report.

      (11)   For construction sites disturbing ten acres or more, in addition to the information required above, the first monthly report submitted after construction has started must include one copy of the co-permittee and contractor certifications. Subsequent monthly reports on construction sites that disturb ten acres or more must include copies of certifications for co-permittees and contractors added after construction has started. For each co-permittee and contractor certification submitted to the town, the preparer of the SWPPP, or someone with a registration equivalent to that of the preparer of the SWPPP, must certify that either an on-site or, when applicable, an off-site pre-construction conference was held with the co-permittee or contractor in accordance with this permit. This certification must give the date of the conference and the responsibilities of each co-permittee and contractor.

      (12)   For construction sites disturbing less than ten acres, the owners/operators may be required to submit the co-permittee and contractor certifications on a case-by-case basis. When the owner/operator is required to submit the co-permittee and contractor certifications, the preparer of the SWPPP, or someone with a registration equivalent to that of the preparer of the SWPPP, must certify that either an on-site or an off-site pre-construction conference was held with the co-permittees and contractors in accordance with this permit. This certification must give the date of the conference and the responsibilities of each co-permittee and contractor.

      (13)   Each monthly report with one copy must be submitted to the Town Stormwater Program Manager on or before 28th day of the month following the reporting period. For example, the monthly report for July 2007 is due after July 31, 2007, and on or before August 28, 2007.

      (14)   Until construction starts, the monthly report may just state that construction activity has not started.

      (15)   When required, monthly reports must be submitted until the notice of termination is submitted to DHEC. When the notice of termination is submitted, it must contain a signed statement by the preparer of the SWPPP, or a person with a registration equivalent to that of the preparer of the SWPPP, that all work was completed to the best of his or her knowledge and belief, in accordance with the approved SWPPP and this CGP. For projects disturbing more than one acre, the certifying person's knowledge and belief must be based on the results of the periodic inspections conducted by the preparer of the SWPPP (or a person with an equivalent registration), or by a qualified individual under his or her direct supervision in accordance with this CGP, or by an individual certified through a construction site inspector certification course that has been approved by DHEC.

      (16)   Copies of inspection forms and monthly reports must be submitted to the Stormwater Program Manager at the following address:

      Town of Mount Pleasant

      P.O. Box 745

      Mount Pleasant, SC 29465

or to a designated town email address, when available.

   (J)   Maintaining an updated plan.

      (1)   The SWPPP, including the site map, must be amended whenever there is a change in design, construction, operation or maintenance at the construction site that will result in discharges that will cause, have the reasonable potential to cause, or contribute to violations to South Carolina's water quality standards.

      (2)   The SWPPP must be amended if, during inspections or investigations by site staff or by local, state or federal officials, it is determined that the SWPPP is ineffective in either eliminating, when reasonably possible, or significantly minimizing pollutants in stormwater discharges from the construction site.

      (3)   Based on the results of an inspection, the SWPPP must be modified as necessary to include additional or modified BMPs designed to correct problems identified. Revisions to the SWPPP must be completed within seven calendar days following the inspection. Implementation of these additional or modified BMPs must be accomplished as described in this section.

   (K)   Signature, plan review and making plans available.

      (1)   A copy of the SWPPP (including a copy of the permit), DHEC notice of intent, and construction general permit coverage letter from DHEC must be retained at the construction site (or other location easily accessible during normal business hours to: DHEC, EPA or town officials) from the date of commencement of construction activities to the date of final stabilization.

      (2)   If you have day-to-day operational control over SWPPP implementation, you must have a copy of the SWPPP available at a central location on-site for the use of all those identified as having responsibilities under the SWPPP whenever they are on the construction site. If an on-site location is unavailable to store the SWPPP when no personnel are present, notice of the plan's location must be posted near the main entrance at the construction site.

      (3)   For linear construction of roads or utilities (such as roads built by the South Carolina Department of Transportation and utility construction, including electrical power lines, gas lines, main sewer trunk lines, and water distribution lines that are not part of a development), neither of which are a part of a subdivision or other type of development project, the updated copies of the approved SWPPP must be sent to the town in situations where it is not practical to have the approved SWPPP on location. For South Carolina Department of Transportation Projects where there is no construction trailer on site, the SWPPP may be kept in the office of the SC DOT resident engineer.

      (4)   SWPPPs must be made available upon request by town. The copy of the SWPPP that is required to be kept on-site or locally available must be made available, in its entirety, to the town for review and copying at the time of an on-site inspection.

      (5)   All SWPPPs must be signed and certified in accordance with § 122.22 of S.C. Regulation 61-9.

   (L)   Management practices.

      (1)   All control measures must be properly selected, installed and maintained in accordance with any relevant manufacturer specifications and good engineering practices. If periodic inspections or other information indicate a control has been used inappropriately or incorrectly, the operator must replace or modify the control for site situations as soon as practicable.

      (2)   If sediment escapes the construction site, off-site accumulations of sediment must be removed at a frequency sufficient to minimize off-site impacts, unless: access to the off-site property cannot be reasonably obtained from the property owner; or DHEC agrees that it is appropriate to leave the off-site accumulations in place.

      (3)   Litter, construction debris, oils, fuels, 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.

      (4)   Except as provided below, stabilization measures must be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased, but in no case more than 14 days after the construction activity in that portion of the site has temporarily or permanently ceased.

         (a)   Where stabilization by the 14th day is precluded by snow cover or frozen ground conditions, stabilization measures must be initiated as soon as practicable.

         (b)   Where construction activity on a portion of the 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 site.

      (5)   A combination of sediment and erosion control measures is required to achieve maximum pollutant removal.

         (a)   Sediment basins.

            1.   For common drainage locations that serve an area with ten or more acres disturbed at one time, a temporary (or permanent) sediment basin that provides storage for a calculated volume of runoff from the drainage area from at least a ten-year, 24-hour storm, or equivalent control measures, must be provided, where attainable, until final stabilization of the site.

            2.   Where no such calculation has been performed, a temporary (or permanent) sediment basin providing at least 3,600 cubic feet of storage per acre drained, or equivalent control measures, must be provided, where attainable, until final stabilization of the site.

            3.   When computing the number of acres draining into a common location, it is not necessary to include flows from off-site areas and flows from on-site areas that are either undisturbed or have undergone final stabilization, where such flows are diverted around both the disturbed area and the sediment basin.

            4.   In determining whether installing a sediment basin is attainable, the operator may consider factors such as site soils, slope, available area on-site, and the like. In any event, the operator must consider public safety as a design factor for the sediment basin, and alternative sediment controls must be used where site limitations would preclude a safe design.

         (b)   Sediment controls for drainage locations serving ten or more acres. For drainage locations that serve ten or more disturbed acres at one time, and where a temporary sediment basin or equivalent controls are not attainable, smaller sediment basins and/or sediment traps should be used. Silt fences, vegetative buffer strips, or a combination of sediment controls that are equivalent to sediment basins and/or sediment traps are required for all down-slope boundaries (and for those side-slope boundaries deemed appropriate as dictated by individual site conditions).

         (c)   Sediment controls for drainage locations serving less than ten acres. For drainage locations serving less than ten acres, smaller sediment basins and/or sediment traps should be used.

            1.   At a minimum, silt fences, vegetative buffer strips, or equivalent sediment controls are required for all down-slope boundaries (and for those side-slope boundaries deemed appropriate, as dictated by individual site conditions) of the construction area, unless a sediment basin providing storage for a calculated volume of runoff from at least a ten-year, 24-hour storm, or at least 3,600 cubic feet of storage per acre drained, is provided.

            2.   If a basin is not provided, each structural control used must be designed to handle the entire drainage area it serves.

         (d)   Increased requirements. On a case-by-case or watershed-by-watershed basis, the town may require the use of a larger storm event and/or a larger storage volume when designing sediment basins.

      (6)   Velocity dissipation devices must be placed at discharge locations and along the length of any outfall channel, to provide a non-erosive flow velocity from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected (e.g., no significant changes in the hydrological regime of the receiving water).

(Ord. 07045, passed 8-14-07)

   (A)   Statement of compliance required with drainage plan submittal. A determination that the development is in compliance with the Town Flood Damage Prevention Ordinance (Chapter 152) and the design standards listed in this chapter must be included with the drainage plan submittal.

   (B)   Drainage design guidelines.

         (a)   Piped collection systems for public streets (catch basins, inlets, cross drains, and longitudinal piping) shall be designed for the ten-year frequency storm event.

            1.   Catch basins and inlets shall be spaced so that the spread in the street for the design flow shall not exceed eight feet.

            2.   A check should be made at all low points to determine and minimize the impacts from less frequent storms.

            3.   All inlets shall be of the curb-opening-type and low-point basins shall have double wings to provide for drainage flow in both directions entering the inlet.

         (b)   Road elevations in A and V zones shall allow passage during a five-year event as a minimum.

         (c)   Design of road culverts.

            1.   Road culverts (e.g., pipes carrying stormwater under a street or road from one side of the right-of-way to the other) shall be designed for a 100-year frequency flood event.

            2.   The area inundated under these conditions shall be contained within a defined drainage easement.

         (d)   The design flow, acres drained, and the hydraulic grade line for the design flow shall be shown on the plans.

         (e)   Design of pipes and culverts.

            1.   Pipes and culverts should be designed using the methods given in the hydraulic engineering circulars published by the Federal Highway Administration.

            2.   The Burkli-Ziegler and Talbot formulas shall not be used since they have questionable applicability to conditions in the town area.

            3.   All pipe joints shall be wrapped with filter fabric in 18-inch wide sections, utilizing, at a minimum, fabric with a mass per unit area of (English measure) 5.0 ounces per square yard, and a thickness of 60 mils; or (metric measure) 170.0 grams per square meter, and a thickness of 1.5 millimeters.

         (f)   Energy dissipaters shall be provided as needed, where excessive velocities occur.

         (g)   Use of reinforced concrete pipes.

            1.   Reinforced concrete pipes shall be used at public street locations and easements designated for maintenance by the town.

            2.   Exceptions may be made by the Director of Planning and Development for those not at street locations, provided complete data is submitted.

         (h)   Non-corrosive pipes shall be used at all other locations, subject to the request of and approval by the Director of Planning and Development.

   (C)   Minimum design standards.

      (1)   A combination of storage and controlled release of stormwater runoff shall be required for all development and construction that creates the peak rate of runoff from the site, unless the designer certifies that no downstream damage will occur due to the increase in runoff.

      (2)   Certifications are required at the time of approval.

      (3)   The peak release rate of stormwater from all developments where detention is required shall not exceed the peak stormwater runoff rate from the area in its natural undeveloped state for all intensities up to and including the 100-year frequency.

      (4)   The same methodology must be used for calculating the pre-development and post-development rates of runoff from a site.

      (5)   The “bowstring” method may be used for designing detention facilities for which the drainage area is less than three acres and a factor of two applied to the estimated volume.

      (6)   Reservoir routing techniques shall be used for designing all detention facilities for which the drainage area is three acres or larger.

      (7)   For mosquito control, ponds are to be designed to dry in three days or to contain a minimum permanent depth of 24 inches of water.

      (8)   All stormwater storage facilities and water quality BMPs in the town are to be privately owned and maintained.

      (9)   Stormwater management facilities may include both structural and nonstructural elements. Natural swales and other natural runoff conduits shall be retained where practicable.

      (10)   Where additional stormwater management facilities are required to satisfy the minimum control requirements, the following measures are examples of what may be used:

         (a)   Stormwater detention structures (dry basins);

         (b)   Stormwater retention structures (wet ponds);

         (c)   Facilities designed to encourage overland flow, slow velocities of flow, and flow through buffer zones;

         (d)   Infiltration practices.

      (11)   Where detention and retention structures are used, designs that consolidate these facilities into a limited number of large structures will be preferred over designs that utilize a large number of small structures.

      (12)   A waiver shall only be granted after the applicant has submitted a certification of no impact, stamped by a professional engineer and containing descriptions, drawings, and any other information necessary to evaluate the proposed land-disturbing activity. A separate written waiver request shall be required if there are subsequent additions, extensions or modifications that would alter the approved stormwater runoff characteristics to a land-disturbing activity receiving a waiver.

      (13)   Discharge velocities shall be reduced to provide a nonerosive velocity flow from a structure, channel or other control measure, or the velocity of the two-year, 24-hour-design storm runoff in the receiving waterway prior to the land-disturbing activity, whichever is greater.

      (14)   For all stormwater management facilities, a hydrologic-hydraulic study shall be done showing how the drainage system will function with and without the proposed facilities. For such studies, the following land use conditions shall be used. Existing land use data shall be taken from the most recent aerial photograph, field checked and updated.

         (a)   For the design of the facility outlet structure, use developed land use conditions for the area within the proposed development and existing land use conditions for upstream areas draining to the facility.

         (b)   For any analysis of flood flows downstream from the proposed facility, use existing land use conditions for all downstream areas.

         (c)   The effects of existing upstream detention facilities can be considered in the hydrologic-hydraulic study.

         (d)   Drainage report format.

            1.   All basin maps submitted as part of the study shall clearly indicate node numbers linked with any model output.

            2.   The drainage report must also have tabbed sections linked to a table of contents.

      (15)   Drainage plans can be rejected by the Town Engineer if they incorporate structures and facilities that will demand considerable maintenance, will be difficult to maintain, or utilize numerous small structures, if other alternatives are physically possible.

      (16)   The drainage system and all stormwater management structures within the town (including both public and private portions) will be designed to the same engineering and technical criteria and standards. The Department of Engineering and Development Services review will be the same whether the portion of the drainage system will be under public or private control or ownership.

      (17)   All stormwater management measures shall be designed in accordance with the design criteria contained in the SCDHEC or Town stormwater BMP manual and/or stormwater design manual, using procedures contained in this manual or procedures approved by the Town Engineer.

(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   Drainage easements.

      (1)   Where a subdivision is traversed by a watercourse, drainage way, channel or stream, adequate acres for stormwater or drainage easements shall be reserved, conforming substantially with the lines of such watercourses, and of sufficient width to carry off stormwater and to provide for maintenance and improvement of such watercourses.

      (2)   Where practicable, drainage easements shall center along or be adjacent to a common property line.

      (3)   Drainage easements shall have a minimum width of 20 feet.

   (B)   Maintenance.

      (1)   Easements shall be deeded to the town for the purpose intended, as shown on the plat and stated in the deed of dedication.

      (2)   Maintenance activities will be provided by the town for the specific intended purpose only.

      (3)   The easement grants to the town the right to enter, inspect, survey, and conduct needed activities related to the easement’s purpose.

      (4)   The town has no obligation to repair, replace or compensate the easement owner for the trees, plants, grass, shrubs or other elements damaged or destroyed during the course of its activities.

   (C)   Lot owner's obligations.

      (1)   Drainage easements shall not be altered after final plat approval unless approved by the Director of Engineering and Development Services Department.

         (a)   A site plan and such engineering calculations as are deemed necessary shall be submitted for approval prior to undertaking such work.

         (b)   Reshaping the topographical features, installation of fences, structures or hard surfaces shall not be permitted within any drainage easement.

         (c)   Installation of landscaping items, except for the planting and maintenance of low-growing grass, shall not be allowed within drainage easements.

         (d)   Trees, shrubs, and other features remaining within drainage easements after construction by the subdivision developer are the maintenance responsibility of the lot owner.

         (e)   Facilities within sanitary sewer, water, utility and other easements are subject to the requirements set forth in granting such easements.

      (2)   The Director of Engineering and Development Services or his or her designee is authorized to assess alterations made to drainage easements.

         (a)   If remedial work is deemed necessary, the lot owner shall be notified by letter.

         (b)   The lot owner shall have 30 days in which to correct the conditions stated in the letter.

         (c)   A certificate of occupancy shall not be approved if unauthorized work is undertaken that alters the draining system during building construction.

   (D)   Easements on common property.

      (1)   Easements that benefit all lot owners, such as access easements, drainage easements, utility easements and the like, shall be allowed over and through the common area property.

      (2)   Private easements that exclusively benefit adjoining lot owners shall not be allowed over and through common area property, unless good and sufficient cause is shown that the provision of the easement will not interfere with or otherwise compromise the intended common use and enjoyment of the common area property by all lot owners.

      (3)   Any easements shall be initially established through the appropriate plan or plat approval process in conjunction with the initial establishment of the common area property.

      (4)   Subsequent new easements can only be established through the appropriate plan or plat approval process as was utilized to initially establish the common area property.

('81 Code, § 154.34) (Ord. passed 6-9-92; Am. Ord. 93066, passed 2-8-94; Am. Ord. 00056, passed 11-14-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   Comments regarding plan submittals or plan approvals can be submitted to the Town Engineer at any time during the project review. All comments will be reviewed and addressed as appropriate.

   (B)   By announcement of the agenda for Planning Commission meetings, which are posted in advance of the meeting, the public is notified of the opportunity for comment.

   (C)   Additionally, a listing of all projects undergoing review by the town will be posted on the town's website: www.townofmountpleasant.com, and in the Post and Courier newspaper on a monthly basis.

   (D)   Public comments will be accepted for a period of ten days following the posting of the specific project.

   (E)   Public comments should be submitted in writing to the Director of Engineering and Development Services or his or her designee.

(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   All stormwater management facilities shall be privately owned and maintained unless the town accepts the facility for town ownership and maintenance. The owner of all private facilities shall grant to the town a perpetual, non-exclusive easement that allows for public inspection and emergency repair.

   (B)   All stormwater management measures relying on designated vegetated areas or special site features shall be privately owned and maintained as defined on the drainage plan.

   (C)   Transfers of ownership of stormwater BMPs or stormwater retention facilities shall be reported to the town through the ownership certificate. A transfer of ownership responsibilities will not be considered in effect until such form is received by the town. The transfer must include evidence of the acceptance of the ownership transfer from both parties.

(Ord. 07045, passed 8-14-07)

   (A)   The town may provide or develop and maintain a stormwater design standards manual in accordance with the approved Stormwater Management Program. In the event that the design manual has not been provided or updated, the Town Engineer may require specific design, structural, testing, inspection or repair standards until such time as the manual is provided.

   (B)   The stormwater design manual shall serve as guidance for the design, construction, testing, inspection and repair of stormwater infrastructure.

   (C)   Although the intention of the manual is to establish uniform practices, it neither replaces the need for engineering judgment nor precludes the use of information not presented.

   (D)   Other accepted engineering procedures may be used to conduct hydrologic and hydraulic studies if approved by the Town Engineer.

   (E)   Other options that become available and are not offered in the manual will be accepted for review and consideration by the Town Engineer.

   (F)   Nothing in this chapter shall absolve the applicant form complying with other land usage ordinances, regulations or policy requirements. Applicants should ensure that their project is designed and conducted in accordance with all other local, state and federal requirements. Reviews and approvals of projects by town staff do not constitute approval for other governmental regulatory requirements.

(Ord. 07045, passed 8-14-07)

   (A)   Purpose. The town shall provide or develop and maintain a best management practices manual in accordance with the approved Stormwater Management Program. The best management practices manual shall serve as guidance for the design, construction and maintenance of facilities that discharge stormwater.

   (B)   Contents. The manual will include, but not be limited to, the following information:

      (1)   Guidance and specifications for the preparation of stormwater management plans. Acceptable techniques for obtaining, calculating and presenting the information required in the plans shall be described, as will design conditions that must be accounted for.

      (2)   Guidance in selecting environmentally sound practices for managing stormwater. Descriptions of specific techniques and practices shall be included. Development and use of techniques emphasizing use of natural systems shall be encouraged.

      (3)   Minimum specifications for designing, constructing and maintaining stormwater management facilities. These specifications shall be established in accordance with current good engineering practices.

      (4)   Minimum easement requirements.

      (5)   Post-development performance standards for stormwater management facilities and practices. Methodology/criteria for evaluation will include:

         (a)   Hydrologic and hydraulic evaluations;

         (b)   Evaluation of best management practices (BMPs); and

         (c)   Evaluation of downstream impacts.

      (6)   BMPs. BMPs can be either structural or nonstructural, and may be enforced by specific prescription in zoning requirements, subdivision regulations, or on a site-specific basis as may be prescribed to meet management program objectives.

   (C)   Updated periodically. The manual shall be updated periodically to reflect the most current and effective practices, and shall be made available to the public.

   (D)   Other accepted engineering practices may be used. The manual is not designed to replace the need for engineering judgment. Rather, other accepted engineering procedures may be used to conduct hydrologic and hydraulic studies, if they equal or exceed the procedures contained in the manual, or if they are approved by the Town Engineer.

   (E)   Compliance with other governmental requirements. Nothing in this chapter shall absolve the applicant form complying with other land usage ordinances, regulations or policy requirements. Applicants should ensure that their project is designed and conducted in accordance with all other local, state and federal requirements. Reviews and approvals of projects by town staff do not constitute approval for other governmental regulatory requirements

(Ord. 07045, passed 8-14-07)

   (A)   Submission and approval required. A proposed inspection and maintenance agreement for all privately owned and maintained stormwater storage control facilities shall be submitted to, and approved by, the town prior to either the final approval of the subdivision final plat or issuance of a certificate of occupancy.

      (1)   Such agreement shall be in the form and content acceptable to the Town Engineer.

      (2)   The agreement shall provide access to the facility by virtue of a nonexclusive perpetual easement granted to the town for regular inspection and emergency maintenance of the facility.

   (B)   Contents. The maintenance agreement shall, at a minimum, contain:

      (1)   The name, address, and phone number of the owner of the facility(s);

      (2)   The name, address, and phone number for the party responsible for maintaining the facility(s);

      (3)   A description of the facility, including access points, easements, restrictions, inspection and maintenance frequencies, and other pertinent data;

      (4)   A reference to the final approved as-built plans for the site and general design standards for the facility(s);

      (5)   A statement that properties that will be served by the facility will be granted rights to construct, use, reconstruct, repair, maintain and access the facility; or

      (6)   A statement that each lot served by the facility is responsible for repairs and maintenance of the facility, and any unpaid ad valorem taxes, public assessments, and nuisance abatement liens charged against the facility, including all interest charges together with legal fees, costs and expenses of collection.

         (a)   If an association is delegated these responsibilities, then membership into the association shall be mandatory for each parcel or lot served directly or indirectly by the facility and any successive buyer.

         (b)   The association shall have the power to levy assessments for all obligations, and all unpaid assessments shall become a lien on the individual lot or parcel;

      (7)   An overall long-term inspection schedule for the facility(s), including a checklist to assist the owner(s) in scheduling and determining the need for preventative maintenance; and

      (8)   A statement that no amendments to the agreement shall be made without the written consent of the town.

   (C)   Periodic preventative maintenance inspections. The agreement shall provide for periodic preventive maintenance inspections by the town or its agents.

      (1)   These inspections shall include inspections during the warranty period, an inspection prior to the end of the two-year infrastructure warranty period, and annual inspections in perpetuity.

      (2)   During the end of warranty inspection, the town shall request from the owner an as-built survey of the facility prepared by a registered professional engineer or land surveyor.

      (3)   This survey will be used to determine if the facility requires remedial work prior to final approval by the town.

      (4)   The survey will include at a minimum:

         (a)   For pond, wetland, bio-retention, and other like systems, a scaled drawing of the subject facility, showing its location within the recorded boundary or easement, any surface encroachments within the drainage easement, the bank slope and a statement of its condition, the inlet pipe and slope protection and their condition, and the system depth (taken from a representative sample of cross sections);

         (b)   For manufactured systems:

            1.   A scaled drawing of the subject facility showing its location within the recorded boundary or easement, only if any surface encroachments have been made within the drainage easement; and

            2.   A copy of the manufacturer's recommendations for system inspection, frequency of inspection, and maintenance schedule or directives;

         (c)   A statement of the overall condition of the facility and inlet structures by the engineer or land surveyor, along with a comparison to the design conditions; and

         (d)   A copy of inspection and maintenance logs of the facility(s) undertaken during the warranty period, including the amount of debris removed, if any.

         (e)   A statement of probable cost to correct any deficiencies noted during the inspection and survey.

   (D)   Notification of any deficiency or failure to comply. The agreement shall provide that the registered professional performing the survey shall notify the town and the owner(s) of any deficiency or failure to comply with the approved design drawings.

      (1)   The agreement shall also provide that, upon failure to correct such deficiencies within 30 days after written notice by the town, the town shall provide for all work to place the facility in proper working condition.

      (2)   The owner(s) shall be assessed for all work performed by the town pursuant to this section.

   (E)   Minimum requirements for long-term inspection process.

      (1)   The owner shall be responsible for inspections of the stormwater facilities, at a minimum on an annual basis, unless a more frequent schedule is otherwise dictated by manufacturer's recommendations.

         (a)   Inspections shall be performed by a licensed professional engineer or a certified Clemson Post Construction BMP Inspector.

         (b)   An inspection log of findings and remediations shall be kept by the facility owner and transferred with the property to future owners.

         (c)   Copies of these inspections and any remediation shall be sent to the town's Stormwater Manager annually.

      (2)   Subsequent inspections of the stormwater facilities may also be made by the town to ensure proper inspections and system upkeep.

(Ord. 99016, passed 6-8-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07; Am. Ord. 21074, passed 11-9-21)

   (A)   Schedule of inspections by a town inspecting official.

      (1)   For both public streets and development projects, inspections of completed site work shall be conducted by a representative of the Director of Planning and Development.

      (2)   Each phase of the work shall be approved before starting the next phase.

      (3)   Prior to an inspection request, the developer's inspecting professional shall verify the proper execution of the work.

      (4)   The following minimum number of inspections shall be conducted by the town at the times indicated:

         (a)   Upon installation of initial erosion control devices;

         (b)   Upon completion of clearing and grubbing;

         (c)   Upon completion of pipe installation to include underdrains, drainage pipes, culverts, inlets and sediment control. Pipe joints to be inspected shall have filter fabric wrap installed, but the joint shall be left exposed until the inspection is complete and approved, at which time the fabric wrap may be closed and the area backfilled according to design plans and specification;

         (d)   Upon obtaining the subgrade elevation;

         (e)   Upon completion of curbs and gutters;

         (f)   Upon completion of base placement and compaction;

         (g)   Upon completion of pavement;

         (h)   Upon final cleaning of the streets and drainage system and completion of grassing;

         (i)   Prior to termination of final plat warranty period and the town's acceptance of piped drainage systems.

      (5)   A minimum of one block length of street shall be prepared for each inspection segment.

      (6)   A minimum of 48 hours shall be given prior to the time of inspection by the town.

      (7)   The developer's inspecting professional's log shall be submitted with the request for initial approval.

   (B)   Inspection fee schedule.

      (1)   Inspection fees. Upon application for a preliminary plat, the applicant shall submit such inspection fees for street construction and drainage systems, based upon a per linear foot of roadway centerline as may be established by the Town Council.

      (2)   Reinspection fees.

         (a)   Reinspection of previously inspected portions of the work shall be made at the rate of $100 per reinspection.

         (b)   Reinspection and fees shall be due and payable prior to approval of a final plat.

         (c)   Failure to pay such fees as required shall cause the work not to be accepted by the town.

   (C)   Video inspection by subdivider/developer.

      (1)   A video inspection of all storm drainage systems shall be performed by the subdivider/developer prior to issuance of final plat, and again before the end of the warranty period.

      (2)   The inspection shall be recorded and a copy of the inspection video to include inspection reports shall be delivered to the Director of Engineering and Development Services or his or her designee for review and comment.

      (3)   The video shall be provided on CD/DVD or other electronic delivery system as technology allows.

      (4)   The inspection video and report shall be clearly labeled with the name of the subdivider/developer, name of the construction project, phase of development, date of inspection(s), and name of inspecting company.

      (5)   The report shall include the sequence of inspection through the drainage system corresponding to the drainage summary on the development's construction plans.

('81 Code, §§ 156.014 and 156.015) (Ord. passed 6-9-92; Am. Ord. 00035, passed 7-1100; Am. Ord. 02045, passed 7-9-02; Am. Ord. 06016, passed 4-12-06; Am. Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   Monitoring. [Reserved]

   (B)   Inspections.

      (1)   The Director of Public Services, or his or her designee, bearing proper credentials and identification, may enter and inspect all properties for regular inspections, periodic investigations, monitoring, observation measurement, enforcement, sampling and testing, to effectuate the provisions of this chapter. The Director of Public Services shall duly notify the owner of the property or the representative on site, and the inspection shall be conducted at reasonable times.

      (2)   Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas in which no objection is raised. The inspector shall immediately report the refusal and the grounds to the Director of Public Services. The Director of Public Services shall promptly seek appropriate compulsory process.

      (3)   In the event that the Director of Public Services, or his or her designee, reasonably believes that discharges from the property into the Town MS4 may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any time and without immediate notice to the owner of the property or a representative on site.

         (a)   The town will make all reasonable efforts to contact the owner of the property prior to entering the property or while in the process of conducting the inspections.

         (b)   The inspector shall present proper credentials upon reasonable request by the owner or representative.

      (4)   Inspection reports shall be maintained in a permanent file located in the office of the Director of Public Services.

(Ord. 07045, passed 8-14-07)

   (A)   Provided, however, the owner(s) thereof shall grant to the town a perpetual nonexclusive easement that allows for public inspection and emergency repair, in accordance with the terms of a stormwater facility maintenance agreement, which is required hereunder and found in Chapter 155, § 15 of Appendix B.

   (B)   The owner(s) of the stormwater facility shall post a maintenance bond, letter of credit, cash or other security, in compliance with § 155.051(E) and acceptable to the Town Attorney, prior to the issuance of approval of the final plat of subdivision.

   (C)   The bond or security will be offered by the owner for a period of not less than 30 months from the date of the final plat approval.

   (D)   The surety will remain in effect until the owner, his agents, successors or assigns fully perform the requirements in the referenced two-year warranty in a manner satisfactory to the town.

   (E)   The amount of the security will be determined in accordance with § 155.051(E).

   (F)   All required maintenance items shall be completed by the owner and accepted by the town, as required by the terms and conditions of the final plat approval, prior to the release of the security.

      (1)   If the owner, his or her heirs, successors or assigns fail to satisfy any of the above requirements, the town shall enforce the bond and draw upon the security for up to the full amount thereof.

      (2)   The town shall be held harmless from all expenses, damages, claims and actions arising from, or related to, the performance or nonperformance of the work by the owner, his or her agents, employees or subcontractors.

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)

   (A)   Violations.  

      (1)   Upon determination that a violation of any of the provisions of this chapter or the SWMP has occurred, the Director of Public Services Department or Director of Engineering and Development Services may give timely actual notice at the property where the violation has occurred, or at the address of the permit holder, and shall give written notice to the violator within 15 days.

      (2)   This notice shall specify:

         (a)   The nature of the violation;

         (b)   The proposed penalty; and

         (c)   The amount of time in which to correct deficiencies, if appropriate.

      (3)   It shall be sufficient notification to deliver the notice to the person to whom it is addressed, or to deposit a copy of such in the United States Mail, properly stamped, certified and addressed to the address used for tax purposes.

   (B)   Civil penalties. 

      (1)   Any person violating any provision of this chapter shall be subject to a civil penalty of not more than $500 for each violation.

      (2)   Each separate day of a violation constitutes a new and separate violation.

   (C)   Additional legal measures.

      (1)   Where the town is fined and/or placed under a compliance schedule by the state or federal government for a violation(s) of its NPDES permit, and the town can identify the person(s) who caused such violation(s) to occur, the town may pass through the penalty and cost of compliance to that person(s).

      (2)   The Town Attorney may institute injunctive, mandamus or other appropriate action or proceedings at law or equity, including criminal conviction, for the enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief

   (D)   Corrective action.  

      (1)   In the event a violation of this chapter has not been corrected within the applicable time period for correction, the town, or its contractor, may enter upon the lot or parcel of land and correct the violation.

      (2)   The costs incurred as a result of such action (including inspection, administration, labor and equipment costs) shall be collected from the bond, if in place and sufficient to cover such costs, or shall become a lien upon the property and shall be collected in the same manner as town taxes are collected.

   (E)   Stop work.  

      (1)   Any person who shall proceed with any work that requires a stormwater management plan hereunder without first submitting a plan and obtaining a permit, where applicable, shall have automatically placed on the subject property a stop work order, payable to the Town Stormwater Division, an administrative fee of $200 or the inspection and administration of the stop work order, and/or payment of any other applicable penalties associated with the reason for the stop work order and site protection and cleaning, prior to lifting of the stop work order.

      (2)   The stop work order may allow or require correction of violations, but no other project-related activities.

      (3)   Any person in violation of a stop work order is subject to impoundment of any and all equipment on the property, and payment of all fees, penalties and impoundment charges prior to retrieving such equipment.

   (F)   Permit suspension and revocation. A site clearing and grading permit may be suspended or revoked if one or more of the following violations have been committed:

      (1)   Violations of the conditions of the drainage plan approval;

      (2)   Construction not in accordance with the letter or intent of the approved plans;

      (3)   Non-compliance with correction notice(s) or stop work order(s); or

      (4)   The existence of an immediate danger in a downstream area, in the judgment of the Town Engineer or Stormwater Program Manager.

   (G)   Criminal penalties.  

      (1)   In addition to any applicable civil penalties, any person who negligently, willfully or intentionally violates any provision of this article shall be guilty of a misdemeanor, and shall be punished within the jurisdictional limits of magistrate's court.

      (2)   Each day of a violation shall constitute a new and separate offense.

(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   The Director of Engineering and Development Services or his or her designee may grant a variance from the requirements of this chapter, if exceptional circumstances applicable to a site exist such that strict adherence to the provisions of the chapter will result in unnecessary hardship and will not fulfill the intent of the chapter.

   (B)   A written request for a variance shall be required and shall state the specific variance sought, and the reasons, with supporting data, a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.

   (C)   The Director of Engineering and Development Services or his or her designee shall conduct a review of the request for a variance and issue a decision within 20 working days of receiving the request.

(Ord. 07045, passed 8-14-07; Am. Ord. 21039, passed 5-11-21)

   (A)   Any person aggrieved by a decision or notice of violation of town staff may appeal the same by filing a written notice of appeal with the Town Engineer within 30 days of the issuance of such decision or notice of violation. If the person to whom a decision or notice of violation is directed fails or neglects to appeal the notice of violation within 30 days of the issuance of the decision or notice of violation, the decision or violation becomes final.

   (B)   The Town Engineer will review the appeal and will either reverse his decision or send the decision and notice to the Construction Board of Adjustment. The notice of appeal shall state the specific reasons why the violation or decision of town staff is alleged to be in error.

   (C)   The Construction Board of Adjustment shall hear and determine such appeals in a quasi-judicial capacity, within 30 days or such other times as may be mutually agreed upon, and will render a decision within ten working days after the appeal has been heard.

   (D)   Any person aggrieved by the decision of the Construction Board of Adjustment may appeal the decision to the Town Court of Common Pleas in accordance with its rules and procedures.

(Ord. 07045, passed 8-14-07)

   (A)   An encroachment permit is required for any connection to town drainage or street systems.

   (B)   No discharges except those allowed in § 153.043(B) and/or permitted as part of the town approved drainage system are allowed.

   (C)   All work performed in making connections to conveyances shall be performed in such a manner as to protect the stormwater systems from structural damages.

   (D)   Acceptable best management practices shall be utilized to protect the drainage systems from illicit discharges, including sediment intrusion. Systems polluted by these connection activities will require cleaning by the contractor performing the work.

(Ord. 07045, passed 8-14-07)

   This form is to be completed by the applicant or the applicant’s representative, and submitted with plans for projects disturbing areas greater than or equal to one acre (1 ac.).

 

 

 

 

 

 

 

(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)