Land Development Ordinance Changes Greenville County, SC PART 1 Clemson University ICAR Campus AT&T Auditorium J

1. Land Development Ordinance ChangesGreenville County, SC PART 1Clemson UniversityICAR CampusAT&T Auditorium June 24, 2009

2. Land Development Ordinance Changes The Training Team: Greenville County: • Judy Wortkoetter, PE Storm Water Program Manager Woolpert: • Flint Holbrook, PE, PH Project Director • Brian Bates, PE Project Manager Land Development Ordinance Changes – Greenville County, SC

3. Land Development Ordinance Changes AGENDA • 8:30 – 9:00 BREAKFAST & REGISTRATION • 9:00 – 10:30 1: Overview of Storm Water Ordinance Revisions • 10:30 – 11:00 2: New Land Disturbance Permit Fee Schedule • 11:00 – 12:00 3: Overview of Storm Water Utility Credit Program • 12:00 – 1:30LUNCH (on your own) • 1:30 – 4:00 4: Changes to Storm Water Design Manual Land Development Ordinance Changes – Greenville County, SC

4. Land Development Ordinance Changes REFERENCE DOCUMENTS • Revised Greenville County Storm Water Management Ordinance • Greenville County Fee Credit Policy Plan • Greenville County Fee Credit Application • Special Pollution Abatement Permit Application • Revised Greenville County Storm Water Management Design Manual • Revised IDEAL Users Manual These documents can be found online at: http://www.greenvillecounty.org/ Land Development Ordinance Changes – Greenville County, SC

5. Land Development Ordinance Changes TERMS TO KNOW • BMP – Best management practice • CEPSCI – Certified Erosion Prevention and Sediment Control Inspector • EPSC – Erosion Prevention and Sediment Control • ERU – Equivalent residential unit • H & H – Hydrology & Hydraulics • HOA – Homeowner’s Association • LID – Low Impact Development • NOI – Notice of Intent • NOT – Notice of Termination • NOV – Notice of Violation Land Development Ordinance Changes – Greenville County, SC

6. Land Development Ordinance Changes TERMS TO KNOW • NPDES – National Pollutant Discharge Elimination System • O & M – Operation and maintenance • POA – Property Owner’s Association • POC – Pollutant of concern • SCDHEC – South Carolina Department of Health and Environmental Control • SSO – Sanitary sewer overflow • SWPPP – Storm Water Pollution Prevention Plan • TSS – Total suspended solids • USEPA – US Environmental Protection Agency Land Development Ordinance Changes – Greenville County, SC

7. 1: Storm Water Ordinance Revisions SECTION 1: STORM WATER ORDINANCE REVISIONS Land Development Ordinance Changes – Greenville County, SC

8. 1: Storm Water Ordinance Revisions Focus Group • Revisions to Ordinance reviewed by local stakeholders: • Developers • Builders • Engineers • Environmental non-profits • Stakeholders provided valuable input to revision process Land Development Ordinance Changes – Greenville County, SC

9. 1: Storm Water Ordinance Revisions Revisions Affecting Design Community • Division 1 – General Provisions • Division 3 – Permit and Submittal Requirements • Division 4 – Grading and Sediment Control • Division 5 – Storm Water Management • Division 6 – On-going Inspection and Maintenance • Division 7 – Performance Security • Division 9 – Special Pollution Abatement Permits • Division 10 – Monitoring and Inspections • Division 11 – Enforcement, Penalties and Abatement Land Development Ordinance Changes – Greenville County, SC

10. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-58. Contiguous Property. • Language added to preclude inappropriate phasing of developments to circumvent intent of Ordinance • Proposed developments occurring on a lot or parcel that has contiguous lots or parcels of land in whole, or in part, by the same property owner, Site Development Plan requirements will be applied to the total land area Land Development Ordinance Changes – Greenville County, SC

11. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-58. Contiguous Property. • Site Development Plan requirements also apply to any development regardless of size or disturbed area that is part of a larger common plan of development or sale Land Development Ordinance Changes – Greenville County, SC

12. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-60. Definitions. • Several definitions added • Definitions obtained from South Carolina Regulations 61-9.122.2 and 72-301 or South Carolina NPDES General Permit for Storm Water Discharges from Large and Small Construction Activities (Construction General Permit – CGP) Land Development Ordinance Changes – Greenville County, SC

13. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-60. Definitions. • “Final Stabilization” combines CGP and Design Manual definitions: • Stabilize to 70% coverage rate (30% of site cannot remain bare - 70% of every square footage of area must be vegetated) • All soil disturbing activities at site are completed and either a uniform perennial vegetative cover or equivalent permanent stabilization measure (riprap, gabions, geotextiles, etc.) over 70% of unpaved areas Land Development Ordinance Changes – Greenville County, SC

14. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-60. Definitions. • “Final Stabilization”(continued): • Individual residential lots: final stabilization or temporary stabilization including perimeter controls prior to occupation by homeowner and inform homeowner of need • Construction on agricultural land – final stabilization may be returning land to preconstruction agricultural use Land Development Ordinance Changes – Greenville County, SC

15. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-60. Definitions. • “Greenville County Storm Water System”: • Includes systems owned or operated by municipalities in Greenville County which have entered into inter-governmental agreements with the County for operation of their storm water systems (NPDES MS4 co-permittees) • Currently: Fountain Inn, Mauldin, Simpsonville, Travelers Rest Land Development Ordinance Changes – Greenville County, SC

16. 1: Storm Water Ordinance Revisions Division 1 – General Provisions • Sec. 8-60. Definitions. • “Watershed Master Plan”: • Developed for entire watershed, regardless of political boundary • Analyzes impact of existing and future land uses and land disturbing activities in entire watershed • Includes strategies to reduce non-point source pollution, manage storm water runoff and control flooding (Note: Watershed Master Plans are currently available or in the process of being developed for: Brushy Creek, Rocky Creek, Gilder/Horsepen Creek, Reedy River, and Durbin Creek.) Land Development Ordinance Changes – Greenville County, SC

17. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-67. Submittal Requirements. • Subdivision Development Plan Submittals: • 50% built: • Detention pond as-builts due to Director • Detention pond cleaned and stabilized • HOA documents filed with Director defining maintenance responsibility for all storm water facilities/ BMPs Land Development Ordinance Changes – Greenville County, SC

18. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-67. Submittal Requirements. • Subdivision Development Plan Submittals: • 50%-80% built: individual lot controls and other EPSC BMPs to provide 80% TSS trapping efficiency • > 80% built: Disturbed areas final stabilized and NOT request filed Land Development Ordinance Changes – Greenville County, SC

19. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-67. Submittal Requirements. • Simplified Storm Water Plan Applicability: • Land disturbing activities of > 5,000 sq. ft. to < 1 acre • Includes commercial and industrial sites of the same size and otherwise not part of a larger common development, and without constraints requiring site development plan (see Site Development Plan Applicability – next slide) Land Development Ordinance Changes – Greenville County, SC

20. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-67. Submittal Requirements. • Site Development Plan Applicability: • Disturbs 1 or more acres • Results in peak runoff increase of > 1 cfs • Requires a storm drain pipe conveyance system • Requires alterations to existing storm drain system • Causes downstream impact requiring preparation by engineer or design professional Land Development Ordinance Changes – Greenville County, SC

21. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-68. Site Development Plan Requirements. • Plans must meet all other applicable plan requirements in effect at time of submittal • Requires a tree saving and planting plan consistent with GC Tree Ordinance and Landscape Plan requirements of Design Manual (wording regarding Tree Ordinance replaces previous wording regarding a landscape plan) Land Development Ordinance Changes – Greenville County, SC

22. 1: Storm Water Ordinance Revisions Division 3 – Permit and Submittal Requirements • Sec. 8-68. Site Development Plan Requirements. • Certification that land clearing, construction, development and drainage done in accordance with approved plans • Approved plans remain valid for 2 or 5 years (depending on fee paid) Land Development Ordinance Changes – Greenville County, SC

23. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-70. General. • No clearing, stripping, excavating or grading of land or creation of borrow pits, spoil areas, quarries, material processing plants without appropriate County or SCDHEC permit. Land Development Ordinance Changes – Greenville County, SC

24. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Development fitted to topography and soils to reduce erosion potential • Retain and protect natural vegetation wherever possible • Natural vegetation and non-structural methods for streambank stabilization and erosion control whenever possible • Expose only smallest practical area for the shortest practical period of time Land Development Ordinance Changes – Greenville County, SC

25. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Use erosion control practices such as interceptor ditches, berms, terraces, contour ripping, soil erosion checks and sediment basins • Use temporary vegetation or mulching to protect exposed areas during time of development • Use SWM practices during and after development to accommodate increased runoff caused by changes in soil and surface and to avoid siltation of streams Land Development Ordinance Changes – Greenville County, SC

26. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Install permanent vegetation and structures as soon as weather permits • Design outlet channels for storm runoff discharge based on predicted storm frequency and include vegetative or structural measures to prevent channel scour/ erosion • Use waterway stabilization structures (e.g., drop structures, grade stabilization structures, channel liners) to dissipate energy to non-erosive slopes/ velocities Land Development Ordinance Changes – Greenville County, SC

27. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Sediment basins and traps: • Remove sediment mechanically when filled to plan elevation or design capacity reduced by 50% • Enclose at the discretion of the Director to ensure public safety • Design (includes all sediment control BMPs) to achieve lesser of: • Sediment removal efficiency of 80% or greater • 0.5 ml/l settable solids effluent standard using 10-year, 24-hour design storm event (revised from “concentrate”) Land Development Ordinance Changes – Greenville County, SC

28. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Before release of permit obligation, cut and fill slopes & other exposed areas to be planted or otherwise protected from erosion • Do not deposit fill beyond mean high-water line unless used for marsh creation or shore restoration and does not extend beyond mean low-water line or fill placed behind structural shoreline erosion control device • Include all EPSC calculations in permit application. Show location and timing of EPSC BMPs on EPSC Plan included in SWPPP Land Development Ordinance Changes – Greenville County, SC

29. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Measures to prevent discharge of solid materials (including building materials) to waters of the State and US, except of authorized by 404 permit • Minimize to extent practicable, off-site tracking of sediments onto paved surfaces and generation of dust • Minimize exposure of construction and waste materials stored on-site to storm water Land Development Ordinance Changes – Greenville County, SC

30. 1: Storm Water Ordinance Revisions Division 4 – Grading and Sediment Control • Sec. 8-71. Basic Design Requirements. • Employ spill prevention and response practices • Design sediment laden diversion channels such that applicable shear stress and velocities are non-erosive for the 10-year, 24-hour storm event • Permanently or temporarily stabilize disturbed areas within 14 days after final grade is reached or when idle and maintain until final stabilization Land Development Ordinance Changes – Greenville County, SC

31. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-74. Minimum Runoff Control Requirements. • Design storm water facilities to limit 2-, 10- and 25-year, 24-hour, SCS Type II developed peak discharge rates to pre-developed • Reduce discharge velocities to non-erosive from structure, channel or other control or the velocity of 10-year, 24-hour design storm runoff in receiving waterway prior to land disturbing activity Land Development Ordinance Changes – Greenville County, SC

32. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-74. Minimum Runoff Control Requirements. • Downstream peak flow analysis: • Show safe downstream passage of post-development flows • Address every point downstream or area along project site boundaries at runoff exit • Focus on portion of drainage channel immediately downstream of project • Extend analysis downstream to point where project comprises 10% of drainage area • Consider planned future upstream land use changes Land Development Ordinance Changes – Greenville County, SC

33. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-74. Minimum Runoff Control Requirements. • Design all storm water systems to have no increase in velocity, peak flow, water surface elevation in relation to upstream, adjacent and downstream property in 100-year storm, unless adequate permanent drainage easement is obtained Land Development Ordinance Changes – Greenville County, SC

34. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-75. Minimum Water Quality Control Requirements. • All storm water runoff generated from a site to be adequately treated before discharge: • Preferred method – size water quality device to trap 85% of TSS based on annual loadings by particle class (use IDEAL to model) • Alternative as default criteria – size device to capture first inch of runoff from site impervious area and discharge over 24-hrs • More stringent controls may be required in environmentally sensitive areas Land Development Ordinance Changes – Greenville County, SC

35. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-75. Minimum Water Quality Control Requirements. • All development, redevelopment and portions of redevelopment projects disturbing 1 or more acres or result in increase of > 1 cfs peak runoff rate shall meet minimum water quality requirements even though no change in land use. Land Development Ordinance Changes – Greenville County, SC

36. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-76. Storm Water Management Facilities. Storm water control measures in order of preference: • LID practices • Facilities that encourage overland flow, slow velocities, flow through buffers • Regional detention (dry basins) • Regional retention (wet basins) • On-site detention (dry basins) • On-site retention (wet basins) • Infiltration basins (in areas with appropriate soils) Land Development Ordinance Changes – Greenville County, SC

37. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-76. Storm Water Management Facilities. • Site development plans can be rejected if they incorporate structures and facilities that could be difficult to maintain • Structural design parameters in Design Manual must be met to prevent rejection Land Development Ordinance Changes – Greenville County, SC

38. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-77. Hydrologic Criteria. • 2-year, 10-year and 25-year design storms for all retention and detention basins Land Development Ordinance Changes – Greenville County, SC

39. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-78. Fee-in-Lieu. Director may allow a fee-in-lieu of on-site storm water storage to fulfill all or part of storm water management requirements • Equal to estimated construction cost of proposed and approved on-site storm water storage, including land cost • County will maintain fund including all revenues and expenditures • Revenues collected within a watershed will be for use within that watershed • Fees will be refunded if not encumbered within 10 years Land Development Ordinance Changes – Greenville County, SC

40. 1: Storm Water Ordinance Revisions Division 5 – Storm Water Management • Sec. 8-80. Consistency with Watershed Master Plan or Flood Studies. • Site development plans shall be consistent with adopted/ approved watershed master plans or flood studies (Note: Watershed Master Plans are currently available or in the process of being developed for: Brushy Creek, Rocky Creek, Gilder/Horsepen Creek, Reedy River, and Durbin Creek.) Land Development Ordinance Changes – Greenville County, SC

41. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-82. Long-Term Maintenance and Inspection of Storm Water Facilities and Practices. • Maintenance agreements for all storm water facilities/BMPs require periodic inspections to document maintenance/ repair needs • POA/ HOA maintenance agreements must also identify source of funding for future maintenance and upkeep • Maintenance agreement must be recorded in Greenville County Register of Deed’s Office Land Development Ordinance Changes – Greenville County, SC

42. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-82. Long-Term Maintenance and Inspection of Storm Water Facilities and Practices. • Subdivision storm water facilities/ site runoff storage areas not in dedicated ROWs or easements to be granted to public entity, other entities approved by director or conveyed by plat as undivided equal interests to each lot in subdivision • Dedication to include plan for long term maintenance Land Development Ordinance Changes – Greenville County, SC

43. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-82. Long-Term Maintenance and Inspection of Storm Water Facilities and Practices. • If title to land under storm water facilities is conveyed by plat to each lot in subdivision: • Provide covenant on face of plat • Establish duly incorporated POA to provide maintenance of storm water facilities • POA’s bylaws to provide for long-term maintenance agreement Land Development Ordinance Changes – Greenville County, SC

44. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-83. Right of Entry for Inspection. • Maintenance Agreements shall allow County right to enter property for inspection including when the County has reasonable basis to believe a violation is occurring or for abatement of public nuisance or correction pf violation of this Ordinance Land Development Ordinance Changes – Greenville County, SC

45. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-84. Records of Maintenance Activities. • Those responsible for O & M of storm water management facilities/ BMPs to provide records of all maintenance and repairs to County Land Development Ordinance Changes – Greenville County, SC

46. 1: Storm Water Ordinance Revisions Division 6 – On-Going Inspection and Maintenance • Sec. 8-85. Failure to Maintain. • After 30 days written notice (or 24-hours for immediate danger to public), County may correct violations of design standards or maintenance requirements • County may assess owner for cost of repair as lien on property. May place ad valorum tax bill for such property and collected in ordinary manner for such taxes. Land Development Ordinance Changes – Greenville County, SC

47. 1: Storm Water Ordinance Revisions Division 7 – Performance Security • Sec. 8-86. Resource Remediation Fund. • Need for bond on each site eliminated and replaced with a fee • Monetary performance guarantee required for every new development • Provide assurance that all exposed surfaces will be stabilized, storm water management and sediment control deficiencies addressed Land Development Ordinance Changes – Greenville County, SC

48. 1: Storm Water Ordinance Revisions Division 7 – Performance Security • Sec. 8-86. Resource Remediation Fund. • Resource Remediation Fee – prior to issuance of building or land disturbance permits, all applicants must pay non-refundable fee of $150 per disturbed acre • Resource Remediation Fund – Fees to be held by County in interest bearing account to be used by County to remediate unstable, deficient, or abandoned sites Land Development Ordinance Changes – Greenville County, SC

49. 1: Storm Water Ordinance Revisions Division 7 – Performance Security • Sec. 8-86. Resource Remediation Fund. • Applicant to provide Certification of No Relationship to sites where resource remediation funds were used and are outstanding • Applicants for sites where relationship exists must repay funds used by County to remediate prior to obtaining new land disturbing permits. (This is in addition to any penalties or injunctive relief required for prior site.) Land Development Ordinance Changes – Greenville County, SC

50. 1: Storm Water Ordinance Revisions Division 9 – Special Pollution Abatement Permit • Sec. 8-95. General. • Special Pollution Abatement (SPA) Permit required when development/ redevelopment drains to an impaired waterbody [303(d) list] or has established TMDL, or other areas with adverse water quality pollutant impacts at the discretion of the Director • Outstanding Resource Waters may also qualify • Permit valid for 5-years Land Development Ordinance Changes – Greenville County, SC