Public Works and Utilities Committee
Regular MeetingCharleston, SC · August 14, 2017
Agenda
PUBLIC WORKS AND UTILITIES COMMITTEE
AGENDA
There will be a meeting of the Public Works and Utilities Committee on Monday, August 14,
2017 to begin at 5:00 p.m. at 1st Floor Conference Room, 80 Broad Street. The following items
will be heard:
A. Invocation
B. Approval of Public Works and Utilities Committee Minutes
April 11, 2017
May 9, 2017 – DEFERRED
May 23, 2017
June 20, 2017
July 11, 2017
C. Request to Set a Public Hearing
None
D. Acceptance and Dedication of Rights-of-Way and Easements
a. Sidewalk at Howle Avenue – Approval to notify SCDOT that the City intends to full
maintenance responsibility for the 5-linear-foot- wide by 208-linear-foot long concrete
sidewalk, and two ADA ramp with detectable warning assemblies within the SCDOT
maintained right-of-way on Howle Avenue (S-10-631). Letter and map attached.
a. Letter
b. Map
b. Sidewalk at Jenkins Road – Approval to notify SCDOT that the City intends to full
maintenance responsibility for the 5-linear-foot- wide by 229-linear-foot long concrete
sidewalk, and two ADA ramp with detectable warning assemblies within the SCDOT
maintained right-of-way on Jenkins Road (S-10-1690. Letter and map attached.
a. Letter
b. Map
2 George Street, Suite 2100, Charleston, SC 29401-3506 · Phone (843) 724-3754 · Fax (843) 973-7261
c. Church Creek Landing - Acceptance and dedication of Town Woods Road (50-foot
right-of-way [436 LF]), Boykin Lane (50-foot right-of-way [373 LF]), and Waterfowl Lane
(42-foot right-of-way [660 LF]). There are 42 lots. All infrastructure has been completed.
a. Title to Real Estate
b. Affidavit for Taxable or Exempt Transfers
c. Plat
d. Exclusive Storm Water Drainage Easements (2)
d. Grand Oaks, Phase 4 - Acceptance and dedication of Sterlington Way (50-foot right-of-
way [357 LF]). There are 9 lots. All infrastructure with the exception of sidewalks has
been completed, and the sidewalks are bonded.
a. Title to Real Estate
b. Affidavit for Taxable or Exempt Transfers
c. Plat
d. Exclusive Storm Water Drainage Easements
E. Requests for Permanent Encroachments
None
F. Temporary Encroachments Approved By The Department of Public Service (For
information only)
1. 572 Wading Place – installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/10, 2017.
2. 2600 Josiah Street – transfer from contractor – installed irrigation encroaching into
right-of-way. This encroachment is temporary. Approved 7/10, 2017.
3. 1640 Oak Leaf Street – transfer from contractor – installed irrigation encroaching
into right-of-way. This encroachment is temporary. Approved 7/10, 2017.
4. 3309 Tabard Road – installing 5 – 6-foot fence encroaching into drainage easement.
This encroachment is temporary. Approved 7/10, 2017.
5. 47 Calhoun Street Unit A – installing 24” x 22.57” right angle sign encroaching into
right-of-way (HAJ Salon). This encroachment is temporary. Approved 7/10, 2017.
6. 560 King Street – installing 19” x 28” right angle sign encroaching into right-of-way
(Pour Taproom). This encroachment is temporary. Approved 7/10, 2017.
7. 2604 Josiah Street – transfer from contractor – installed irrigation encroaching into
right-of-way. This encroachment is temporary. Approved 7/20, 2017.
8. 2502 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
9. 2564 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
10. 2568 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
11. 2572 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
12. 2576 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
13. 2580 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
14. 2584 Josiah Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
15. 1409 Tidal Mill Place - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
16. 1417 Tidal Mill Place - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
17. 1608 Oak Leaf Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
18. 1455 Willtown Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
19. 1934 Bellona Street - installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 7/20, 2017.
20. 2812 Conservancy Lane – installing wood fence encroaching into drainage
easement. This encroachment is temporary. Approved 7/20, 2017.
21. 56 ½ Queen Street – installing 18” x 24” right angle sign encroaching into right-of-
way (The Healing Gallery). This encroachment is temporary. Approved 7/20, 2017.
22. 141 Beaufain Street – installing tie in piping for two catch basins to be installed
between 139 and 141 Beaufain to existing stormwater drain using 6-inch solid PVC
pipe encroaching into right-of-way. This encroachment is temporary. Approved 7/20,
2017.
23. 58 Watroo Point – installing irrigation encroaching into right-of-way. This
encroachment is temporary. Approved 8/4, 2017.
24. 2548 Daniel Island Drive – transfer from contractor - installed irrigation encroaching
into right-of-way. This encroachment is temporary. Approved 8/4, 2017.
25. 1546 Thoroughbred Blvd – installing 6-foot wood fence encroaching into drainage
easement. This encroachment is temporary. Approved 8/4, 2017.
26. 1565 Chastain Road – installing 6-foot wood fence encroaching into drainage
easement. This encroachment is temporary. Approved 8/4, 2017.
27. 2715 Beadboard Drive - installing wood fence encroaching into drainage easement.
This encroachment is temporary. Approved 8/4, 2017.
28. 2804 Dresser Court - installing wood fence encroaching into drainage easement.
This encroachment is temporary. Approved 8/4, 2017.
29. 1551 Innkeeper Lane - installing wood fence encroaching into drainage easement.
This encroachment is temporary. Approved 8/4, 2017.
30. 2860 Conservancy Lane - installing wood fence encroaching into drainage
easement. This encroachment is temporary. Approved 8/4, 2017.
31. 1426 Tannery Row - installing 6-foot wood fence encroaching into drainage
easement. This encroachment is temporary. Approved 8/4, 2017.
32. 1036 Oak Bluff Avenue – installing concrete driveway apron encroaching into
drainage easement. This encroachment is temporary. Approved 8/4, 2017.
1. Miscellaneous or Other New Business
1. TO AMEND CHAPTER 27 OF THE CODE OF THE CITY OF CHARLESTON
(STORMWATER MANAGEMENT & FLOOD CONTROL) BY ADDING TO SEC.
27-2 NEW DEFINITIONS GOVERNING REDEVELOPMENT WITHIN THE CITY OF
CHARLESTON, BY ADDING A NEW PART TO SEC. 27-3 GOVERNING
REDEVELOPMENT, BY AMENDING SECTION 27-25 TO ADDRESS INTERIM
REDEVELOPMENT STANDARD LIMITATIONS, AMENDING SECTION 27-28 TO
ALLOW FOR INTERIM DESIGN STANDARDS DESCRIBED HEREIN EXCLUSIVE
OF THE EXISTING STORMWATER DESIGN STANDARDS MANUAL, AND
RENUMBERING THE REMAINING SECTIONS TO ACCOMMODATE THE
ADDITION OF THE NEW SECTION 27-28 DESCRIBED HEREIN.
a. Stormwater Ordinance 08_2007 Revisions
b. Memorandum – Recommendation for Redevelopment Standards for Stormwater
Management in the City of Charleston.
Councilmember Rodney Williams
Chairperson
In accordance with the Americans with Disabilities Act, people who need alternative formats,
ASL (American Sign Language) Interpretation or other accommodation please contact Janet
Schumacher at (843) 577-1389 or email to schumacherj@charleston-sc.gov three business
days prior to the meeting.
Date
Mr. Kirk R. Richards, P.E.
Assistant District Maintenance Engineer
SCDOT - District Six
6355 Fain Blvd
North Charleston, SC, 29406
RE: Maintenance of Sidewalk Standard Construction Materials at Howle Avenue (S-10-631)
Dear Mr. Richards:
This letter concerns the proposed installation of a 5-foot wide by 208-linear-foot long concrete sidewalk,
and two ADA ramp with detectable warning assemblies to be constructed in conjunction with the Howle
Avenue Office/Warehouse construction project, within the SCDOT right-of-way at Howle Avenue (S-10-
631). It is our intention that these will be public sidewalks.
The City Council of Charleston, at its meeting held [date of meeting], agreed to accept full maintenance
responsibility for the proposed sidewalk within the State maintained right-of-way shown on the attached
drawing and which will be constructed under a valid SCDOT Encroachment Permit. The City of
Charleston agrees to maintain this sidewalk and corner accessibility ramps in compliance with current
ADA and SCDOT standards (ADA Standards for Transportation Facilities, SC Highway Design Manual,
SCDOT Standard Drawings, AASHTO Guide for Development of Pedestrian Facilities).
Should there be any questions, please do not hesitate to contact me at 843-724-3754 or at
cabinessl@charleston-sc.gov.
Sincerely,
Laura S. Cabiness, P.E.
Copy to:
Michael R. Metzler, Deputy Director
Thomas F. O’Brien, Deputy Director
Eduardo A. Calderon, Senior Civil Engineer
Brian Pokrant, GIS Analyst
Earthsource Engineering
LSC/eac
___________________________________________________________________________________
2 George Street, Suite 2100, Charleston, SC 29401-3506 • Phone (843) 724-3754 • Fax (843) 973-7261
(TYPE 'D')25' LANDS
CAPE BUFFER
20' BUILD
ING SETB
ACK
20' BUILD
ING SETB
ACK
HOWLE A
VENUE
FINAL
TRC
886 Johnnie Dodds Boulevard Suite 200 Office: 843.881.0525
17-110
Mt.Pleasant, SC 29464 Fax: 843.881.2477
DOCUMENTS www.earthsourceeng.com branchgn@earthsourceeng.com
Date
Mr. Kirk R. Richards, P.E.
Assistant District Maintenance Engineer
SCDOT - District Six
6355 Fain Blvd
North Charleston, SC, 29406
RE: Maintenance of Sidewalk Standard Construction Materials at Jenkins Road (S-10-1690)
Dear Mr. Richards:
This letter concerns the proposed installation of a 5-foot wide by 229-linear-foot long concrete sidewalk,
and two ADA ramp with detectable warning assemblies to be constructed in conjunction with the Jenkins
Road Office/Warehouse construction project, within the SCDOT right-of-way at Jenkins Road (S-10-
1690). It is our intention that these will be public sidewalks.
The City Council of Charleston, at its meeting held [date of meeting], agreed to accept full maintenance
responsibility for the proposed sidewalk within the State maintained right-of-way shown on the attached
drawing and which will be constructed under a valid SCDOT Encroachment Permit. The City of
Charleston agrees to maintain this sidewalk and corner accessibility ramps in compliance with current
ADA and SCDOT standards (ADA Standards for Transportation Facilities, SC Highway Design Manual,
SCDOT Standard Drawings, AASHTO Guide for Development of Pedestrian Facilities).
Should there be any questions, please do not hesitate to contact me at 843-724-3754 or at
cabinessl@charleston-sc.gov.
Sincerely,
Laura S. Cabiness, P.E.
Copy to:
Michael R. Metzler, Deputy Director
Thomas F. O’Brien, Deputy Director
Eduardo A. Calderon, Senior Civil Engineer
Brian Pokrant, GIS Analyst
Earthsource Engineering
LSC/eac
___________________________________________________________________________________
2 George Street, Suite 2100, Charleston, SC 29401-3506 • Phone (843) 724-3754 • Fax (843) 973-7261
886 Johnnie Dodds Boulevard, Suite 200 Office: 843.881.0525
Mount Pleasant, SC 29464 branchgn@earthsourceeng.com
CIVIL SET
FINAL www.earthsourceeng.com
TO AMEND CHAPTER 27 OF THE CODE OF THE CITY OF CHARLESTON
(STORMWATER MANAGEMENT & FLOOD CONTROL) BY ADDING TO SEC.
27-2 NEW DEFINITIONS GOVERNING REDEVELOPMENT WITHIN THE CITY OF
CHARLESTON, BY ADDING A NEW PART TO SEC. 27-3 GOVERNING
REDEVELOPMENT, BY AMENDING SECTION 27-25 TO ADDRESS INTERIM
REDEVELOPMENT STANDARD LIMITATIONS, AMENDING SECTION 27-28 TO
ALLOW FOR INTERIM DESIGN STANDARDS DESCRIBED HEREIN EXCLUSIVE
OF THE EXISTING STORMWATER DESIGN STANDARDS MANUAL, AND
RENUMBERING THE REMAINING SECTIONS TO ACCOMMODATE THE
ADDITION OF THE NEW SECTION 27-28 DESCRIBED HEREIN.
BE IT ORDAINED BY THE MAYOR AND COUNCILMEMBERS IN CITY COUNCIL
ASSEMBLED:
Section 1. Chapter 27, Section 1 et seq. of the Code of the City of Charleston is hereby
amended by deleting the struck through text and adding thereto the following underlined
phrases, which shall read as follows:
STORMWATER MANAGEMENT AND FLOOD CONTROL*/ARTICLE I.
STORMWATER MANAGEMENT ORDINANCE
ARTICLE I. STORMWATER MANAGEMENT ORDINANCE
DIVISION 1. GENERAL PROVISIONS
Sec. 27-1. Title.
This article shall be known as the "Stormwater Management Ordinance" of the City of
Charleston, South Carolina.
(Ord. No. 2007-158, § 2, 8-21-07)
Sec. 27-2. Definitions.
The following words and terms when used in this article shall have the meaning respectively
ascribed to them in this section.
Applicant is a person, firm, governmental agency, partnership, limited liability company, or
any other entity who seeks to obtain approval under the requirements of this article and who,
in addition to the property owner or operator, will be responsible for the land disturbing
activity(ies) and related maintenance thereof.
As-built drawings are revised construction drawings containing an attestation clause signed
by an engineer or surveyor that show the installed location of the new facilities on a project,
including the stormwater system. This term and "record drawings" shall be synonymous.
Best management practices (BMPS) are any structural or non-structural measure or facility
used for the control of stormwater runoff, be it for quantity or quality control. BMPs also
include schedules of activities, prohibitions of practices, maintenance procedures, treatment
requirements, operating procedures, and other management practices to control site runoff,
spillage or leaks, sludge or waste disposal, drainage from raw material storage, or measures
that otherwise prevent or reduce the pollutant loading of receiving waters.
City shall mean the City of Charleston.
Construction or construction activity is activity involving clearing, grading, transporting,
filling, or any other activity which causes land to be exposed to the danger of erosion, or
which might create an alteration to an existing drainage way or other component of the city's
stormwater management system or facility.
Development or re-development means any of the following actions undertaken by a
person, a firm, a governmental agency, a partnership, a limited liability company, or any
other individual or entity, without limitation:
(a) Any division or subdivision of a lot, tract, parcel, or other divisions by plat or deed;
(b) The construction, installation, or alteration of land, a structure, impervious surface or
drainage facility;
(c) Clearing, scraping, grubbing or otherwise significantly disturbing the soil, vegetation,
mud, sand, or rock of a site; or
(d) Adding, removing, exposing, excavating, leveling, grading, digging, burrowing,
dumping, piling, dredging, or otherwise disturbing the soil, vegetation, mud, sand, or rock of
a site.
Erosion means the general process by which soils or rock fragments are detached and moved
by the action of wind, water, ice, and gravity.
Easement is an authorization by a property owner to the general public, a corporation, or a
certain person or persons for the use of any designated part of his property for a specific
purpose.
Flood/flooding is a temporary rise in the level of water which results in the inundation of
areas not ordinarily covered by water.
Hazardous material is any item or agent (biological, chemical, radiological, or physical)
which has the potential to cause harm to humans, other living organisms, or the environment,
either by itself or through interaction with other factors.
Illicit connection means a connection to a City of Charleston stormwater management
system or facility which results in a discharge that is not composed entirely of stormwater
runoff except discharges pursuant to an NPDES permit (other than the NPDES MS4 permit
for the City of Charleston).
Improper disposal means 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.
Illicit discharge or illegal discharge means any activity which results in a discharge to a
City of Charleston stormwater management system or facility or receiving waters that is not
composed entirely of stormwater except (a) discharge pursuant to an NPDES permit (other
than the NPDES for the City of Charleston) and (b) discharges resulting from fire-fighting
activities.
Construction activity application means the set of drawings, specifications, design
calculations, stormwater pollution prevention plan ("SWPPP"), and other documents
necessary to demonstrate compliance with this article.
Low impact development (LID) is a set of principles and design components used to manage
stormwater runoff by mimicking natural conditions and limiting pollutant transport through
source control.
Maintenance means any action necessary to preserve stormwater system components,
including conveyances, facilities, and BMPs in proper working condition, in order to serve
the intended purposes set forth in this article and to prevent structural failure of such
components.
Maximum extent practicable (MEP): is a technology-based control standard used in the
municipal stormwater program against which SCDHEC Bureau of Water and permittees
assess whether or not an adequate level of control has been proposed in the Stormwater
Management Program (SWMP). MEP is applied to all permits issued to municipal separate
storm sewer systems, including the city's, to achieve greater cooperation and consistency, to
reduce conflicts and confusion, and to improve economies of scale in the effort to manage
stormwater impacts.
MS4 means a municipal separate storm sewer system and includes all conveyances 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) which receives, transports, stores, or treats stormwater
runoff and which is (a) owned or operated by the City of Charleston; (b) designed or used for
collecting or conveying stormwater; (c) not a combined sewer system; and (d) not a part of a
publicly owned treatment works (POTW).
NPDES means National Pollutant Discharge Elimination System.
NPDES permit means the NPDES permit for stormwater discharges issued by SCDHEC
pursuant to the Clean Water Act and the federal stormwater discharge regulations (40 CFR
122.26) that allows for restricting pollutant loads as necessary to meet water quality
standards.
Operator means the person who is operating the property, the operator's agent, or any other
person who acts in the operator's behalf.
Outfall or discharge point means the point where a City of Charleston stormwater
management system or facility or other municipal and private system discharges to receiving
waters.
Owner means the legal property owner, the owner's agent, or any other person who acts in
the owner's behalf.
Person means any and all persons, natural or artificial and includes any individual,
association, firm, corporation, limited liability company, business trust, estate, trust,
partnership, two (2) or more persons having a joint or common interest, or an agent or
employee thereof, or any other legal entity.
Pollutant means anything which may cause or contribute to exceedences exceedances of
water quality standards, including but not limited to sediment, bacteria, nutrients, 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, soil, and industrial, municipal, and agricultural waste
discharged into receiving waters.
Pollutant load is a numeric value representing an estimate of the mass of a given pollutant
entering a stormwater system or receiving water.
Receiving waters refers to any lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the
territorial limits of the State of South Carolina, and all other bodies of surface or underground
water, natural or artificial, public or private, inland or coastal, fresh or salt.
Redevelopment shall mean development on a previously developed site where the
impervious surface on the developed site is equal to or greater than twenty (20) percent of the
total site and where any repair, reconstruction, or improvement to an existing site and/or to
any structures located on that site such that the cumulative costs of repairs, over a five (5)
year period equals or exceeds fifty (50) percent of the fair market value of the property and
the structures located on that property; but excludes ordinary maintenance activities,
remodeling of existing building interiors, resurfacing of paved areas, and exterior building
changes or improvements which do not materially increase or concentrate stormwater runoff,
or cause additional nonpoint source pollution.
Regulation means any regulation, rule, or requirement prepared by and/or adopted by City
Council pursuant to this article.
Spill means any accidental or purposeful discharge of any pollutants, hazardous materials, or
other substance which is otherwise potentially detrimental to the designated use of receiving
water.
Site means the land or water area where any development is physically located or
conducted including adjacent land used in connection with the development.
SWMP means the City of Charleston's Stormwater Management Program, which shall
describe the components to be used by the City of Charleston to control stormwater
discharges, address flooding, and meet water quality standards.
Stormwater means rainwater runoff, snowmelt runoff, surface runoff, and drainage.
Stormwater management means the collection, conveyance, storage, treatment and disposal
of stormwater runoff in a manner to meet the objectives of this article 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 system(s) and facility(ies) means those natural and man-made
channels, swales, ditches, swamps, rivers, streams, creeks, branches, reservoirs, ponds,
drainage ways, inlets, catch basins, pipes, head walls, storm sewers, lakes and other physical
works, properties, and improvements which transfer, control, convey, or otherwise influence
the movement of stormwater runoff, be it for quantity or quality control.
Ten-year frequency storm shall mean a storm that is capable of producing rainfall expected
to be equaled or exceeded on the average of once in ten (10) years. It may also be expressed
as an exceedance probability with a ten-percent chance of being equaled or exceeded in any
given year.
Twenty-five-year frequency storm shall mean a storm that is capable of producing rainfall
expected to be equaled or exceeded on the average of once in twenty-five (25) years. It may
also be expressed as an exceedance probability with a four (4) percent chance of being
equaled or exceeded in any given year.
Two-year frequency storm shall mean a storm that is capable of producing rainfall expected
to be equaled or exceeded on the average of once in two (2) years. It may also be expressed
as an exceedance probability with a fifty (50) percent chance of being equaled or exceeded in
any given year.
Total maximum daily load (TMDL) is a regulatory value developed to represent the amount
of a pollutant that receiving water can incorporate while meeting water quality standards.
TMDL is further defined as the legal document developed by EPA and SCDHEC designating
the pollutant load a permitted discharge is allowed to discharge into receiving water.
Undeveloped land shall mean property not altered from its natural state by construction or
installation of improvements such as roads, drainage improvements, buildings, structures, or
other impervious surfaces, or which has less than twenty (20) percent of its property covered
by impervious surfaces.
Variance means the modification of the minimum stormwater management requirements
contained in this article and the SWMP for specific circumstances where strict adherence to
the requirements would result in unnecessary hardship and not fulfill the intent of this
article.
Watercourse is any natural or man-made conveyance used to transport runoff from one
location to the next.
Watershed is a drainage area or drainage basin contributing to the flow of stormwater into a
watercourse or receiving water.
Water quality means those characteristics of stormwater runoff that relate to the physical,
chemical, biological, or radiological integrity of water.
Water quantity means those characteristics of stormwater runoff that relate to the rate and
volume of the stormwater runoff.
Sec. 27-3. Findings.
City council hereby makes the following findings of fact:
(a) Uncontrolled stormwater runoff may have significant, adverse impacts on the health,
safety, and general welfare of the city and the quality of life of its citizens. The potential
impacts of uncontrolled stormwater can lead to the degradation of water quality and general
riverine ecosystem through excessive or illegal pollutant discharges, erosion, and flooding
thereby limiting or removing its designated and potential uses;
(b) Redevelopment of parcels exhibiting existing impervious surfaces greater than twenty
(20) percent of the total site area is becoming common practice within the City, and is
encouraged to provide community benefit and reduce urban sprawl. As such, the City desires
to implement practices for these parcels to reduce stormwater runoff, control peak flow and
improve water quality for the betterment of the community and protection of downstream
property and natural resources.
(c) The city is required by federal law [33 U.S.C. 1342(p) and 40 CFR 122.26] to obtain a
NPDES permit from the South Carolina Department of Health and Environmental Control
("SCDHEC") for stormwater discharges from the city's stormwater system. The NPDES
permit requires the city to impose controls to reduce the discharge of pollutants in stormwater
to the maximum extent practicable (MEP) using management practices, control techniques
and systems, design and engineering methods; and such other provisions which are
determined to be appropriate for the control of such pollutants; and
(d) Additionally, certain facilities that discharge stormwater associated with an industrial
activity, including construction, development, and re-development activities, are required by
the South Carolina Code of Regulations 61-9-122 to obtain NPDES permits for such
activities.
Sec. 27-4. Authority.
This article is adopted pursuant to the authority conferred upon the City by the South
Carolina Constitution, Act No. 194 of the Acts and Joint Resolutions of 1971 enacted by the
General Assembly of the State of South Carolina, approved April 23, 1971, in 1976 South
Carolina Code of Laws Sections 4-9-30, 4-9-40, 5-7-30, and 5-7-60.
Sec. 27-5. Jurisdiction.
The jurisdiction and scope of this article shall encompass the corporate limits of the city, as
they may be adjusted from time to time after the ratification of this article.
Sec. 27-6. Purpose.
(a) It is the purpose of this article to protect, maintain, and enhance water quality and the
environment of the city and the short-term and long-term public health, safety, and general
welfare of the citizens of the city. This article is also designed to minimize property damage
by establishing requirements and procedures to control the potential adverse effects of
increased stormwater runoff and related pollutant loads associated with both future
development and existing developed land. Proper management of stormwater runoff will
further the purpose of this article to ensure a functional drainage system, reduce the effects of
development on land and riparian erosion, attain and maintain water quality standards,
enhance the local environment associated with the drainage system, reduce local flooding,
maintain to the maximum extent practicable pre-developed runoff characteristics of the area
in terms of flow rate, volume, and pollutant concentration, and facilitate economic
development while mitigating associated pollutant, flooding, erosion, and drainage impacts.
(b) It is further the purpose of this article to direct the development and implementation of a
stormwater management program (SWMP) and to establish legal authority which authorizes
or enables the city at a minimum to:
(1) Comply with state and federal requirements related to stormwater management
developed pursuant to the Clean Water Act;
(2) Prohibit illicit discharges to the city stormwater management systems and facilities and
receiving waters;
(3) Control to the maximum extent practicable the discharge to the City stormwater
management systems and facilities and receiving waters of spills, dumping, or disposal of
materials other than stormwater;
(4) Address specific categories of non-stormwater discharges and similar other incidental
non-stormwater discharges listed in the SWMP;
(5) Require erosion and sediment controls to protect water quality on all applicable new and
re-development projects both during and after construction;
(6) Where necessary, require stormwater discharge rate and volume controls during and
following construction, development, or re-development activities;
(7) Define and implement procedures for stormwater site plan review and stormwater site
inspections of all applicable construction, development, and re-development projects within
the city;
(8) Control the discharge from the city stormwater management systems and facilities and
receiving waters of pollutants in such quantity that water quality standards are met or to
otherwise address post-construction, post-development, post-re-development, and long-term
water quality, including the necessary means needed to comply with state and federal
regulations regarding stormwater management quantity and quality;
(9) Define procedures for addressing citizen complaints of stormwater-related issues within
the city;
(10) Provide for adequate long term operation and maintenance of best management
practices (BMPs);
(11) Prior to any approval of construction, development, or re-development activities within
the city, require a letter from DHEC's Office of Ocean and Coastal Resource Management
that states the proposed project is consistent with the Coastal Zone Management Act;
(12) Carry out inspection, surveillance, and monitoring procedures necessary to determine
compliance and noncompliance with approved construction activity application conditions
including the prohibition on illicit discharges to the city stormwater management systems and
facilities and receiving waters;
(13) Encourage the use of non-traditional strategies to control stormwater discharges;
(14) Encourage the creation of riparian buffers and preservation of natural spaces to provide
areas that could be used for flood storage, stormwater treatment and control, and recreation.
Such areas may be required in special protection areas needed to protect, maintain, or
enhance water quality and protect property from flooding problems;
(15) Develop, implement, and enforce action plans to address pollutant load reductions
required in impaired waterbodies and to work towards compliance with total maximum daily
loads (TMDLs) established by the EPA or the SCDHEC and to work towards meeting water
quality standards; and
(16) Provide for the enforcement of the Stormwater Management Article.
(c) Further, it is the purpose of this article to establish review authority for the city's
department of public service and the city's public works and utilities committee for
establishing consistency of construction, development, and re-development projects with the
city's SWMP.
Sec. 27-7. Construction and scope.
The application of this article and the provisions and references expressed herein shall be the
minimum stormwater management requirements and shall not be deemed a limitation or
repeal of any other ordinances of the city or powers granted the city by the State of South
Carolina statues, including, without limitation, the power to require additional or more
stringent stormwater management requirements. If site characteristics on new development,
re-development, and existing developments indicate that complying with these minimum
requirements will not provide adequate designs or protection for local property, residents, or
the environment, as determined by the director of public service or his designee, the property
owner or operator shall be required to provide additional and appropriate management
practices, control techniques, system designs, and engineering methods to attain an adequate
level of protection.
Sec. 27-8. Severability.
It is declared the intent of city council that the sections, subsections, paragraphs, sentences,
clauses and phrases of this Article are severable; and if any such provision shall be declared
unconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, it
shall not affect the validity or enforceability of any remaining provisions of this article, and it
is the intent of city council that such provisions shall continue in full force and effect.
Sec. 27-9. Relationship with other laws, regulations, and ordinances.
Whenever the provisions of this article impose more restrictive standards than are required in
or under any other law, regulation, or article, the requirements contained in this article shall
prevail. Whenever the provisions of any other law, regulation, or ordinance require more
restrictive standards than are required in this article, the requirements of such law, regulation,
or ordinance shall prevail.
Sec. 27-10. Rules of language and interpretation.
For purposes of this article:
(a) The word "shall" is mandatory; the word "may" is permissive;
(b) The particular shall control the general;
(c) Days shall mean calendar days;
(d) Words used in the present tense shall include the future, and words used in the singular
include the plural, and the plural the singular, unless the context clearly indicates the
contrary; and,
(e) All public officials, bodies, and agencies to which reference is made are those of the
city, unless otherwise indicated.
Sec. 27-11. Conflicting ordinances repealed.
All ordinances or parts of ordinances in conflict with the provisions of this article are hereby
repealed. This article shall prevail in any and all conflicts with guidelines, manuals, or other
publications.
Sec. 27-12--27-15. Reserved.
DIVISION 2. ORGANIZATION AND ADMINISTRATION
Sec. 27-16. The city stormwater management program.
The SWMP, which shall be developed by the department of public service with city council's
approval, shall serve as the basis for directing the city's efforts to control stormwater. The
swmp requirements shall be complied with and shall be enforced in accordance with the
provisions of this article.
Sec. 27-17. Coordination with other agencies.
The department of public service may coordinate the city's activities with other federal, state,
and local agencies, which manage and perform functions relating to the protection of
receiving waters through written agreement. Authority not expressly reserved for other
agencies or restricted by statute is placed with the department of public service for the
protection and preservation of receiving waters. The department of public service should
coordinate with state and federal agencies.
Sec. 27-18--27-23. Reserved.
DIVISION 3. STORMWATER QUANTITY AND QUALITY MANAGEMENT
REQUIREMENTS
Sec. 27-24. Regulations.
The department of public service shall be responsible for day to day coordination,
implementation, and enforcement of this article and the SWMP as well as the long-term
management of the city's stormwater drainage. Without limitation, the Department of Public
Service shall have the following authority:
(1) To issue any approval, certification, or license that may be required to comply with this
article;
(2) To deny a facility connection to the city's stormwater management system or facility or
to deny the discharge to receiving waters, if the state requirements and this article are not
met;
(3) To create and enact with city council's approval the city's Stormwater Design Standards
Manual. The Stormwater Design Standards Manual shall be used to convey design and
engineering standards, construction management processes and procedures, and other aspects
necessary for compliance with this article;
(4) To require the submittal of an application for all applicable construction activities,
development activities, and re-development activities that result in activities altering an area
of land:
a. That at a minimum disturb one-half ( 1/2 acre or more and are not within one-half ( 1/2
mile of a receiving water.
b That at a minimum disturb less than one-half ( 1/2 acre and that are within one-half ( 1/2
mile of a receiving water.
c. Or other sites as deemed necessary by the director of public service or his designee.
These applications shall include a plan to control stormwater pollutants and other
components detailed in the City Stormwater Design Standards Manual.
(5) To require the development of a stormwater pollution prevention Plan (SWPPP) for all
applicable construction, development and re-development projects and enforcement of the
SWPPP;
(6) To approve applicable construction, development, and re-development activities and to
require as a condition of such approvals, structural or non-structural controls, practices,
devices, operating procedures, or other mechanisms to protect public and private property
from flooding and erosion and attain TMDL-mandated pollutant load reductions and water
quality standards;
(7) The department of public service shall develop a process that organizes the closure of
construction, development, and re-development projects to accommodate development
phases and property ownership transfers;
(8) To conduct all activities necessary to carry out the SWMP and other requirements
included in this article, and to pursue the necessary means and resources required to properly
fulfill this responsibility;
(9) To require appropriate post construction, post development, and post redevelopment
BMPs and appropriate continued maintenance of those BPMsBMPs;
(10) To determine appropriate fees and to take necessary and appropriate actions to enforce
this article; and
(11) To require encroachment permits as necessary.
Sec. 27-25. Prohibitions and exemptions.
(a) No person shall (1) develop or re-develop any land, (2) engage in any industry or
enterprise, (3) construct, operate, or maintain any landfill, hazardous waste treatment,
disposal, or recovery facility, or any other industrial or related facility, (4) dispose of any
hazardous material or toxic substance or other pollutant, or (5) otherwise allow the transport
of sediment and other pollutants associated with stormwater runoff beyond property
boundaries without complying with this article.
(b) The following development activities are exempt from the provisions of this article.
(1) Land disturbing activities undertaken on forest land for the production and harvesting of
timber and timber products that is conducted in accordance with BPMsBMPs and minimum
erosion protection measures established by the South Carolina Forestry Commission pursuant
to Section 48-18-70 of the 1976 Code of Laws of South Carolina, as amended.
(2) Activities undertaken by persons who are otherwise regulated by the provisions of
Chapter 20 of Title 48, the South Carolina Mining Act.
(3) Land disturbing activities on agricultural land for production of plants and animals,
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. The construction of an
agricultural structure that requires the disturbance of one or more acres, including, but not
limited to, broiler houses, machine sheds, repair shops, coops, barns shall require the
submittal and approval of a land disturbance application prior to the start of the land
disturbing activity.
Sec. 27-26. Design and engineering standards.
(a) The department of public service shall promulgate design and engineering standards that
shall define the desired level of quality and performance for stormwater management systems
on all applicable construction, development, and re-development activities in order to meet
the purpose of this article. The standards establish the minimum technical requirements
needed to evidence compliance through calculations, maps, drawings, or other items as
necessary.
(b) The department of public service shall develop and adopt policies, criteria,
specifications, and standards for the proper implementation of the requirements of this
article, federal and state laws and regulations, the SWMP, and to provide a sound technical
basis for the achievement of stormwater management, including water quality and quantity
objectives.
(c) It shall be the responsibility of the property owner or operator for land disturbing
activities to provide adequate controls to meet the design and engineering standards.
Sec. 27-27. Construction activity application.
(a) A submittal shall be made for all applicable construction, development, and re-
development activities for review by the department of public service. The entire application
process and requirements shall be described in a Stormwater Design Standards Manual more
fully described in section 27-28.
(b) It shall be the responsibility of the applicant to provide a complete application package
that meets the requirements of this article, the SWMP, and other state and federal regulations.
Incomplete applications shall be returned to the applicant.
(c) A maintenance plan for the stormwater management system shall be included with the
construction activity application and shall cover activities to be conducted during and after
construction, development, or re-development. As part of the maintenance plan, the property
owner of such facility shall specifically agree through signature of covenants to be
responsible for keeping the system and facilities in working order.
(d) Construction and BMP maintenance and inspection schedules to be implemented during
the construction activity and for as long as any stormwater facility is in service shall be
included with the construction activity application. Required and recommended schedules for
BMP maintenance and inspection are to be provided in the Stormwater Design Standards
Manual.
(e) Prior to the issuance of an approved application for construction activity:
(1) The property owner shall execute a legal document entitled "Covenants for Permanent
Maintenance of Stormwater Systems" which Covenants shall be recorded by the city in the
office of the register mesne conveyance for Charleston County. The location of the facility,
the recorded location of the covenants, and a statement of the property owner's responsibility
for maintenance shall be included and also shown on the plat accompanying the construction
activity application. In the case of an operator other than the property owner, a copy of a
maintenance agreement between the operator and the property owner shall be included with
the covenants, defining the operators' duties and responsibilities and a statement that the
property owner shall be responsible for maintenance activities upon the termination of such
maintenance agreement.
(2) The property owner shall grant to the city a perpetual, non-exclusive, transferable
easement, beginning or ending at a public street or other access point that allows for public
inspection and emergency repair of all components of the drainage system related to the flow
of the stormwater, including all conveyances and all water quantity and quality control
facilities. At the request of the director of public service or his designee, the property owner
shall grant to the city rights-of-way necessary for the implementation and enforcement of this
article. Stormwater quantity and quality control facilities shall be located so that required
easements can be effectively used and ownership and maintenance responsibility can be
clearly defined in deeds and plats.
(f) When the director of public service or his designee determines that additional storage
capacity or pollutant load reduction beyond that required by the applicant for on-site
stormwater management is necessary in order to enhance or provide for the public health,
safety, and general welfare, to correct unacceptable or undesirable existing conditions or to
provide protection in a more desirable fashion for future development, the city may:
(1) Require that the applicant grant any necessary easements over, through, or under the
applicant's property to provide access to or drainage for such a facility; and/or
(2) Require that the applicant obtain from the property owner(s) over, through, or under
where the stormwater management facility is to be located, any easements necessary for the
construction and maintenance of same.
(g) If the construction, development, or re-development activity is to be phased, no stage
work, related to the construction, development, or re-development of stormwater
management facilities shall commence until the preceding stage of work is completed in
accordance with an approved application to perform the work. The procedure for
construction, development, and re-development phases beginning and ending and what
constitutes such conditions shall be developed by the applicant and submitted along with
their construction activity application.
(h) Before commencing any work to implement the approved construction activity
application and upon completion of any phase or designated component of the site, the
applicant shall notify the Director of Public Service or his designee. Notification schedules
shall be provided for in the Stormwater Design Standards Manual. All self-inspections,
maintenance actions, BMP replacements, and changes to the approved application shall be
documented and presented upon request to the director of public service or his designee.
Sec. 27-28. Stormwater Design Standards Manual.
Subject to city council approval, the department of public service is authorized to develop a
Stormwater Design Standards Manual. The manual shall include design standards,
procedures and criteria for conducting hydrologic, hydraulic, pollutant load evaluations, and
downstream impact for all components of the stormwater management system. Although the
intention of the manual is to establish uniform design practices, it neither replaces the need
for engineering judgment nor precludes the use of information not presented in such manual.
Other accepted engineering procedures may be used to conduct hydrologic, hydraulic, and
pollutant load studies if approved or required by the department of public service.
The manual shall contain at a minimum the following components:
(a) Contents and approval procedures additional to section 27-27 for the construction
activity application;
(b) Construction, development, and re-development completion and closeout procedures;
(c) Hydrologic, hydraulic, and water quality design standards for the purposes of controlling
the runoff rate, volume, and pollutant load;
(d) Information and requirements for construction, development and re-development
projects in special protection areas necessary to address TMDLs, known problem areas and
other areas necessary to protect, maintain, and enhance water quality and the environment of
the city and the public health, safety, and general welfare of the citizens of the city;
(e) Construction, development, and re-development document requirements;
(f) Minimum easement requirements; and
(g) Required and recommended inspection schedules and activities for all components of
the stormwater management system, including construction, development, and re-
development related BMPs.
The manual shall be updated as needed to reflect advances in technology and experience
related to stormwater management.
Sec. 27-29. Stormwater Management Standards and Exemptions for Redevelopment.
For redevelopment activities one (1) of the following performance standards shall be
implemented as approved by the Department of Public Service:
(1) Reduce the impervious cover on the site by at least twenty (20) percent, based on a
comparison of existing impervious cover at the time of submittal of a construction activity
application; or
(2) Achieve a ten (10) percent reduction in the total volume of runoff generated from the
site by a two-year storm event. Runoff calculations shall be based on a comparison of
existing site conditions at the time of submittal of a construction activity application to the
post development site conditions; or
(3) Reduce the post development peak discharge rates by twenty (20) percent of the
existing peak discharge rates at the time of submittal of a construction activity application for
the ten-year and the twenty-five-year twenty-four-hour storm events based on a comparison
of existing ground cover at the time of submittal of a construction activity application to post
development site conditions.
The following land disturbing activities are exempt from the provisions of the article and the
requirements of providing stormwater management measures. Even if exempt from this
article, the following, as well as all land disturbing activity is not allowed to divert water to
adjacent property to cause a nuisance and/or property damage and should comply with the
intent of this article. These activities are also not exempt from implementing proper erosion
and sediment control best management practices.
(1) Construction or improvement of a single-family residence (single family residence -
separately built) or their accessory buildings, or mobile home, that is separately built and not
part of multiple construction or a subdivision development approved under this article. If
included in a land development plan, all land disturbing activities must follow the stormwater
technical report and sediment and erosion control plan that has been approved for the
construction activity.
(2) Minor land disturbing activities that do not disturb more than one-half (0.5) acre of land
area that are (a) not part of a larger common plan and (b) do not increase total impervious
cover by greater than 10% of the existing impervious cover.
(3) Any maintenance or renovation of an existing structure or system not materially
changing or affecting the rate, concentration or volume of stormwater runoff where the total
proposed improvements do not (a) increase total impervious cover on the property and (b)
where any repair, reconstruction, or improvement to an existing site and/or to any structures
located on that site such that the cumulative costs of repairs, over a five (5) year period does
not equal or exceed fifty (50) percent of the fair market value of the property and the
structures located on that property.
Sec. 27-2930. Termination of an approved construction activity application.
The notice of termination ("NOT") process shall be completed by the Department of Public
Service prior to any of the following actions, as applicable:
(a) The use or occupancy of any newly constructed components of the site;
(b) Final acceptance of any road into the official city road inventory; and/or
(c) 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 (2) or more parcels.
Sec. 27-3031. Stormwater management protection.
Maintenance of the stormwater management system is critical for the achievement of its
purpose of controlling stormwater runoff quantity and quality and the short-term and long-
term public health, safety, and general welfare of the citizens of the city. The department of
public service shall develop procedures to provide reasonable assurances that maintenance
activities are performed for both the city and privately maintained systems. The department
of public service shall also define procedures for transferring maintenance responsibilities to
another person.
(a) Property owners shall be responsible for maintaining stormwater quantity and quality
facilities and all conveyance structures located on their property. The minimum maintenance
requirements shall be performed at necessary intervals, as determined by the director of
public service or his designee, during construction and for as long as a stormwater
management system or component is in use.
(b) A property owner or operator may hire or contract others to perform necessary
maintenance actions.
(c) The city shall own and maintain all drainage system components that are constructed
under or collect stormwater runoff from a city-owned road.
(d) The city may in its sole discretion accept, limit, or decline ownership and maintenance
of all or part of a stormwater system.
Sec. 27-3132. Watercourse protection.
(a) Every person owning or operating property through which a watercourse passes shall
keep and maintain that part of the watercourse within the property free of trash, debris, and
other obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse. In addition, the property owner or operator shall maintain existing
privately owned structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the watercourse.
(b) To assist in the compliance with state and federal laws and regulations, the department
of public service may develop special protection areas which require additional control of
stormwater quality and quantity than provided by minimum design standards. Such areas
may consist of watersheds corresponding to adopted TMDLs, known flooding problems and
pollutant impairments, or other areas necessary to protect, maintain, and enhance water
quality and the environment of the city and the public health, safety, and general welfare of
the citizens of the city.
(c) New stormwater systems created as the result of any construction, development or re-
development project shall be connected to the existing drainage system in a manner so as not
to degrade the integrity of the existing system, whether natural or manmade. This shall be
demonstrated to the department of public service prior to issuance of the NOT. Discharge
points shall be confined to connections with an existing natural or man-made drainage
system. When stormwater discharges are to flow into collection systems not owned and
maintained by the city, the owners of these systems shall maintain the right to disapprove
new connections to their system.
Sec. 27-3233. Notification of spills.
Notwithstanding other requirements of law, as soon as any person has any information of any
known or suspected release of materials which are resulting or may result in illegal
discharges or pollutants discharging into stormwater, the storm drain system, or receiving
waters, said person shall take all necessary steps to discover, contain, and cleanup any such
releases. This person shall also take immediate steps to protect against future recurrences of
the discharge. In the event of such a release of hazardous materials, including but not limited
to oils, greases, engine fluids and fuels, chemicals, herbicides and pesticides, and fertilizers,
said person shall immediately notify all agencies as required by law.
Sec. 27-3334. Cleanup procedures.
The city may develop spill procedures on how non-hazardous spills are cleaned up, and who
is responsible for the cleanup in terms of the activities to be performed and cost of such
actions.
Sec. 27-345--27-39. Reserved.
Section 4. This Ordinance shall become effective upon ratification and shall apply to
applications to the City’s Technical Review Committee (TRC) received after the adoption of
this ordinance.
Ratified in City Council this______ day of _________
in the Year of Our Lord, 2017, in the _____ Year of
Independence of the United States of America.
By: _______________________________________
John J. Tecklenburg, Mayor
Mayor, City of Charleston
ATTEST: _______________________________________
Vanessa Turner Maybank
Clerk of Council
MEMORANDUM
To: Mayor Tecklenburg
From: Laura S. Cabiness, PE, Director of Public Service
Date: August 03, 2017
Subject: Recommendation for Redevelopment Standards for Stormwater Management in
the City of Charleston
The following is a summary of the modified existing stormwater ordinance to address
redevelopment practices within the City of Charleston. In summary, the following changes are
proposed:
Sec. 27-2. Definitions.
• Under “Development or re-development”, remove “re-development” from this definition.
• Add the following definitions:
o Redevelopment shall mean development on a previously developed site where the
impervious surface on the developed site is equal to or greater than twenty (20) percent of
the total site and where any repair, reconstruction, or improvement to an existing site
and/or to any structures located on that site such that the cumulative costs of repairs, over
a five (5) year period equals or exceeds fifty (50) percent of the fair market value of the
property and the structures located on that property; but excludes ordinary maintenance
activities, remodeling of existing building interiors, resurfacing of paved areas, and
exterior building changes or improvements which do not materially increase or
concentrate stormwater runoff, or cause additional nonpoint source pollution.
o Ten-year frequency storm shall mean a storm that is capable of producing rainfall
expected to be equaled or exceeded on the average of once in ten (10) years. It may also
be expressed as an exceedance probability with a ten-percent chance of being equaled or
exceeded in any given year.
o Twenty-five-year frequency storm shall mean a storm that is capable of producing
rainfall expected to be equaled or exceeded on the average of once in twenty-five (25)
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2 George Street, Suite 2100, Charleston, SC 29401-3506 • Phone (843) 724-3754 • Fax (843) 973-7261
Mayor Tecklenburg 2 June 26, 2017
years. It may also be expressed as an exceedance probability with a four (4) percent
chance of being equaled or exceeded in any given year.
o Two-year frequency storm shall mean a storm that is capable of producing rainfall
expected to be equaled or exceeded on the average of once in two (2) years. It may also
be expressed as an exceedance probability with a fifty (50) percent chance of being
equaled or exceeded in any given year.
o Undeveloped land shall mean property not altered from its natural state by construction
or installation of improvements such as roads, drainage improvements, buildings,
structures, or other impervious surfaces, or which has less than twenty (20) percent of its
property covered by impervious surfaces.
Sec. 27-3. Findings.
Add the following finding:
Redevelopment of parcels exhibiting existing impervious surfaces greater than twenty (20)
percent of the total site area is becoming common practice within the City, and is encouraged to
provide community benefit and reduce urban sprawl. As such, the City desires to implement
practices for these parcels to reduce stormwater runoff, control peak flow and improve water
quality for the betterment of the community and protection of downstream property and natural
resources.
Sec. 27-28. Stormwater Design Standards Manual.
Add the following requirements to address design requirements associated with redevelopment
sites:
For redevelopment activities one (1) of the following performance standards shall be
implemented as approved by the Department of Public Service:
(1) Reduce the impervious cover on the site by at least twenty (20) percent, based on a
comparison of existing impervious cover at the time of submittal of a construction
activity application.; or
(2) Achieve a ten (10) percent reduction in the total volume of runoff generated from
the site by a two-year storm event. Runoff calculations shall be based on a
comparison of existing site conditions at the time of submittal of a construction
activity application to the post development site conditions.; or
(3) Reduce the post development peak discharge rates by twenty (20) percent of the
existing peak discharge rates at the time of submittal of a construction activity
application for the ten-year and the twenty-five-year twenty-four-hour storm events
based on a comparison of existing ground cover at the time of submittal of a
construction activity application to post development site conditions.
The following land disturbing activities are exempt from the provisions of the article and the
requirements of providing stormwater management measures. Even if exempt from this article,
the following, as well as all land disturbing activity is not allowed to divert water to adjacent
property to cause a nuisance and/or property damage and should comply with the intent of this
Mayor Tecklenburg 3 June 26, 2017
article. These activities are also not exempt from implementing proper erosion and sediment
control best management practices.
(1) Construction or improvement of a single-family residence (single family residence -
separately built) or their accessory buildings, or mobile home, that is separately
built and not part of multiple construction or a subdivision development approved
under this article. If included in a land development plan, all land disturbing
activities must follow the stormwater technical report and sediment and erosion
control plan that has been approved for the construction activity.
(2) Minor land disturbing activities that do not disturb more than one-half (0.5) acre of
land area that are (a) not part of a larger common plan and (b) do not increase total
impervious cover by greater than 10% of the existing impervious cover.
(3) Any maintenance or renovation of an existing structure or system not materially
changing or affecting the rate, concentration or volume of stormwater runoff where
the total proposed improvements do not (a) increase total impervious cover on the
property and (b) where any repair, reconstruction, or improvement to an existing
site and/or to any structures located on that site such that the cumulative costs of
repairs, over a five (5) year period does not equal or exceed fifty (50) percent of the
fair market value of the property and the structures located on that property.