Stormwater Management Permits
Purpose. A Stormwater Management Permit is required for all development and redevelopment unless
exempt pursuant to Article VIII (Natural Resources) Subpart B (Water Quality).
Permit Issuance. A Stormwater Management Permit may only be issued subsequent to a properly
submitted and reviewed Stormwater Management Permit application, pursuant to this section.
Concept Plan and Consultation Meeting. The Water Quality Administrator or developer may
request a consultation on a concept plan for the post-construction stormwater management system
to be utilized in the proposed development project. This consultation meeting should take place at
the time of subdivision development plan pre-application, site plan development, or other early
step in the development process. The purpose of this meeting is to discuss the post-construction
stormwater management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater management designs
before formal site design engineering is commenced. Local watershed plans and other relevant
resource protection plans should be consulted in the discussion of the concept plan. The concept
plan should be submitted in advance of the meeting and should include:
Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout
sketch plans, which illustrate at a minimum: (1) existing and proposed topography; (2)
perennial and intermittent streams; (3) mapping of predominant soils from soil surveys (if
available); (4) boundaries of existing predominant vegetation; (5) proposed limits of
clearing and grading; and (6) location of existing and proposed roads, buildings, parking
areas and other impervious surfaces.
Stormwater Management System Concept Plan. A written or graphic concept plan of the
proposed post-development stormwater management system including: (1) preliminary
selection and location of proposed structural stormwater controls; (2) low-impact design
elements; (3) location of existing and proposed conveyance systems such as grass
channels, swales, and storm drains; (4) flow paths; location of floodplain/floodway limits;
(5) relationship of site to upstream and downstream properties and drainages; and (6)
preliminary location of any proposed stream channel modifications, such as bridge or
Application. All applications required pursuant to Article VIII (Natural Resources) Subpart B
(Water Quality) shall be submitted to the Water Quality Administrator by the land owner or the
land owners duly authorized agent. Applications shall be submitted pursuant to the application
submittal schedule in the form established by the Water Quality Administrator, along with the
appropriate fee established by the Board of Commissioners pursuant to this section.
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to Article VIII (Natural Resources) Subpart B (Water Quality),
along with the appropriate fee. If the Water Quality Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be provided with an
opportunity to submit a complete application. However, the submittal of an incomplete application
shall not suffice to meet a deadline contained in the established submission schedule.
At a minimum, the Stormwater Management Permit application shall describe in detail how post-
development stormwater runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the requirements of Article VIII
(Natural Resources) Subpart B (Water Quality). Plans shall be prepared by a qualified registered
North Carolina professional engineer or landscape architect whom shall: (1) perform services only
in their area of competence; (2) verify that the design of all stormwater management facilities and
practices meets the submittal requirements for complete applications; (3) verify that the designs
and plans are sufficient to comply with applicable standards and policies found in the Design
Manual; and (4) verify the designs and plans ensure compliance with Article VIII (Natural
Resources) Subpart B (Water Quality).
The submittal shall include all of the information required in the submittal checklist established by
the Water Quality Administrator.
Staff Review. The Water Quality Administrator shall review the application and determine whether the
application complies with the standards of Article VIII (Natural Resources) Subpart B (Water Quality). The
Water Quality Administrator may take the following action when reviewing an application:
Approval. The proposal complies with the standards of Article VIII (Natural Resources) Subpart B
(Water Quality), and is approved.
Conditional Approval. The proposal exhibits only minor deficiencies with regard to Article VIII
(Natural Resources) Subpart B (Water Quality), and is approved subject to the completion of
Fails to Comply. The proposal fails to comply with the standards of Article VIII (Natural
Resources) Subpart B (Water Quality). The Water Quality Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have an opportunity to
submit a revised application. If a revised application is not re-submitted within 30 calendar days
from the date the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required along with the
appropriate fee for a new submittal.
Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance
with this Article VIII (Natural Resources) Subpart B (Water Quality) or other statues, ordinances
and regulations of the County.
Effect of Permit. A Stormwater Management Permit shall govern the design, installation, and
construction of stormwater management and control practices on the site, including structural stormwater
BMPs and elements of site design for stormwater management other than structural stormwater BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to
be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of Article VIII (Natural Resources) Subpart B (Water Quality), whether
the approach consists of structural stormwater BMPs or other techniques such as low-impact or low-
Permit Validity. The permit does not continue in existence indefinitely after the completion of the
project; rather, compliance after project construction is assured by the maintenance provisions of Article
VIII (Natural Resources) Subpart B (Water Quality).
An approved plan shall become null and void if the applicant fails to make substantial progress on the site
within one (1) year after the date of approval. The Water Quality Administrator may grant a single, one-
year extension of this time limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan.
In granting an extension, the Water Quality Administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicants vested rights.
Effect of Approval. Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
As-Built Plans and Final Approval. Upon completion of a project, and before a certificate of
occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual as built plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and practices
and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and plans shall certify, under seal, that the
as-built stormwater measures, controls, and devices are in compliance with the approved stormwater
management plans and designs and with the requirements of this ordinance. A final inspection and approval
by the Water Quality Administrator shall occur before the release of any performance securities.
Exceptions. No certificate of compliance or occupancy shall be issued nor performance guarantees
released without final as-built plans and final inspection by the Water Quality Administrator, except where
multiple units are served by the stormwater practice or facilities in which case the Building Services
Department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans
are submitted and final inspection and approval has occurred.