Land Development Ordinance Changes Greenville County, SC PART 2 Clemson University ICAR Campus AT&T Auditorium Ju

1. Land Development Ordinance Changes Greenville County, SC PART 2Clemson UniversityICAR CampusAT&T AuditoriumJune 24, 2009

2. 3: Storm Water Utility Credit Program SECTION 3: STORM WATER UTILITY CREDIT PROGRAM Land Development Ordinance Changes – Greenville County, SC

3. 3: Storm Water Utility Credit Program • Purpose • Applicability • Credit Schedule • County Inspections • Facility and BMP Maintenance • Maintenance Agreement • Facility/ BMP not in Dedicated Easement • Disqualifying Provisions Land Development Ordinance Changes – Greenville County, SC

4. 3: Storm Water Utility Credit Program Purpose • Provide credits against Storm Water Service Fee for Class 2 properties (developed non-residential properties) • Encourage sound technical design practices and use of applicable storm water control facilities and water quality BMPs to reduce impact of development on drainage system and environment Land Development Ordinance Changes – Greenville County, SC

5. 3: Storm Water Utility Credit Program Applicability • Class 2 property (developed non-residential • Approved, on-site, post-construction storm water control facility or water quality BMP • Facility/ BMP within a recorded sanitary sewer/ drainage easement (or equivalent restrictions to future changes in use) • Must have applicable permits Land Development Ordinance Changes – Greenville County, SC

6. 3: Storm Water Utility Credit Program Applicability • Constructed in compliance with approved plans • Owner responsible for all O & M costs • Maintained in compliance with County standards • County permitted access for inspection • No significant changes in land use or impervious service within facility/ BMP service drainage area Land Development Ordinance Changes – Greenville County, SC

7. 3: Storm Water Utility Credit Program Credit Schedule • Properties can qualify for: • Water Quantity Credits (up to 25%) • Water Quality Credits (up to 25%) • A total maximum of up to 25% credit against the Storm Water Service Fee • Credit applied by reducing the number of billable ERUs • Adjusted ERU includes credit forboth water quantity and water quality • Minimum adjusted ERU is one (1) Land Development Ordinance Changes – Greenville County, SC

8. 3: Storm Water Utility Credit Program Water Quantity Credits • Tree Preservation Policy Credit (up to 10%) • Upgrade Existing Detention/Retention Facility Credit (up to 15%) • Over-Detention Credit (up to 25%) • Discharge Elimination Credit (up to 25%) Total Water Quantity Credit – NOT TO EXCEED 25% Land Development Ordinance Changes – Greenville County, SC

9. 3: Storm Water Utility Credit Program Tree Preservation Policy Credits • Up to 10% credit for going above and beyond requirements of Greenville County Tree Ordinance • Preservation of natural undisturbed areas of at least 1 contiguous acre • Must meet standards to qualify for conservation use per SC Nature Conservancy guidelines Land Development Ordinance Changes – Greenville County, SC

10. 3: Storm Water Utility Credit Program Tree Preservation Policy Credits • Must be recorded in restrictive covenants • Impervious surface runoff treated by stream buffers will also be considered for credit • Allow 1% credit for each acre of contiguous area up to 10% Land Development Ordinance Changes – Greenville County, SC

11. 3: Storm Water Utility Credit Program Upgrade Existing Detention/ Retention Facility Credit • Up to 15% credit for reconstruction of existing detention/retention basins that comply with current storm water regulations • Engineer’s certification of compliance required Land Development Ordinance Changes – Greenville County, SC

12. 3: Storm Water Utility Credit Program Over-Detention Credit • Up to 25% credit for detention/ retention of runoff in excess of current regulations • Engineer’s certification required • Maximum credit per storm event allowed as follows: • 100-year = 1% • 50-year = 2% • 25-year = 11% • 10-year = 6% • 2-year = 5% • Calculations must reflect a pre-development land use without development and/or prior land disturbing activities Land Development Ordinance Changes – Greenville County, SC

13. 3: Storm Water Utility Credit Program Discharge Elimination Credit • Up to 25% credit for properties that do not discharge storm water runoff or pollutants to the County MS4 • These areas treat, store, dispose, transpire, evaporate, infiltrate or otherwise manage runoff from all rainfall events up to and including 100-year • Engineer certification required Land Development Ordinance Changes – Greenville County, SC

14. 3: Storm Water Utility Credit Program Water Quality Credits • New Development, New BMPs Credit (up to 10%) • Retrofit Existing Facility Credit (up to 25%) • Offsite Storm Water Quality Control Credit (up to 25%) Total Water Quality Credit – NOT TO EXCEED 25% Land Development Ordinance Changes – Greenville County, SC

15. 3: Storm Water Utility Credit Program New Development, New BMPs Credit New Storm Water Quality Control BMP Credit = % impervious area of property routed through BMP x Water Quality Factor % x 0.10 • Up to 10% credit for installing water quality facilities/ BMPs • BMPs designed in accordance with Greenville Co. Storm Water Design Manual • List of Approved BMPs – Appendix G of Design Manual Land Development Ordinance Changes – Greenville County, SC

16. 3: Storm Water Utility Credit Program New Development, New BMPs Credit • Water Quality Factors: available for approved BMPs in Appendix G of Design Manual • Innovative solutions encouraged (may require valid documentation from full scale testing by independent 3rd party for verification of pollutant removal efficiency) • Engineer’s Certification required (verifying that flow from the specified % of impervious area of property is routed through BMP) Land Development Ordinance Changes – Greenville County, SC

17. 3: Storm Water Utility Credit Program New Development, New BMPs Credit APPROVED BMPS Water Quality Factor (%) NON-STRUCTURAL BMPS Open vegetated conveyance systems 20 Natural stream buffers 25 Disconnected rooftop to pervious area 15 Grass or alternative paving surfaces 15 Natural Infiltration 65 STRUCTURAL BMPS – GENERAL APPLICATION Dry Detention Basin 65 Wet Detention Pond 80 Storm Water Wetlands 80 Biofilter 65 Media Filter 65 Media Filter (Manufactured Devices) 65 Hydrodynamic Device (Manufactured Devices) 35 STRUCTURAL CONTROLS – LIMITED APPLICATION Vegetated Filter Strip (L < 150 ft.) 20 Vegetated Filter Strip (L > 150 ft.) 50 Vegetated Channels and Swales 20 Land Development Ordinance Changes – Greenville County, SC

18. 3: Storm Water Utility Credit Program Retrofit Existing Facility Credit • Up to 25% credit allowed for retrofit of existing facilities to meet current standards • File credit application and obtain development permit prior to making changes • One credit application per parcel Land Development Ordinance Changes – Greenville County, SC

19. 3: Storm Water Utility Credit Program Retrofit Existing Facility Credit • Site map prepared by SC licensed engineer or land surveyor showing key site characteristics • Storm water design analysis, H & H report, as-builts by SC licensed PE • Service fee credit for 5-year term • Annual report and certification of proper O & M Land Development Ordinance Changes – Greenville County, SC

20. 3: Storm Water Utility Credit Program Offsite Storm Water Quality Control Credit Offsite Storm Water Quality Control Credit = Offsite Drainage Area/ Onsite Drainage Area x Water Quality Factor % x 0.25 • Up to 25% credit allowed if demonstrated that on-site storm water treatment facility adequately treats offsite runoff from one or more developed properties (for which no storm water control exists at time of application) • No credit granted for non-point source pollution control for offsite undeveloped properties Land Development Ordinance Changes – Greenville County, SC

21. 3: Storm Water Utility Credit Program Offsite Storm Water Quality Control Credit • Offsite drainage area contiguous with onsite drainage area • No contractual BMP maintenance agreement between owners (notarized certification from licensed SC engineer) • At such time as offsite runoff is treated prior to draining to onsite BMP or maintenance agreement is executed between on-site and off-site parties, credit may be reevaluated for reduction or cancellation Land Development Ordinance Changes – Greenville County, SC

22. 3: Storm Water Utility Credit Program Storm Water Service Fee Credit Application Form • Application Form available on Greenville County website at: http://www.greenvillecounty.org/land_development/ pdf/sw_fee_credit_app_form.pdf • Credit application documentation requirements checklist • Credit calculation worksheets • Engineer’s Certification sheets • Maintenance Agreement Land Development Ordinance Changes – Greenville County, SC

23. 3: Storm Water Utility Credit Program County Inspections • Periodic evaluations of facilities/ BMPs to ensure proper maintenance and function • Failure of evaluation will lead to NOV • Fee credit rescinded if adequate corrections not made within specified timeframe • Reapplication is required for reinstatement of credit (after one year waiting period) Land Development Ordinance Changes – Greenville County, SC

24. 3: Storm Water Utility Credit Program Facility and BMP Maintenance • Prior to submittal of Credit Application: • Must be constructed in compliance with approved plans • Functioning as intended • Properly maintained • Inspections by property owner’s engineer to be done using County provided forms • Annual report and certification of proper O&M required to maintain credit Land Development Ordinance Changes – Greenville County, SC

25. 3: Storm Water Utility Credit Program Maintenance Agreement • Master Agreement for all types of storm water control facility or water quality BMP • Use for on-site facilities/ BMPs (between property owner and County) • Use for off-site facilities/BMPs (between applicant and facility/ BMP owner) Land Development Ordinance Changes – Greenville County, SC

26. 3: Storm Water Utility Credit Program Maintenance Agreement • Storm Water Facility/ BMP Location Map • Legal Description of Facilities/ BMPs • Long Term Maintenance Plan: • BMP schematics • Schedule of inspections • List techniques to inspect and maintain systems (Use documentation checklists provided by County on website - available for all approved BMPs) Land Development Ordinance Changes – Greenville County, SC

27. 3: Storm Water Utility Credit Program Maintenance Agreement • Long Term Maintenance Plan(continued): • Describe where and how trash, sediment, and other pollutants removed will be disposed • Identify person(s) responsible for inspection and maintenance • Provisions for permanent access and maintenance easements Land Development Ordinance Changes – Greenville County, SC

28. 3: Storm Water Utility Credit Program Facility/BMP not Located in Dedicated Easement • May be allowed • Applicant must enter into a Maintenance Agreement with County • Acceptance at discretion of County • Contact Countyprior to requesting Credit Application Land Development Ordinance Changes – Greenville County, SC

29. 3: Storm Water Utility Credit Program Disqualifying Provisions • Development/ construction in floodplain • Development/ construction on slopes in excess of 15% • Siting on porous or erodible soil • Excessive soil removal and excavation • Severe topography modifications Land Development Ordinance Changes – Greenville County, SC

30. 3: Storm Water Utility Credit Program Disqualifying Provisions • Channelization • Development in sensitive areas • Clear cutting • Excessive grading • Windborne dust and soils • Transfer of pollution by vehicles and equipment Land Development Ordinance Changes – Greenville County, SC

31. 3: Storm Water Utility Credit Program QUESTIONS ??? Land Development Ordinance Changes – Greenville County, SC

32. 4: Changes to Storm Water Design Manual SECTION 4: CHANGES TO STORM WATER DESIGN MANUAL Land Development Ordinance Changes – Greenville County, SC

33. 4: Changes to Storm Water Design Manual List of Chapters with Major Changes • Ch.2.2 Engineer Minimum Plan • Ch.2.3 Special Pollution Abatement Permit • Ch.3.1.2 Preferred Storm Water Management Facilities • Ch.3.1.3 Fee-in-lieu • Ch.3.1.4 Minimum Preliminary Site Development Plan Requirements • Ch.3.3.3 Storm Water Management Design Standards • Ch.3.3.4 Erosion & Sediment Control Design Standards (Note: Items in blue discussed elsewhere in presentation.) Land Development Ordinance Changes – Greenville County, SC

34. 4: Changes to Storm Water Design Manual List of Chapters with Major Changes • Ch.3.3.5 Single and Multi-Family Development Regulations • Ch.3.3.7 Storm Water Facility Ownership & Maintenance • Ch.3.4 Digital submittal requirements • Ch.3.7 Performance Security • Ch.3.9.8 Service Fee Credit Calculations • Ch.3.9.9 Approved BMPs • Ch.4.4 Easement Widths • Ch.5.6 First Flush Water Quality Volume • Ch.7.2.3 Detention Structure Design • Ch.8.4.8 Final Stabilization (Note: Items in blue discussed elsewhere in presentation.) Land Development Ordinance Changes – Greenville County, SC

35. 4: Changes to Storm Water Design Manual List of Chapters with Major Changes • Ch.9.4 Water Quality Regulations • Ch.9.5 First Flush Water Quality Volume • Ch.9.10 Special Pollution Abatement Permit • Ch.10 Low Impact Development • Ch.12.2.2 Inspections During Construction • Ch.12.3 Correction Orders • Ch.12.6 Civil Citations • Ch.12.7 Consent Process • Ch.12.8 Criminal Penalties • App. G Approved BMPs, Fee Credits (Note: Items in blue discussed elsewhere in presentation.) Land Development Ordinance Changes – Greenville County, SC

36. 4: Changes to Storm Water Design Manual Ch.2.2 Engineer Minimum Plan • Small scope projects with design criteria requiring professional designer due to one of the following will submit an Engineer Minimum Plan: • Quantity control in place as part of large common plan but quality control may or may not be in place and EPSC plan is required • Redevelopment requires post-construction BMP upgrades and an EPSC plan • Minor modification or reconstruction of existing facility/ BMP Land Development Ordinance Changes – Greenville County, SC

37. 4: Changes to Storm Water Design Manual Ch.2.2 Engineer Minimum Plan • Small scope projects with design criteria requiring professional designer due to one of the following will submit an Engineer Minimum Plan (continued): • Site drains to 303(d) or TMDL waterbody or have potential impact requiring BMPs for correction of violation of grading without permit • Project has negative downstream impacts • Site requires storm drain pipe or alterations to existing pipe Land Development Ordinance Changes – Greenville County, SC

38. 4: Changes to Storm Water Design Manual Ch.2.2 Engineer Minimum Plan • Application, permit process same as Non-Simplified Plan except for design criteria and fees • Minimum design criteria set on case-by-case basis during pre-design meeting • Fees are same as Simplified Permit Land Development Ordinance Changes – Greenville County, SC

39. 4: Changes to Storm Water Design Manual Ch.2.2 Engineer Minimum Plan • Plans require oversight by Design Professional • CEPSCI inspections and engineer of record certification may be required • Plan may be forwarded to SCDHEC for general permit based on disturbed area and if part of larger common plan Land Development Ordinance Changes – Greenville County, SC

40. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Ordinance language additions are presented in Part 1 of presentation. (Ordinance Location: Division 1 – Storm Water Management, Sec. 8-78. Fee-In-Lieu.) • Additional guidance is provided in Design Manual: • Purpose • Application • Criteria • Procedures Land Development Ordinance Changes – Greenville County, SC

41. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Purpose:To allow payment of a fee-in-lieu of providing storm water detention on a development site: • At sites where county intends to construct downstream storm water conveyance upgrades or regional controls, or • To encourage use of LID practices Land Development Ordinance Changes – Greenville County, SC

42. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Application: • Larger sites: • Prove no downstream impacts • Be in specified watersheds where county intends to construct storm water conveyance upgrades or regional controls • Sites with < 1 acre impervious: • Preferred method • Fee waived if LID used • Certain practices required (enhanced infiltration with permeable pavements, bio-swales, bio-retention cells, rain gardens, storm water harvesting and reuse, green roofs) Land Development Ordinance Changes – Greenville County, SC

43. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Criteria: • Modeling shows on-site detention results in unfavorable downstream impacts (increase in peak discharge, flooding depth, erosion, water quality) • Runoff from area is controlled via regional, county maintained conveyance system, storage and water quality enhancements • Site with one acre or less impervious area, or with a flow increase of 1 or more cfs Land Development Ordinance Changes – Greenville County, SC

44. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Criteria (continued): • MS4 conveyance and natural system provide adequate capacity and demonstrate no adverse effects to all upstream, adjacent and downstream properties in full build out watershed conditions • Development adds a minimum of 5,000 square feet of impervious area (does not apply to individual residential homes, separately built) Land Development Ordinance Changes – Greenville County, SC

45. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Criteria (continued): • Development located in watershed where model and master plan exists for impact evaluation purposes (currently: Gilder/Horsepen Creek, Brushy Creek, Rocky Creek, and Reedy River) • Can show site specific controls constitute a hardship case and fee-in-lieu is only option • Proposals presented during pre-design meeting • Fee paid prior to issuance of land disturbance or grading permit Land Development Ordinance Changes – Greenville County, SC

46. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Procedures: • For requiring and collecting fee-in-lieu of revenues: • Submit written request (will be rejected or approved within 45 days unless additional engineering studies are required) • Fee-in-lieu = estimated construction cost of proposed and approved on-site storm water storage, including land costs • County maintained fund for identifying and controlling all revenues and expenditures resulting from fee-in-lieu approvals. Land Development Ordinance Changes – Greenville County, SC

47. 4: Changes to Storm Water Design Manual Ch.3.1.3 Fee-in-lieu • Procedures (continued): • Revenues received from each watershed to be deposited in these funds for use within that watershed • Revenues may be used to plan, design or construct upgrade to existing or future storm water management systems if upgrades are consistent with a storm water master plan, floodplain study or storm water system improvement approved by Director Land Development Ordinance Changes – Greenville County, SC

48. 4: Changes to Storm Water Design Manual Ch.3.1.4 Minimum Preliminary Site Development Plan • All Site Development Plan Requirements, as listed in revised Ordinance Sec. 8-68, have been added to Design Manual in Ch.3.1.4. • The only revisions to Site Development Plan Requirements in Ordinance are (also discussed in Part 1 of presentation): • Plans must meet all other applicable plan requirements in effect at time of submittal Land Development Ordinance Changes – Greenville County, SC

49. 4: Changes to Storm Water Design Manual Ch.3.1.4 Minimum Preliminary Site Development Plan • The only revisions to Site Development Plan Requirements in the Ordinance are (continued): • Requires a tree saving and planting plan consistent with GC Tree Ordinance and Landscape Plan requirements of Design Manual • 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

50. 4: Changes to Storm Water Design Manual Ch.3.4 Digital Submittal Requirements • Submit electronic copy of plans with preliminary approval per Greenville County’s Electronic Submission Standards and Procedures posted at: http://www.greenvillecounty.org/land_development/Planning.asp • Will be used only for anonymous inclusion in GC GIS • Submit drawings in DWG or DXF format to County’s ftp site or on approved standard storage media • Land disturbance permit will not be issued until electronic submittal has been received and approved Land Development Ordinance Changes – Greenville County, SC