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Agenda - 05-04-1999 - 7a
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Agenda - 05-04-1999 - 7a
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Last modified
3/27/2009 3:37:04 PM
Creation date
3/27/2009 3:30:04 PM
Metadata
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BOCC
Date
5/4/1999
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7a
Document Relationships
Minutes - 19990504
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\1990's\1999
ORD-1999-003 Proposed Amendments to the Carrboro Land Use Ordinance 05041999
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 1990-1999\1999
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~~~~ f1 ~+OF t~OSE~ h~fiSA ~I~D`~~~A~~~'f;, <br />........ni u~3.....,3N .... ..ur.~.» :ra.. ..'~~.:..r:ititii. c.A. i:.. Y3: l,......arn..~..9~1t '.i. 5....N .....:.r..9.......iiS7si...a... i1$7'~,«41.i~«.. ..... ~ ^.. .`'~ <br />..$r,...ls .r.. a. <br />1 permits shall be identified and evaluated by the developer and reviewed by the <br />2 town engineer, staff and the environmental advisory boazd. The developer shall <br />3 implement mitigation measures as are determined to be necessary by the town, <br />4 based upon the results of this evaluation, to prevent the predicted impacts. <br />5 Potential impacts to be evaluated may include, but are not limited to, backwater . <br />6 effects on upstream properties, increased volumes or rates of stormwater flow, <br />7 offsite sedimentation, erosion and/or ground-cover loss downstream, increased <br />8 scouring of any downstream streambed, lowered quality of water due to the <br />9 pollutants carried in runoff, or any damage that materially injures the value of <br />10 adjoining or abutting property. The azea of study is not limited to the property <br />11 being developed. <br />12 <br />13 (2) Prior to consideration by the permit issuing boazd, the developer shall, through a <br />14 qualified professional, submit a statement specifically identifying and quantifying any <br />15 potential negative stormwater effects the proposed development may have on upstream <br />16 or downstream properties or water quality. The permit issuing authority may require <br />17 modifications to the stormwater control plans to achieve compliance with the <br />18 objectives of this section. If and to the extent that the Boazd does not require changes <br />19 to the sformwater control system to eliminate any potential negative effects, then such <br />20 negative effects shall not thereafter be regarded as "damage" for purposes of <br />21 subsequent enforcement of this section. <br />22 <br />23 (3) Except as provided in subdivision (2) above, approval by the town of a developer's <br />24 stormwater control plans, and construction by the developer of the facilities as shown <br />25 in such plans, shall not relieve the developer of the responsibility of satisfying the "no <br />26 damage" standard set forth above. If at any time prior to two yeazs following the <br />27 issuance of a certificate of occupancy (for an unsubdivided development) or the <br />28 approval of a final plat (for a subdivision) the town determines that the stormwater <br />29 facilities planned to be installed or actually installed to meet the requirements of this <br />30 section aze inadequate, the town may require the submission of revised plans and the <br />31 installation of new, altered, or additional facilities to bring the development into <br />32 compliance. Prior to issuance of a certificate of occupancy or approval of a final plat, <br />33 the town may require the developer to post a performance bond or other sufficient <br />34 ~ surety to guarantee compliance with this section. <br />35 <br />36 (4) Except as set forth in subdivision (3) above, this section shall impose no obligation on a <br />37 developer (or any successor to the developer) to modify or alter stormwater facilities <br />3 8 installed in accordance with approved plans or to construct new or additional facilities. <br />3 9 However, stormwater facilities shall be properly maintained so that they continue to <br />40 perform as they were designed to perfonm.~ All developments shall be constructed and <br />41 maintained so that they do not cause damage to other properties with their surface waters. <br />42 <br />..........._...».......»» .......... .....»...........»..»»...»»...»...»»......»»..`Page 28 of 3S .....»»..................»....»...........»...........».»...............................................».... <br />
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