Land Development Ordinance - Amended 6-3-2024

B. Determination of Adequacy of Alternatives . Engineered stormwater controls that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the Design Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is made. (4) Completion of Engineered Stormwater Controls . The developer of any nonresidential development will be expected to have installed and stabilized the final SCMs supporting their development prior to issuance of a Certificate of Occupancy, unless otherwise specified in §9-1808 Common Application Procedures, z. Site Plan, (3) Site Plan Components, N. Phasing, iv. Stormwater Control Measures. For residential development, the final stormwater device must be installed at such point that 75% of the residential lots are completed and sold. (5) On-Site Wastewater . On-site systems for domestic wastewater covered by the Phase II Requirements shall be operated and maintained so as to avoid adverse effects on surface water and groundwater, including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped whenever necessary to assume the proper operation of the system to meet these standards, and the septic system shall be reused or disposed of in a manner that does not present significant risk to human health, surface water or groundwater.

(6) Variances . The procedures for applying for a variance are provided in Article Q Procedures & Administration.

e. Maintenance

(1) General Standards for Maintenance . The following maintenance standards shall apply to SCMs as follows:

A. Function of SMCs as Intended . The owner of each SCM installed pursuant to this section shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for

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